From Gridlock to Growth: Permitting Reform Under the Clean Air Act

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · September 16, 2025 · 119th Congress
The House Energy and Commerce Subcommittee on Environment held this hearing to examine H.R. Begins at ▶ 0:00:00
Transcript
Highlights

Title

Clean Air Act permitting reform bills for energy, manufacturing, and AI growth

Purpose

The House Energy and Commerce Subcommittee on Environment held this hearing to examine H.R. 161 and four discussion drafts intended to reform Clean Air Act permitting processes, following an earlier June hearing on similar issues. Members and six witnesses debated whether the proposed changes — including new source review revisions, a presidential national-security exemption, wildfire/exceptional-events provisions, and reduced EPA secondary review — would speed manufacturing, energy, and data-center projects or weaken public health protections. Begins at▶ 0:00:00

Who spoke

• Chairman Buddy Carter/Palmer (Subcommittee Chair)▶ 0:00:00: Argued outdated Clean Air Act provisions punish job creators for emissions they can't control, discourage wildfire mitigation, and threaten AI competitiveness▶ 0:00:29; later closed by asking Seiden and Coons about consequences of failing to modernize the Act▶ 2:22:18.

• Rep. Paul Tonko (D-NY), Ranking Member▶ 0:02:44: Welcomed Micron's upstate New York investment▶ 0:02:44 but warned the presidential exemption bill mirrors abuse of section 112(i)(4) hazardous-pollutant waivers granted with "essentially no public process"▶ 0:04:49; pressed Powell on the exemption process later▶ 0:46:35.

• Rep. Brett Guthrie (R-KY), Full Committee Chair▶ 0:07:29: Cited $1.8 trillion in Biden-era regulatory costs, 70% from EPA/Clean Air Act rules▶ 0:08:22; questioned witnesses on whether meaningful permitting reform is possible without modernizing the Clean Air Act▶ 0:41:18.

• Danny Seiden, Arizona Chamber of Commerce and Industry▶ 0:11:14: Said over 80% of Arizona's ozone comes from outside the state (Mexico, Asia, wildfires) and Arizona has no emission offset bank▶ 0:13:13; outlined six proposed reforms including codifying section 179B and cooperative federalism▶ 0:15:10.

• Ashley Kunz (referred to as "Coons" in captions), Micron▶ 0:15:55: Said Micron's up to $150 billion domestic investment supports 90,000 jobs▶ 0:16:22; testified one New York permitting process has taken two and a half years▶ 0:44:06 and urged codifying wildfire-vs-human PM2.5 definitions▶ 0:18:34.

• Keri Powell, Southern Environmental Law Center▶ 0:20:23: Said the Clean Air Act prevented 230,000 premature deaths annually by 2020 with benefits exceeding costs 30-to-1▶ 0:21:20; testified dozens of facilities have received presidential hazardous-pollutant exemptions with no public record, citing a Georgia facility exempted despite already complying▶ 0:47:32▶ 0:48:00.

• Mark Gebbia, The Williams Company▶ 0:25:46: Said Williams handles about one-third of US natural gas via 33,000 miles of pipeline▶ 0:26:18; argued legacy EPA rules for coal plants improperly delay behind-the-meter gas generation for data centers▶ 0:28:48.

• Ali Mirzakhalili, Oregon DEQ▶ 0:30:54: Warned the New Source Review Permitting Improvement Act's reliability/safety exemption could exempt nearly all facility changes from review▶ 0:32:41; said waivers for one facility just shift pollution burden onto others▶ 0:51:00.

• Clint Woods, Indiana Department of Environmental Management▶ 0:35:57: Said Indiana issues 100% of key air permits and beats permitting deadlines by roughly 50%▶ 0:37:45; noted criteria pollutant emissions fell over 65% since 2002 while manufacturing GDP share leads the nation▶ 0:39:15; said EPA's Title 5 secondary review "adds very little value"▶ 0:45:38.

• Rep. Michael Crenshaw (R-TX)▶ 0:51:41: Said six criteria pollutant emissions are down more than 70% since 1970 and argued permitting reform "does not tear up the Clean Air Act"▶ 0:52:30.

• Rep. Frank Pallone (D-NJ), Full Committee Ranking Member▶ 1:44:50: Called the bills a "false choice" between building and environmental protection▶ 1:44:50; had Powell confirm PM2.5 rollbacks would harm public health▶ 1:48:14.

• Rep. Jan Schakowsky (D-IL)▶ 1:34:14: Said nearly 190,000 Americans die from air pollution▶ 1:34:42 and asked Mirzakhalili whether the proposed changes would increase illness and death▶ 1:36:23.

• Rep. Jeff Crank (R-CO)▶ 1:39:34: Noted roughly 70% of Colorado's emissions originate outside the state▶ 1:40:01 and asked Woods what permitting reforms he'd prioritize▶ 1:40:33.

• Rep. August Pfluger (R-TX)▶ 1:49:23: Asked Woods how clarifying section 179B under the Fences Act would reduce delays from out-of-state pollution▶ 1:49:59.

• Rep. Scott Peters (D-CA)▶ 1:54:41: Cited his Fix Our Forests Act and e-Permit Act as bipartisan reforms▶ 1:55:10; said he's "reticent to lower standards" but wants faster timelines▶ 1:56:04.

• Rep. Robert Menendez (D-NJ)▶ 1:59:55: Had Powell confirm particulate matter causes cancer, stroke, and heart disease▶ 2:00:18; linked Medicaid cuts to communities already overburdened by pollution▶ 2:00:38.

• Rep. Jonathan Lansman▶ 2:05:03: Criticized EPA's move to shutter the Office of Research and Development, threatening nearly 1,200 jobs▶ 2:06:28; had Powell describe ORD's role identifying ethylene oxide risks in Georgia▶ 2:07:07.

• Rep. Buddy Carter (R-GA)▶ 2:15:16: Cited the Savannah Harbor deepening project taking from 1996 to 2022 to complete versus three Chinese ports built in the same span▶ 2:16:18; discussed his CLEAR Act on wildfire exceptional events▶ 2:16:49.

Key moments

• Seiden testified that even shutting down every industrial source and vehicle in Phoenix-area counties the size of Connecticut would not bring Arizona into ozone attainment, since over 80% of its ozone originates elsewhere▶ 0:13:13.

• Tonko and Powell detailed EPA's use of a solicited-request email inbox under section 112(i)(4) to grant presidential hazardous-pollutant exemptions with no technical record, no public comment, and applications state agencies themselves couldn't obtain▶ 0:47:32▶ 0:50:10.

• Mirzakhalili said the proposed NSR bill's exemption for changes that "restore, maintain, or improve reliability or safety" is so broad it's "hard to imagine any modification" that wouldn't qualify, effectively exempting all existing-facility changes from review▶ 0:32:41.

• Powell disclosed a Georgia facility already fully complying with a federal ethylene-oxide rule that nonetheless received a presidential exemption on the claim that compliance technology "is somehow not available"▶ 0:48:00.

• Woods contrasted Indiana's SO2 concentration drop of nearly 80% since 2013 with the state permitting fewer delays than federal peers, crediting state-led implementation over federal oversight▶ 0:39:15.

• Kunz/Coons said one Micron New York project has been in environmental permitting for two and a half years, with duplicative reviews across "tens of agencies" sometimes issuing conflicting guidance▶ 0:44:06▶ 1:53:21.

• Carter cited the Savannah Harbor expansion, permitted starting in 1996 and completed in 2022, while China built three ports in the same period▶ 2:16:18.

• Powell and Menendez discussed how Republicans' reconciliation bill cutting Medicaid for 15 million people compounds risk for communities already overburdened by particulate-matter pollution▶ 2:00:59.

• Landsman highlighted EPA's move to shutter the Office of Research and Development (nearly 1,200 jobs), which Powell said identified ethylene oxide as far more carcinogenic than previously known, prompting Georgia to adopt stronger permit standards later exempted by the president▶ 2:06:28▶ 2:07:07.

• Woods and Crank noted Northwest Indiana would attain ozone/SO2 standards but for international transport, with local sources contributing only 4-13 parts per billion of the 70 ppb standard▶ 1:40:33.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
DateSeptember 16, 2025
TypeHearing
Witnesses
Mr. Danny Seiden — President and CEO, Arizona Chamber of Commerce Industry
Ms. Keri Powell — Senior Attorney for Community Health and Air Program Leader, Southern Environmental Law Center
Ms. Ashley Kunz — Senior Director Environmental, Health and Safety, Front-End U.S. Expansion, Micron
Mr. Mark Gebbia — Vice President of Environmental, Regulatory, and Permitting, The Williams Company
Mr. Ali Mirzakhalili — Air Quality Division Administrator, Oregon Department of Environmental Quality
Mr. Clint Woods — Commissioner, Indiana Department of Environmental Management
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Transcript297 caption blocks · 18,662 words · 2:27:17 runtime
EventCongress.gov 118616