Chairman Guthrie Delivers Floor Remarks on Permitting Reform Bills

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, delivered remarks on the House floor regarding H.R. 6409, the FENCES Act, HR 6398, the RED Tape Act, and HR 6387, the FIRE ACT. Together, these three bills are essential to the work that House Republicans are doing to pass the permitting reform needed to unleash American energy, lower prices, and support domestic manufacturing.

Chairman Guthrie's remarks on permitting reform legislation, as prepared for delivery:

“I rise in support of H.R. 6409, the FENCES Act, HR 6398, the RED Tape Act, and HR 6387, the FIRE ACT.

“These three bills are an essential part of the Committee’s broader efforts on permitting reform and align with White House permitting priorities, which include modernizing the Clean Air Act. A lot has changed since 1990, the last time the Clean Air Act got a substantive overhaul, and some parts of the law have become outdated, contributing to the regulatory gridlock that is stifling American growth and innovation.

“A lot has changed since 1990, the last time the Clean Air Act got a substantive overhaul, and some parts of the law have become outdated, contributing to the regulatory gridlock that is stifling American growth and innovation.

“These bills are foundational to our permitting reform efforts because they illustrate ways we can protect public health and the environment while removing outdated provisions that are slowing energy production and manufacturing, ultimately preventing job creation.

“The Energy and Commerce Committee has held multiple hearings this Congress on the process for establishing and implementing national air quality standards and improving the preconstruction permitting program without sacrificing environmental protections. Some of the most expensive and significant barriers in the permitting process are the result of the law’s outdated provisions.

“What’s worse, these burdensome requirements fail to address the most significant sources of pollution and create disincentives for companies to invest in cost-efficient and effective technology that would actually improve air quality.

“In the U.S. it takes 80% longer to permit projects than elsewhere in the world. America’s outdated permitting system costs manufacturers in the U.S. approximately $7.90 billion each year. While a reasonable level of permitting is of course needed, without common sense reforms, our nation risks falling behind our adversaries like China.

“Notably, over 70% of projects require Clean Air Act permits, which have the most burdensome approval process of any permitting requirement. Notably, over 70% of projects require Clean Air Act permits, which have the most burdensome approval process of any permitting requirement. These three bills remove regulatory uncertainty and bureaucratic hoops that impact what and where job creators build new businesses – but they do not change the underlying environmental protections in the law.

“The FENCES Act, introduced by Congressman Pfluger, ensures that states and local communities are not penalized for foreign air emissions emanating outside of the U.S.

“The FENCES Act clarifies that all foreign emissions, whether natural or man-made, are not considered when determining whether a state meets national air quality standards.

“The FENCES Act protects manufacturers and communities from unnecessary compliance burdens caused by events beyond their control, such as pollution from China or foreign wildfires or dust storms, while upholding environmental standards under the Clean Air Act.

“The RED Tape Act, introduced by Congressman Joyce, eliminates a duplicative environmental review for projects already subject to NEPA environmental review. The duplicative review leads to additional delays and costs in the NEPA process.

“The FIRE Act, introduced by Congressman Gabe Evans and co-led by Congressman Adam Gray, updates the Clean Air Act to address the biggest threat in air pollution this country faces today, wildfires. Bipartisan legislation ensures that states are not punished for prescribed burns or emissions they cannot control.

“Prescribed burns are the most effective tool to decrease the severity of wildfires and public health problems associated with wildfire smoke. Despite the widespread acceptance of the benefits of prescribed burns, they are underutilized across the U.S. due to perverse regulatory burdens under current air quality laws.

“I urge my colleagues to join me in supporting H.R. 6409, the FENCES Act, H.R. 6398 the RED Tape Act, and H.R. 6387 the FIRE Act. These bills provide common-sense solutions and long needed updates to the Clean Air Act.”