Sponsor
James Gallagher
Representative · R-CA
Representative · R-CA
The bill strengthens intergovernmental coordination and legal robustness for air-quality waivers and authorizations but does so at the cost of slower approvals, higher compliance costs, and greater litigation risk.
State governments and the EPA will have a formal extra concurrence step on air-quality waivers and authorizations, creating clearer intergovernmental coordination and shared decision-making.
Regulated entities and communities may get more legally robust and consistent waiver/authorization decisions because the additional procedural review can reduce inconsistent or legally vulnerable approvals, improving enforcement outcomes for local communities.
States and applicants will face longer processing times and extra administrative steps for waiver/authorization requests filed after enactment, slowing state-level decisionmaking and program responsiveness.
Operators and regulated entities (and ultimately taxpayers) could see delays in regulatory approvals that increase compliance uncertainty and raise operational and administrative costs.
Adding a statutory concurrence step and procedural requirements may invite more litigation over whether the new process was properly followed, increasing legal risk and enforcement uncertainty.
Based on analysis of 2 sections of legislative text.
Adds an extra concurrence requirement to Clean Air Act Section 209 waiver and authorization requests submitted after enactment.
Official title: To amend the Clean Air Act to impose concurrence requirements prior to the adoption and enforcement of certain State emissions standards, and for other purposes.
Introduced August 27, 2026 by James Gallagher · Last progress August 27, 2026
Requires an extra concurrence step for waiver and authorization requests under the Clean Air Act submitted on or after enactment. The change inserts new wording into two parts of Section 209, adding a procedural requirement that requesters obtain concurrence as defined by the amended text before a waiver or authorization can proceed. The amendment does not appropriate funds or create new programs; it alters the statutory process for certain emissions-related waivers and authorizations, affecting federal regulatory procedures and entities that request or rely on those waivers.