II 

116TH CONGRESS 

1ST SESSION S. 2104 

To amend the Clean Air Act to exclude energy efficiency projects, pollution 

control projects, and reliability projects from the definition of a modification. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2019 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To amend the Clean Air Act to exclude energy efficiency 

projects, pollution control projects, and reliability 

projects from the definition of a modification. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXCLUSION OF ENERGY EFFICIENCY 

4 PROJECTS, POLLUTION CONTROL PROJECTS, 

5 AND RELIABILITY PROJECTS FROM THE DEF6 INITION OF A MODIFICATION. 

7 Section 111(a)(4) of the Clean Air Act (42 U.S.C. 

8 7411(a)(4)) is amended— 

9 (1) by striking ‘‘(4) The term ‘modification’ 

10 means’’ and inserting the following: 


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1 ‘‘(4) MODIFICATION.— 

2 ‘‘(A) IN GENERAL.—The term ‘modifica3 tion’ means’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(B) EXCLUSION.—The term ‘modifica6 tion’ does not include any energy efficiency 

7 project, pollution control project, or reliability 

8 project. 

9 ‘‘(C) ASSOCIATED DEFINITIONS.—For pur10 poses of subparagraph (B): 

11 ‘‘(i) ENERGY EFFICIENCY PROJECT.— 

12 The term ‘energy efficiency project’ means 

13 any project or activity undertaken at a sta14 tionary source (including any physical 

15 change in, or change in the method of op16 eration of, the stationary source) or any 

17 group of projects, activities, or changes un18 dertaken during the same outage period— 

19 ‘‘(I) as a result of which the 

20 maximum hourly carbon dioxide emis21 sions rate of the stationary source is 

22 lower than that rate was immediately 

23 before the project or activity, or the 

24 group of projects, activities, or 

25 changes, was undertaken; and 


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1 ‘‘(II) after which the maximum 

2 hourly emission rate for any other 

3 regulated pollutant is not more than 

4 either the facility-wide or unit-specific 

5 permitted emission rate. 

6 ‘‘(ii) POLLUTION CONTROL

7 PROJECT.—The term ‘pollution control 

8 project’ means any project or activity un9 dertaken at a stationary source (including 

10 any physical change in, or change in the 

11 method of operation of, the stationary 

12 source) or any group of projects, activities, 

13 or changes undertaken during the same 

14 outage period, that is undertaken to reduce 

15 the emission of any pollutant. 

16 ‘‘(iii) RELIABILITY PROJECT.—The 

17 term ‘reliability project’ means any project 

18 or activity undertaken at a stationary 

19 source (including any physical change in, 

20 or change in the method of operation of, 

21 the stationary source) or any group of 

22 projects, activities, or changes undertaken 

23 during the same outage period, that im24 proves the ability of the electric system— 


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1 ‘‘(I) to supply the aggregate elec2 tric power and energy requirements of 

3 electricity consumers at all times, tak4 ing into account scheduled and rea5 sonably expected unscheduled outages 

6 of system components; and 

7 ‘‘(II) to withstand sudden dis8 turbances, such as electric short cir9 cuits, the unanticipated loss of system 

10 components, or disturbances caused 

11 by manmade physical or cyber at12 tacks.’’. 

Æ 


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