I 

118TH CONGRESS 

1ST SESSION H. R. 165 

To amend sections 111, 169, and 171 of the Clean Air Act to clarify 

when a physical change in, or change in the method of operation of, 

a stationary source constitutes a modification or construction, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend sections 111, 169, and 171 of the Clean Air 

Act to clarify when a physical change in, or change 

in the method of operation of, a stationary source constitutes a modification or construction, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘New Source Review 

5 Permitting Improvement Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 165 IH

1 SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICA2 TION: EMISSION RATE INCREASES, POLLU3 TION CONTROL, EFFICIENCY, SAFETY, AND 

4 RELIABILITY PROJECTS. 

5 Paragraph (4) of section 111(a) of the Clean Air Act 

6 (42 U.S.C. 7411(a)) is amended— 

7 (1) by inserting ‘‘(A)’’ before ‘‘The term’’; 

8 (2) by inserting before the period at the end the 

9 following: ‘‘. For purposes of the preceding sentence, 

10 a change increases the amount of any air pollutant 

11 emitted by such source only if the maximum hourly 

12 emission rate of an air pollutant that is achievable 

13 by such source after the change is higher than the 

14 maximum hourly emission rate of such air pollutant 

15 that was achievable by such source during any hour 

16 in the 10-year period immediately preceding the 

17 change’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(B) Notwithstanding subparagraph (A), the 

20 term ‘modification’ does not include a change at a 

21 stationary source that is designed— 

22 ‘‘(i) to reduce the amount of any air pol23 lutant emitted by the source per unit of produc24 tion; or 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 165 IH

1 ‘‘(ii) to restore, maintain, or improve the 

2 reliability of operations at, or the safety of, the 

3 source, 

4 except, with respect to either clause (i) or (ii), when 

5 the change would be a modification as defined in 

6 subparagraph (A) and the Administrator determines 

7 that the increase in the maximum achievable hourly 

8 emission rate of a pollutant from such change would 

9 cause an adverse effect on human health or the envi10 ronment.’’. 

11 SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION 

12 FOR PREVENTION OF SIGNIFICANT DETERIO13 RATION. 

14 Subparagraph (C) of section 169(2) of the Clean Air 

15 Act (42 U.S.C. 7479(2)) is amended to read as follows: 

16 ‘‘(C) The term ‘construction’, when used in con17 nection with a major emitting facility, includes a 

18 modification (as defined in section 111(a)) at such 

19 facility, except that for purposes of this subpara20 graph a modification does not include a change at 

21 a major emitting facility that does not result in a 

22 significant emissions increase, or a significant net 

23 emissions increase, in annual actual emissions at 

24 such facility.’’. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 165 IH

1 SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICA2 TIONS AND MODIFIED FOR NONATTAINMENT 

3 AREAS. 

4 Paragraph (4) of section 171 of the Clean Air Act 

5 (42 U.S.C. 7501) is amended to read as follows: 

6 ‘‘(4) The terms ‘modifications’ and ‘modified’ 

7 mean a modification as defined in section 111(a)(4), 

8 except that such terms do not include a change at 

9 a major emitting facility that does not result in a 

10 significant emissions increase, or a significant net 

11 emissions increase, in annual actual emissions at 

12 such facility.’’. 

13 SEC. 5. RULE OF CONSTRUCTION. 

14 Nothing in this Act or the amendments made by this 

15 Act shall be construed to treat any change as a modifica16 tion for purposes of any provision of the Clean Air Act 

17 (42 U.S.C. 7401 et seq.) if such change would not have 

18 been so treated as of the day before the date of enactment 

19 of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS