New Source Review Permitting Improvement Act

Subjects: Environmental Protection, Air quality, Building construction, Environmental assessment, monitoring, research, Environmental regulatory procedures, Licensing and registrations, Pollution liability

Summary:  <p><b>New Source Review Permitting Improvement Act</b> </p> <p>This bill modifies terminology for purposes of the New Source Review (NSR) permitting program of the Environmental Protection Agency (EPA).</p> <p>In order for a change to a stationary source to be a <i>modification</i> (a change to a stationary source that increases the air pollutant emissions or results in new pollutants) for purposes of the NSR permitting program, the maximum hourly emission rate achievable by such source must be higher than the maximum hourly rate achievable by such source during any hour in the 10-year period preceding the change.</p> <p>A change at a stationary source is not considered to be a <i>modification</i> under the bill if it is designed to (1) reduce the amount of any air pollutant emitted; or (2) restore, maintain, or improve the reliability of operations at, or safety of, the source. However, such changes are not excepted if the EPA determines the increase in the maximum achievable hourly emission rate from such change would cause an adverse effect on human health or the environment.</p> <p><i>Construction</i>, in connection with a major emitting facility (a type of stationary source), does not include a change at such a facility that does not result in a significant emissions increase or a significant net emissions increase.</p> <p>In relation to major emitting facilities in nonattainment areas, the terms <i>modifications </i>and <i>modified</i> do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Source Review Permitting 
Improvement Act''.

SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICATION: EMISSION RATE 
              INCREASES, POLLUTION CONTROL, EFFICIENCY, SAFETY, AND 
              RELIABILITY PROJECTS.

    Paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C. 
7411(a)) is amended--
            (1) by inserting ``(A)'' before ``The term'';
            (2) by inserting before the period at the end the 
        following: ``. For purposes of the preceding sentence, a change 
        increases the amount of any air pollutant emitted by such 
        source only if the maximum hourly emission rate of an air 
        pollutant that is achievable by such source after the change is 
        higher than the maximum hourly emission rate of such air 
        pollutant that was achievable by such source during any hour in 
        the 10-year period immediately preceding the change''; and
            (3) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), the term 
        `modification' does not include a change at a stationary source 
        that is designed--
                    ``(i) to reduce the amount of any air pollutant 
                emitted by the source per unit of production; or
                    ``(ii) to restore, maintain, or improve the 
                reliability of operations at, or the safety of, the 
                source,
        except, with respect to either clause (i) or (ii), when the 
        change would be a modification as defined in subparagraph (A) 
        and the Administrator determines that the increase in the 
        maximum achievable hourly emission rate of a pollutant from 
        such change would cause an adverse effect on human health or 
        the environment.''.

SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION FOR PREVENTION OF 
              SIGNIFICANT DETERIORATION.

    Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C. 
7479(2)) is amended to read as follows:
            ``(C) The term `construction', when used in connection with 
        a major emitting facility, includes a modification (as defined 
        in section 111(a)) at such facility, except that for purposes 
        of this subparagraph a modification does not include a change 
        at a major emitting facility that does not result in a 
        significant emissions increase, or a significant net emissions 
        increase, in annual actual emissions at such facility.''.

SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICATIONS AND MODIFIED FOR 
              NONATTAINMENT AREAS.

    Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) 
is amended to read as follows:
            ``(4) The terms `modifications' and `modified' mean a 
        modification as defined in section 111(a)(4), except that such 
        terms do not include a change at a major emitting facility that 
        does not result in a significant emissions increase, or a 
        significant net emissions increase, in annual actual emissions 
        at such facility.''.

SEC. 5. RULE OF CONSTRUCTION.

     Nothing in this Act or the amendments made by this Act shall be 
construed to treat any change as a modification for purposes of any 
provision of the Clean Air Act (42 U.S.C. 7401 et seq.) if such change 
would not have been so treated as of the day before the date of 
enactment of this Act.
                                 &lt;all&gt;
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