New Source Review Permitting Improvement Act

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. Short title This Act may be cited as the New Source Review Permitting Improvement Act 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) (1) by inserting (A) 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 (3) by adding at the end the following: (B) Notwithstanding subparagraph (A), the term modification (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. . 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) (C) The term construction . 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 (4) The terms modifications modified . 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

Summary: New Source Review Permitting Improvement Act This bill modifies terminology for purposes of the New Source Review (NSR) permitting program of the Environmental Protection Agency (EPA). In order for a change to a stationary source to be a modification (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. A change at a stationary source is not considered to be a modification 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. Construction, 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. In relation to major emitting facilities in nonattainment areas, the terms modifications and modified do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.