Title: To amend section 111 of the Clean Air Act to exclude energy efficiency projects, pollution control projects, and reliability projects from the definition of a modification.
Policy area: Environmental Protection

Summary:
This bill amends the Clean Air Act to exclude energy efficiency projects, pollution control projects, and reliability projects from the new source review process (requiring stationary sources of air pollution to get approval before construction or modification).

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3127

To amend section 111 of the Clean Air Act to exclude energy efficiency 
projects, pollution control projects, and reliability projects from the 
                     definition of a modification.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2017

   Mr. Griffith (for himself, Mr. McKinley, and Mr. Jenkins of West 
  Virginia) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend section 111 of the Clean Air Act to exclude energy efficiency 
projects, pollution control projects, and reliability projects from the 
                     definition of a modification.

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

SECTION 1. EXCLUSION OF ENERGY EFFICIENCY PROJECTS, POLLUTION CONTROL 
              PROJECTS, AND RELIABILITY PROJECTS FROM THE DEFINITION OF 
              A MODIFICATION.

    Section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)) is 
amended--
            (1) in paragraph (4)--
                    (A) by striking ``The term `modification' means'' 
                and inserting the following: ``The term 
                `modification'--
                    ``(A) means'';
                    (B) by striking the period at the end of the 
                paragraph and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) excludes any energy efficiency project, 
                pollution control project, or reliability project.''; 
                and
            (2) by adding at the end the following:
            ``(9) For purposes of paragraph (4)(B):
                    ``(A) The term `energy efficiency project' means 
                any project or activity undertaken at a stationary 
                source (including any physical change in, or change in 
                the method of operation of, such source) or any group 
                of projects, activities, or changes undertaken during 
                the same outage period--
                            ``(i) as a result of which the maximum 
                        hourly carbon dioxide emissions rate of the 
                        source is lower than it was immediately before 
                        such project or activity, or such group of 
                        projects, activities, or changes, was 
                        undertaken; and
                            ``(ii) after which the maximum hourly 
                        emission rate for any other regulated pollutant 
                        is no more than either the facility-wide or 
                        unit-specific permitted emission rate.
                    ``(B) The term `pollution control project' means 
                any project or activity undertaken at a stationary 
                source (including any physical change in, or change in 
                the method of operation of, such source) or any group 
                of projects, activities, or changes undertaken during 
                the same outage period, that is undertaken to reduce 
                the emission of any pollutant.
                    ``(C) The term `reliability project' means any 
                project or activity undertaken at a stationary source 
                (including any physical change in, or change in the 
                method of operation of, such source) or any group of 
                projects, activities, or changes undertaken during the 
                same outage period, that improves the ability of the 
                electric system--
                            ``(i) to supply the aggregate electric 
                        power and energy requirements of the 
                        electricity consumers at all times, taking into 
                        account scheduled and reasonably expected 
                        unscheduled outages of system components; and
                            ``(ii) to withstand sudden disturbances 
                        such as electric short circuits, the 
                        unanticipated loss of system components, or 
                        disturbances caused by manmade physical or 
                        cyber attacks.''.
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