Title: A bill to amend 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, and for other purposes.
Policy area: Environmental Protection

Summary:
This bill revises the determination of when changes to a stationary source, or the operation of such source, are classified as a modification for purposes of New Source Review permitting requirements.
Specifically, the bill provides that a modification of a stationary source results in an increase in air pollution only when the maximum achievable hourly emissions rate from the source is higher than (1) the rate of the source as it was originally designed, and (2) the rate that was actually achieved during the 10 years before the change.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2105 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2105

  To amend 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, and for other purposes.


_______________________________________________________________________


                   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 clarify when a physical change in, or 
change in the method of operation of, a stationary source constitutes a 
                 modification, 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. CLARIFICATION OF DEFINITION OF MODIFICATION.

    Section 111(a)(4) of the Clean Air Act (42 U.S.C. 7411(a)(4)) is 
amended--
            (1) by striking ``(4) The term `modification' means'' and 
        inserting the following:
            ``(4) Modification.--
                    ``(A) In general.--The term `modification' means''; 
                and
            (2) by adding at the end the following:
                    ``(B) Associated definition.--For purposes of 
                subparagraph (A), a physical change in, or change in 
                the method of operation of, a stationary source shall 
                be considered to increase the amount of any air 
                pollutant emitted by the stationary source only if the 
                maximum achievable hourly emissions rate of the 
                stationary source after the change will be higher 
                than--
                            ``(i) the maximum achievable hourly 
                        emissions rate of the stationary source as the 
                        stationary source was originally designed; and
                            ``(ii) the maximum hourly emissions rate of 
                        the stationary source that was actually 
                        achieved during the 10-year period preceding 
                        the change.''.
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