Title: A bill to amend 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 excludes energy efficiency projects, pollution control projects, and reliability projects from the new source review process, which requires stationary sources of air pollution to get approval before construction or modification.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2104 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2104

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


_______________________________________________________________________


                   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 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)(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) Exclusion.--The term `modification' does not 
                include any energy efficiency project, pollution 
                control project, or reliability project.
                    ``(C) Associated definitions.--For purposes of 
                subparagraph (B):
                            ``(i) Energy efficiency project.--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, the stationary 
                        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 stationary source is lower 
                                than that rate was immediately before 
                                the project or activity, or the group 
                                of projects, activities, or changes, 
                                was undertaken; and
                                    ``(II) after which the maximum 
                                hourly emission rate for any other 
                                regulated pollutant is not more than 
                                either the facility-wide or unit-
                                specific permitted emission rate.
                            ``(ii) Pollution control project.--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, the stationary 
                        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.
                            ``(iii) Reliability project.--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, the stationary 
                        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 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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