New Source Review Permitting Improvement Act

Bill: 118-hr-165
Sponsor: full_name: Rep. Griffith, H. Morgan [R-VA-9]
Introduced: 2023-01-09
Policy area: Environmental Protection
Subjects: Air quality

Building construction

Environmental assessment, monitoring, research

Environmental regulatory procedures

Licensing and registrations

Pollution liability
Latest action: action_date: 2023-01-20
text: Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.

Summaries:
action_date: 2023-01-09
action_desc: Introduced in House
text: <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>

tv_txt: I 118th CONGRESS 1st Session H. R. 165 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.

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) ) 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. . 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. . 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. . 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.