New Source Review Permitting Improvement Act

I 117TH CONGRESS 1ST SESSION H. R. 245 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2021 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 con- stitutes a modification or construction, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘New Source Review 4 Permitting Improvement Act’’. 5 VerDate Sep 11 2014 22:44 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H245.IH H245 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 245 IH SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICA- 1 TION: EMISSION RATE INCREASES, POLLU- 2 TION CONTROL, EFFICIENCY, SAFETY, AND 3 RELIABILITY PROJECTS. 4 Paragraph (4) of section 111(a) of the Clean Air Act 5 (42 U.S.C. 7411(a)) is amended— 6 (1) by inserting ‘‘(A)’’ before ‘‘The term’’; 7 (2) by inserting before the period at the end the 8 following: ‘‘. For purposes of the preceding sentence, 9 a change increases the amount of any air pollutant 10 emitted by such source only if the maximum hourly 11 emission rate of an air pollutant that is achievable 12 by such source after the change is higher than the 13 maximum hourly emission rate of such air pollutant 14 that was achievable by such source during any hour 15 in the 10-year period immediately preceding the 16 change’’; and 17 (3) by adding at the end the following: 18 ‘‘(B) Notwithstanding subparagraph (A), the 19 term ‘modification’ does not include a change at a 20 stationary source that is designed— 21 ‘‘(i) to reduce the amount of any air pol- 22 lutant emitted by the source per unit of produc- 23 tion; or 24 VerDate Sep 11 2014 22:44 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H245.IH H245 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 245 IH ‘‘(ii) to restore, maintain, or improve the 1 reliability of operations at, or the safety of, the 2 source, 3 except, with respect to either clause (i) or (ii), when 4 the change would be a modification as defined in 5 subparagraph (A) and the Administrator determines 6 that the increase in the maximum achievable hourly 7 emission rate of a pollutant from such change would 8 cause an adverse effect on human health or the envi- 9 ronment.’’. 10 SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION 11 FOR PREVENTION OF SIGNIFICANT DETERIO- 12 RATION. 13 Subparagraph (C) of section 169(2) of the Clean Air 14 Act (42 U.S.C. 7479(2)) is amended to read as follows: 15 ‘‘(C) The term ‘construction’, when used in con- 16 nection with a major emitting facility, includes a 17 modification (as defined in section 111(a)) at such 18 facility, except that for purposes of this subpara- 19 graph a modification does not include a change at 20 a major emitting facility that does not result in a 21 significant emissions increase, or a significant net 22 emissions increase, in annual actual emissions at 23 such facility.’’. 24 VerDate Sep 11 2014 22:44 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H245.IH H245 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 245 IH SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICA- 1 TIONS AND MODIFIED FOR NONATTAINMENT 2 AREAS. 3 Paragraph (4) of section 171 of the Clean Air Act 4 (42 U.S.C. 7501) is amended to read as follows: 5 ‘‘(4) The terms ‘modifications’ and ‘modified’ 6 mean a modification as defined in section 111(a)(4), 7 except that such terms do not include a change at 8 a major emitting facility that does not result in a 9 significant emissions increase, or a significant net 10 emissions increase, in annual actual emissions at 11 such facility.’’. 12 SEC. 5. RULE OF CONSTRUCTION. 13 Nothing in this Act or the amendments made by this 14 Act shall be construed to treat any change as a modifica- 15 tion for purposes of any provision of the Clean Air Act 16 (42 U.S.C. 7401 et seq.) if such change would not have 17 been so treated as of the day before the date of enactment 18 of this Act. 19 Æ VerDate Sep 11 2014 22:44 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H245.IH H245 kjohnson on DSK79L0C42PROD with BILLS