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II
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 modifica-
tion, 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. CLARIFICATION OF DEFINITION OF MODIFICA-
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TION.
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Section 111(a)(4) of the Clean Air Act (42 U.S.C.
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7411(a)(4)) is amended—
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(1) by striking ‘‘(4) The term ‘modification’
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means’’ and inserting the following:
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•S 2105 IS
‘‘(4) MODIFICATION.—
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‘‘(A) IN GENERAL.—The term ‘modifica-
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tion’ means’’; and
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(2) by adding at the end the following:
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‘‘(B) ASSOCIATED DEFINITION.—For pur-
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poses of subparagraph (A), a physical change
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in, or change in the method of operation of, a
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stationary source shall be considered to increase
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the amount of any air pollutant emitted by the
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stationary source only if the maximum achiev-
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able hourly emissions rate of the stationary
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source after the change will be higher than—
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‘‘(i) the maximum achievable hourly
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emissions rate of the stationary source as
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the stationary source was originally de-
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signed; and
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‘‘(ii) the maximum hourly emissions
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rate of the stationary source that was ac-
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tually achieved during the 10-year period
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preceding the change.’’.
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Æ
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