What This Bill Does
This bill amends the Clean Air Act to clarify when changes at industrial facilities count as a "modification" that requires permits. The bill specifies that certain changes designed to reduce pollution, improve safety, or maintain reliable operations do not always trigger modification rules.
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Who It Affects
* Stationary sources (industrial facilities that emit air pollution)
* The Environmental Protection Agency (EPA) Administrator
* Major emitting facilities (large industrial plants)
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Key Provisions
* Changes at industrial facilities that increase pollution only count as modifications if the maximum hourly pollution emission rate after the change is higher than the highest hourly rate achieved during the 10 years before the change (Sec. 2)
* Changes designed to reduce pollution per unit of production or to restore, maintain, or improve safety and reliability do not count as modifications unless the EPA Administrator determines the change would harm human health or the environment (Sec. 2)
* Modifications at major emitting facilities do not count as "construction" if they do not result in significant increases in annual actual emissions (Sec. 3)
* Modifications at major emitting facilities in areas with pollution problems do not count if they do not result in significant increases in annual actual emissions (Sec. 4)
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What Changes
If this becomes law, industrial facilities may avoid requiring new pollution permits for certain changes related to pollution reduction, safety improvements, and operational reliability. The rules for determining when a change requires a new permit become clearer by using the previous 10-year emission rate as the comparison point.
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Important Definitions
* Modification: a physical change or change in method of operation at an industrial facility
* Stationary source: an industrial facility that emits air pollutants
* Construction: includes modifications at major emitting facilities (with exceptions for changes that do not increase emissions significantly)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 165
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 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 con-
stitutes a modification or construction, 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. SHORT TITLE.
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This Act may be cited as the ‘‘New Source Review
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Permitting Improvement Act’’.
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•HR 165 IH
SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICA-
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TION: EMISSION RATE INCREASES, POLLU-
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TION CONTROL, EFFICIENCY, SAFETY, AND
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RELIABILITY PROJECTS.
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Paragraph (4) of section 111(a) of the Clean Air Act
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(42 U.S.C. 7411(a)) is amended—
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(1) by inserting ‘‘(A)’’ before ‘‘The term’’;
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(2) by inserting before the period at the end the
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following: ‘‘. For purposes of the preceding sentence,
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a change increases the amount of any air pollutant
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emitted by such source only if the maximum hourly
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emission rate of an air pollutant that is achievable
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by such source after the change is higher than the
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maximum hourly emission rate of such air pollutant
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that was achievable by such source during any hour
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in the 10-year period immediately preceding the
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change’’; and
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(3) by adding at the end the following:
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‘‘(B) Notwithstanding subparagraph (A), the
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term ‘modification’ does not include a change at a
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stationary source that is designed—
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‘‘(i) to reduce the amount of any air pol-
22
lutant emitted by the source per unit of produc-
23
tion; or
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•HR 165 IH
‘‘(ii) to restore, maintain, or improve the
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reliability of operations at, or the safety of, the
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source,
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except, with respect to either clause (i) or (ii), when
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the change would be a modification as defined in
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subparagraph (A) and the Administrator determines
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that the increase in the maximum achievable hourly
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emission rate of a pollutant from such change would
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cause an adverse effect on human health or the envi-
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ronment.’’.
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SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION
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FOR PREVENTION OF SIGNIFICANT DETERIO-
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RATION.
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Subparagraph (C) of section 169(2) of the Clean Air
14
Act (42 U.S.C. 7479(2)) is amended to read as follows:
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‘‘(C) The term ‘construction’, when used in con-
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nection with a major emitting facility, includes a
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modification (as defined in section 111(a)) at such
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facility, except that for purposes of this subpara-
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graph a modification does not include a change at
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a major emitting facility that does not result in a
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significant emissions increase, or a significant net
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emissions increase, in annual actual emissions at
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such facility.’’.
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•HR 165 IH
SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICA-
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TIONS AND MODIFIED FOR NONATTAINMENT
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AREAS.
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Paragraph (4) of section 171 of the Clean Air Act
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(42 U.S.C. 7501) is amended to read as follows:
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‘‘(4) The terms ‘modifications’ and ‘modified’
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mean a modification as defined in section 111(a)(4),
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except that such terms do not include a change at
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a major emitting facility that does not result in a
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significant emissions increase, or a significant net
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emissions increase, in annual actual emissions at
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such facility.’’.
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SEC. 5. RULE OF CONSTRUCTION.
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Nothing in this Act or the amendments made by this
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Act shall be construed to treat any change as a modifica-
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tion for purposes of any provision of the Clean Air Act
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(42 U.S.C. 7401 et seq.) if such change would not have
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been so treated as of the day before the date of enactment
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of this Act.
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Æ
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