[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 161 Reported in House (RH)]
<DOC>
Union Calendar No. 542
119th CONGRESS
2d Session
H. R. 161
[Report No. 119-625]
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 3, 2025
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
April 28, 2026
Additional sponsors: Mrs. Fedorchak, Mr. Ellzey, Ms. Boebert, Mr.
Pfluger, Mr. Palmer, Mr. Meuser, Mr. Edwards, Mrs. Houchin, Mr. Bost,
Mr. Grothman, Mr. Wittman, Mrs. Miller of West Virginia, Mrs.
Harshbarger, Mr. Moore of Alabama, Mr. Weber of Texas, Mr. Williams of
Texas, Mr. McGuire, Mr. Allen, Mr. Stauber, Mr. Crawford, and Mr.
Walberg
April 28, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
3, 2025]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Source Review Permitting
Improvement Act''.
SEC. 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.''.
SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION AND APPLICABILITY
OF PRECONSTRUCTION REQUIREMENTS FOR PREVENTION OF
SIGNIFICANT DETERIORATION.
(a) Applicability to Construction Activities.--Section 165 of the
Clean Air Act (42 U.S.C. 7475) is amended by adding at the end the
following:
``(f) Applicability to Construction.--
``(1) In general.--The requirements of subsection (a) that
apply with respect to authorizing construction of a major
emitting facility shall apply only with respect to construction
that involves physical construction of the discrete parts of an
emissions unit at a major emitting facility, regardless of
whether the construction involves other physical on-site
activities at the major emitting facility, including any such
other physical on-site activity that--
``(A) may be costly;
``(B) may significantly alter the site;
``(C) is permanent in nature; or
``(D) is to accommodate an installation to an
emissions unit.
``(2) Definition of emissions unit.--In this subsection,
the term `emissions unit' means any part of a stationary source
that emits, or has the potential to emit, any air pollutant
that is regulated under this title.''.
(b) Definition.--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.''.
SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICATIONS AND MODIFIED AND
APPLICABILITY TO CONSTRUCTION FOR NONATTAINMENT AREAS.
(a) Definition.--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.''.
(b) Applicability to Construction.--Section 172(c)(5) of the Clean
Air Act (42 U.S.C. 7502(c)(5)) is amended by adding at the end the
following: ``The construction for which a permit is required under this
paragraph is construction that involves physical construction of the
discrete parts of an emissions unit (as defined in section 165(f)(2))
at a major stationary source, regardless of whether the construction
involves other physical on-site activities at the major stationary
source, including any such other physical on-site activity that--
``(A) may be costly;
``(B) may significantly alter the site;
``(C) is permanent in nature; or
``(D) is to accommodate an installation to an
emissions unit.''.
SEC. 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.
Union Calendar No. 542
119th CONGRESS
2d Session
H. R. 161
[Report No. 119-625]
_______________________________________________________________________
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.
_______________________________________________________________________
April 28, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed