[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5363 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5363

  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 SENATE OF THE UNITED STATES

                             August 7, 2026

Mr. Husted (for himself and Ms. Lummis) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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 adding 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.--Section 169(2) of the Clean Air Act (42 U.S.C. 
7479(2)) is amended by striking subparagraph (C) and inserting the 
following:
            ``(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.--Section 171 of the Clean Air Act (42 U.S.C. 7501) 
is amended by striking paragraph (4) and inserting the following:
            ``(4) The terms `modifications' and `modified' mean a 
        modification as defined in section 111(a), 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 on the day before the date of enactment 
of this Act.
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