[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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