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Narrows when plant upgrades trigger Clean Air Act permitting. It excludes projects that reduce pollution per unit of production or improve reliability or safety from being treated as “modifications” under performance standards. For major facilities, only changes that cause a significant increase in a facility’s annual actual emissions would count as “construction” or “modification” for permitting. It keeps prior practice from expanding: nothing new will be treated as a modification that wasn’t the day before enactment. The goal is to ease efficiency, reliability, and safety projects while focusing permitting on changes that significantly raise total yearly emissions.
Amend paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)). The amendment is shown as three numbered subactions: (1), (2), and (3).
Subaction (1): the text indicates insertion of material before an existing semicolon, but the actual text to be inserted is not provided in this section excerpt.
Subaction (2): the text indicates insertion of material before the period at the end of the paragraph, but the actual text to be inserted is not provided in this section excerpt.
Add new subparagraph (B): Clarifies that, 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.
Amend subparagraph (C) of section 169(2) of the Clean Air Act to read as provided in the bill text (text shown below).
Owners and operators of power plants, refineries, and industrial facilities would face fewer permitting triggers for projects aimed at improving efficiency, reliability, or safety, unless those projects cause significant increases in annual actual emissions. This can lower compliance costs, shorten timelines, and encourage maintenance or efficiency upgrades. State permitting authorities and EPA will adjust guidance and implementation to reflect the clarified definitions, likely resulting in fewer NSR reviews where emissions do not significantly rise. Local communities could see mixed effects: faster completion of safety and reliability work, but concerns where efficiency projects increase utilization and total annual emissions—those cases would still trigger review if significant. Environmental advocates will scrutinize how “significant” and “annual actual emissions” are applied and documented. Overall, the bill narrows when upgrades trigger NSPS/NSR while preserving review for projects that materially increase yearly emissions.
Adds a new subparagraph (B) to paragraph (4) of subsection (a) clarifying that the term 'modification' does not include certain changes at a stationary source that are designed to reduce pollutant emissions per unit of production or to restore, maintain, or improve reliability or safety of the source.
Amends paragraph (4) of section 171 to define the terms 'modifications' and 'modified' as a modification per section 111(a)(4), and to state that those 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.
Amends subparagraph (C) to define the term "construction", when used in connection with a major emitting facility, to include 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.
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Referred to the Subcommittee on Environment.
Introduced January 3, 2025 by H. Morgan Griffith · Last progress January 3, 2025
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
Committee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Subcommittee Consideration and Mark-up Session Held