H.R. 161

119th CONGRESS 1st Session

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 · Sponsor: Mr. Griffith · Committee: Committee on Energy and Commerce

SEC. 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 () is amended— 42 U.S.C. 7411(a)
- by inserting before ;
- by inserting before the period at the end the following: ; and
- by adding at the end the following:

SEC. 3. Clarification of definition of construction for prevention of significant deterioration

Subparagraph (C) of section 169(2) of the Clean Air Act () is amended to read as follows: 42 U.S.C. 7479(2)
- The term , 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. construction

SEC. 4. Clarification of definition of modifications and modified for nonattainment areas

Paragraph (4) of section 171 of the Clean Air Act () is amended to read as follows: 42 U.S.C. 7501
- The terms and 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. modifications,modified

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 () if such change would not have been so treated as of the day before the date of enactment of this Act. 42 U.S.C. 7401 et seq.