Us Congress 2025-2026 Regular Session

Us Congress House Bill HB161 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 161
5	5	To amend sections 111, 169, and 171 of the Clean Air Act to clarify
6	6	when a physical change in, or change in the method of operation of,
7	7	a stationary source constitutes a modification or construction, and for
8	8	other purposes.
9	9	IN THE HOUSE OF REPRESENTATIVES
10	10	JANUARY3, 2025
11	11	Mr. G
12	12	RIFFITHintroduced the following bill; which was referred to the
13	13	Committee on Energy and Commerce
14	14	A BILL
15	15	To amend sections 111, 169, and 171 of the Clean Air
16	16	Act to clarify when a physical change in, or change
17	17	in the method of operation of, a stationary source con-
18	18	stitutes a modification or construction, and for other
19	19	purposes.
20	20	Be it enacted by the Senate and House of Representa-1
21	21	tives of the United States of America in Congress assembled, 2
22	22	SECTION 1. SHORT TITLE. 3
23	23	This Act may be cited as the ‘‘New Source Review 4
24	24	Permitting Improvement Act’’. 5
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27	27	•HR 161 IH
28	28	SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICA-1
29	29	TION: EMISSION RATE INCREASES, POLLU-2
30	30	TION CONTROL, EFFICIENCY, SAFETY, AND 3
31	31	RELIABILITY PROJECTS. 4
32	32	Paragraph (4) of section 111(a) of the Clean Air Act 5
33	33	(42 U.S.C. 7411(a)) is amended— 6
34	34	(1) by inserting ‘‘(A)’’ before ‘‘The term’’; 7
35	35	(2) by inserting before the period at the end the 8
36	36	following: ‘‘. For purposes of the preceding sentence, 9
37	37	a change increases the amount of any air pollutant 10
38	38	emitted by such source only if the maximum hourly 11
39	39	emission rate of an air pollutant that is achievable 12
40	40	by such source after the change is higher than the 13
41	41	maximum hourly emission rate of such air pollutant 14
42	42	that was achievable by such source during any hour 15
43	43	in the 10-year period immediately preceding the 16
44	44	change’’; and 17
45	45	(3) by adding at the end the following: 18
46	46	‘‘(B) Notwithstanding subparagraph (A), the 19
47	47	term ‘modification’ does not include a change at a 20
48	48	stationary source that is designed— 21
49	49	‘‘(i) to reduce the amount of any air pol-22
50	50	lutant emitted by the source per unit of produc-23
51	51	tion; or 24
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54	54	•HR 161 IH
55	55	‘‘(ii) to restore, maintain, or improve the 1
56	56	reliability of operations at, or the safety of, the 2
57	57	source, 3
58	58	except, with respect to either clause (i) or (ii), when 4
59	59	the change would be a modification as defined in 5
60	60	subparagraph (A) and the Administrator determines 6
61	61	that the increase in the maximum achievable hourly 7
62	62	emission rate of a pollutant from such change would 8
63	63	cause an adverse effect on human health or the envi-9
64	64	ronment.’’. 10
65	65	SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION 11
66	66	FOR PREVENTION OF SIGNIFICANT DETERIO-12
67	67	RATION. 13
68	68	Subparagraph (C) of section 169(2) of the Clean Air 14
69	69	Act (42 U.S.C. 7479(2)) is amended to read as follows: 15
70	70	‘‘(C) The term ‘construction’, when used in con-16
71	71	nection with a major emitting facility, includes a 17
72	72	modification (as defined in section 111(a)) at such 18
73	73	facility, except that for purposes of this subpara-19
74	74	graph a modification does not include a change at 20
75	75	a major emitting facility that does not result in a 21
76	76	significant emissions increase, or a significant net 22
77	77	emissions increase, in annual actual emissions at 23
78	78	such facility.’’. 24
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81	81	•HR 161 IH
82	82	SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICA-1
83	83	TIONS AND MODIFIED FOR NONATTAINMENT 2
84	84	AREAS. 3
85	85	Paragraph (4) of section 171 of the Clean Air Act 4
86	86	(42 U.S.C. 7501) is amended to read as follows: 5
87	87	‘‘(4) The terms ‘modifications’ and ‘modified’ 6
88	88	mean a modification as defined in section 111(a)(4), 7
89	89	except that such terms do not include a change at 8
90	90	a major emitting facility that does not result in a 9
91	91	significant emissions increase, or a significant net 10
92	92	emissions increase, in annual actual emissions at 11
93	93	such facility.’’. 12
94	94	SEC. 5. RULE OF CONSTRUCTION. 13
95	95	Nothing in this Act or the amendments made by this 14
96	96	Act shall be construed to treat any change as a modifica-15
97	97	tion for purposes of any provision of the Clean Air Act 16
98	98	(42 U.S.C. 7401 et seq.) if such change would not have 17
99	99	been so treated as of the day before the date of enactment 18
100	100	of this Act. 19
101	101	Æ
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