New Source Review Permitting Improvement Act

H. Morgan Griffith

Republican · VA · Representative

Source: Congress.gov · FEC

• Julie Fedorchak (R-ND)· 2025-11-20
• Jake Ellzey (R-TX-6)· 2026-02-10
• Lauren Boebert (R-CO-4)· 2026-02-10
• August Pfluger (R-TX-11)· 2026-02-11
• Gary J. Palmer (R-AL-6)· 2026-02-11
• Chuck Edwards (R-NC-11)· 2026-02-12
• Daniel Meuser (R-PA-9)· 2026-02-12
• Erin Houchin (R-IN-9)· 2026-02-13
• Glenn Grothman (R-WI-6)· 2026-02-13
• Mike Bost (R-IL-12)· 2026-02-13
• Robert J. Wittman (R-VA-1)· 2026-02-13
• Barry Moore (R-AL-1)· 2026-02-20
• Carol D. Miller (R-WV-1)· 2026-02-20
• Diana Harshbarger (R-TN-1)· 2026-02-20
• Randy K. Weber, Sr. (R-TX-14)· 2026-02-20
• Roger Williams (R-TX-25)· 2026-02-25
• John J. McGuire III (R-VA-5)· 2026-03-09
• Rick W. Allen (R-GA-12)· 2026-03-16
• Pete Stauber (R-MN-8)· 2026-04-02
• Eric A. "Rick" Crawford (R-AR-1)· 2026-04-06
• Tim Walberg (R-MI-5)· 2026-04-09

Placed on the Union Calendar, Calendar No. 542.

2026-04-28

Source: Congress.gov

New Source Review Permitting Improvement Act This bill modifies terminology for purposes of the New Source Review (NSR) permitting program of the Environmental Protection Agency (EPA). In order for a change to a stationary source to be a modification (a change to a stationary source that increases the air pollutant emissions or results in new pollutants) for purposes of the NSR permitting program, the maximum hourly emission rate achievable by such source must be higher than the maximum hourly rate achievable by such source during any hour in the 10-year period preceding the change. A change at a stationary source is not considered to be a modification under the bill if it is designed to (1) reduce the amount of any air pollutant emitted; or (2) restore, maintain, or improve the reliability of operations at, or safety of, the source. However, such changes are not excepted if the EPA determines the increase in the maximum achievable hourly emission rate from such change would cause an adverse effect on human health or the environment. Construction , in connection with a major emitting facility (a type of stationary source), does not include a change at such a facility that does not result in a significant emissions increase or a significant net emissions increase. In relation to major emitting facilities in nonattainment areas, the terms modifications and modified do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.

Plain-English rewrite of the Congressional Research Service summary published on Congress.gov. Cached and reviewed.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 161 Reported in House (RH)] <DOC> Union Calendar No. 542 119th CONGRESS 2d Session H. R. 161 [Report No. 119-625] 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 Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce April 28, 2026 Additional sponsors: Mrs. Fedorchak, Mr. Ellzey, Ms. Boebert, Mr. Pfluger, Mr. Palmer, Mr. Meuser, Mr. Edwards, Mrs. Houchin, Mr. Bost, Mr. Grothman, Mr. Wittman, Mrs. Miller of West Virginia, Mrs. Harshbarger, Mr. Moore of Alabama, Mr. Weber of Texas, Mr. Williams of Texas, Mr. McGuire, Mr. Allen, Mr. Stauber, Mr. Crawford, and Mr. Walberg April 28, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on January 3, 2025] _______________________________________________________________________ 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 inserting before the period 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.--Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is amended to read as follows: ``(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.--Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) is amended to read as follows: ``(4) The terms `modifications' and `modified' 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.''. (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 as of the day before the date of enactment of this Act. Union Calendar No. 542 119th CONGRESS 2d Session H. R. 161 [Report No. 119-625] _______________________________________________________________________ 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. _______________________________________________________________________ April 28, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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