US Codex
Bill
Notes

H.R. 161 — what changed

New Source Review Permitting Improvement Act

From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.

Sec. 3 Clarification of definition of construction and applicability of preconstruction requirements for prevention of significant deterioration

(a)
added 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:

added “(f) Applicability to construction

added “(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—

added “(A) may be costly;

added “(B) may significantly alter the site;

added “(C) is permanent in nature; or

added “(D) is to accommodate an installation to an emissions unit.

added “(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)
added Definition— Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is amended to read as follows:

added “(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.”

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

removed “(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)
added Definition— Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) is amended to read as follows:

added “(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)
added 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:

added “(A) may be costly;

added “(B) may significantly alter the site;

added “(C) is permanent in nature; or

added “(D) is to accommodate an installation to an emissions unit.”

removed Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) is amended to read as follows:

removed “(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.”