---
kind: "diff"
citation: "H.R. 161"
bill: "119-hr-161"
heading: "New Source Review Permitting Improvement Act"
from: "ih"
from_label: "Introduced in House"
to: "rh"
to_label: "Reported in House"
sections_amended: 2
sections_added: 0
sections_removed: 0
url: "https://uscodex.org/bills/119/hr/161/changes/rh"
---
# H.R. 161 — what changed
H.R. 161, New Source Review Permitting Improvement Act — 2 sections amended between Introduced in House and Reported in House.
Edits are marked `struck` and `inserted`.
## 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.”
- 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:
- “(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.”
- 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.”