New Source Review Permitting Improvement Act
New Source Review Permitting Improvement Act
Plain Language Summary
# New Source Review Permitting Improvement Act (HR 161) - Summary **What it does:** This bill would change how the EPA determines when industrial facilities need to obtain new air pollution permits. Currently, if a facility makes changes that could increase pollution emissions, it typically needs a new permit. This bill would narrow that requirement by only classifying a change as a "modification" (requiring a permit) if the facility's maximum hourly emissions would be higher than at any point during the previous 10 years.
The bill also exempts changes specifically designed to reduce pollution, improve safety, or maintain reliable operations from needing new permits. **Who it affects:** The bill primarily affects industrial facilities and power plants that modify their operations, as well as state and federal environmental agencies that review permits. Environmental advocates argue it could ease the regulatory burden on polluters, while supporters contend it reduces unnecessary red tape for companies making operational improvements. **Current status:** The bill was introduced by Representative Morgan Griffith (R-VA) in the 119th Congress and is currently in committee, meaning it has not yet been debated or voted on by the full House.
CRS Official Summary
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.
Latest Action
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.