S. 5363

119 S5363 IS: New Source Review Permitting Improvement Act
 U.S. Senate
 2026-08-07
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 EN
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 II  119th CONGRESS  2d Session  S. 5363  IN THE SENATE OF THE UNITED STATES   August 7, 2026   Mr. Husted  (for himself and  Ms. Lummis ) introduced the following bill; which was read twice and referred to the  Committee on Environment and Public Works    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.
1.
Short title
This Act may be cited as the   New Source Review Permitting Improvement Act  .
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 adding 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.
 .
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
Section 169(2) of the Clean Air Act ( 42 U.S.C. 7479(2) ) is amended by striking subparagraph (C) and inserting the following:
(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.
 .
4.
Clarification of definition of modifications and modified and applicability to construction for nonattainment areas
(a)
Definition
Section 171 of the Clean Air Act ( 42 U.S.C. 7501 ) is amended by striking paragraph (4) and inserting the following:
(4)
The terms  modifications  and  modified  mean a modification as defined in section 111(a), 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.
 .
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 on the day before the date of enactment of this Act.