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New Source Review Permitting Improvement Act

USA119th CongressHR-161| House 
| Updated: 1/21/2026
H. Morgan Griffith

H. Morgan Griffith

Republican Representative

Virginia

Cosponsors (18)
Diana Harshbarger (Republican)Barry Moore (Republican)Rick W. Allen (Republican)Robert J. Wittman (Republican)Daniel Meuser (Republican)Carol D. Miller (Republican)Jake Ellzey (Republican)Roger Williams (Republican)Glenn Grothman (Republican)August Pfluger (Republican)Lauren Boebert (Republican)Gary J. Palmer (Republican)Mike Bost (Republican)John J. McGuire (Republican)Randy K. Sr. Weber (Republican)Chuck Edwards (Republican)Erin Houchin (Republican)Julie Fedorchak (Republican)

Environment Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill amends the Clean Air Act to clarify when physical or operational changes at stationary sources constitute a "modification" or "construction" under New Source Review permitting requirements. It redefines an emission increase for modification purposes, specifying that it occurs only if the maximum hourly emission rate achievable after a change is higher than the maximum hourly rate during any hour in the preceding 10 years. The bill also exempts certain projects from being considered a modification, including those designed to reduce emissions per unit of production or to restore, maintain, or improve reliability or safety of operations. These exemptions apply unless the Administrator determines an increase in the maximum achievable hourly emission rate would cause an adverse effect on human health or the environment. For Prevention of Significant Deterioration (PSD) and nonattainment areas, the bill clarifies that a change at a major emitting facility is not considered construction or a modification if it does not result in a significant emissions increase or a significant net emissions increase in annual actual emissions . This aims to streamline the permitting process by narrowing the scope of changes that trigger New Source Review requirements.
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Timeline

Bill from Previous Congress

HR 116-172
New Source Review Permitting Improvement Act of 2018

Bill from Previous Congress

HR 117-245
New Source Review Permitting Improvement Act

Bill from Previous Congress

HR 118-165
New Source Review Permitting Improvement Act
Jan 3, 2025
Introduced in House
Jan 3, 2025
Referred to the Subcommittee on Environment.
Jan 3, 2025
Referred to the House Committee on Energy and Commerce.
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Dec 10, 2025
Subcommittee Consideration and Mark-up Session Held
Jan 21, 2026
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
  • Bill from Previous Congress

    HR 116-172
    New Source Review Permitting Improvement Act of 2018


  • Bill from Previous Congress

    HR 117-245
    New Source Review Permitting Improvement Act


  • Bill from Previous Congress

    HR 118-165
    New Source Review Permitting Improvement Act


  • January 3, 2025
    Introduced in House


  • January 3, 2025
    Referred to the Subcommittee on Environment.


  • January 3, 2025
    Referred to the House Committee on Energy and Commerce.


  • December 10, 2025
    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.


  • December 10, 2025
    Subcommittee Consideration and Mark-up Session Held


  • January 21, 2026
    Committee Consideration and Mark-up Session Held


  • January 21, 2026
    Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.

Environmental Protection

Air qualityBuilding constructionEnvironmental assessment, monitoring, researchEnvironmental regulatory proceduresLicensing and registrationsPollution liability

New Source Review Permitting Improvement Act

USA119th CongressHR-161| House 
| Updated: 1/21/2026
This bill amends the Clean Air Act to clarify when physical or operational changes at stationary sources constitute a "modification" or "construction" under New Source Review permitting requirements. It redefines an emission increase for modification purposes, specifying that it occurs only if the maximum hourly emission rate achievable after a change is higher than the maximum hourly rate during any hour in the preceding 10 years. The bill also exempts certain projects from being considered a modification, including those designed to reduce emissions per unit of production or to restore, maintain, or improve reliability or safety of operations. These exemptions apply unless the Administrator determines an increase in the maximum achievable hourly emission rate would cause an adverse effect on human health or the environment. For Prevention of Significant Deterioration (PSD) and nonattainment areas, the bill clarifies that a change at a major emitting facility is not considered construction or a modification if it does not result in a significant emissions increase or a significant net emissions increase in annual actual emissions . This aims to streamline the permitting process by narrowing the scope of changes that trigger New Source Review requirements.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-172
New Source Review Permitting Improvement Act of 2018

Bill from Previous Congress

HR 117-245
New Source Review Permitting Improvement Act

Bill from Previous Congress

HR 118-165
New Source Review Permitting Improvement Act
Jan 3, 2025
Introduced in House
Jan 3, 2025
Referred to the Subcommittee on Environment.
Jan 3, 2025
Referred to the House Committee on Energy and Commerce.
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Dec 10, 2025
Subcommittee Consideration and Mark-up Session Held
Jan 21, 2026
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
  • Bill from Previous Congress

    HR 116-172
    New Source Review Permitting Improvement Act of 2018


  • Bill from Previous Congress

    HR 117-245
    New Source Review Permitting Improvement Act


  • Bill from Previous Congress

    HR 118-165
    New Source Review Permitting Improvement Act


  • January 3, 2025
    Introduced in House


  • January 3, 2025
    Referred to the Subcommittee on Environment.


  • January 3, 2025
    Referred to the House Committee on Energy and Commerce.


  • December 10, 2025
    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.


  • December 10, 2025
    Subcommittee Consideration and Mark-up Session Held


  • January 21, 2026
    Committee Consideration and Mark-up Session Held


  • January 21, 2026
    Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
H. Morgan Griffith

H. Morgan Griffith

Republican Representative

Virginia

Cosponsors (18)
Diana Harshbarger (Republican)Barry Moore (Republican)Rick W. Allen (Republican)Robert J. Wittman (Republican)Daniel Meuser (Republican)Carol D. Miller (Republican)Jake Ellzey (Republican)Roger Williams (Republican)Glenn Grothman (Republican)August Pfluger (Republican)Lauren Boebert (Republican)Gary J. Palmer (Republican)Mike Bost (Republican)John J. McGuire (Republican)Randy K. Sr. Weber (Republican)Chuck Edwards (Republican)Erin Houchin (Republican)Julie Fedorchak (Republican)

Environment Subcommittee, Energy and Commerce Committee

Environmental Protection

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Air qualityBuilding constructionEnvironmental assessment, monitoring, researchEnvironmental regulatory proceduresLicensing and registrationsPollution liability