New Source Review Permitting Improvement Act

United States119th CongressS-5363Senate
Updated: Aug 7, 2026

Summary

This bill, titled the "New Source Review Permitting Improvement Act," aims to clarify and refine the definitions of "modification" and "construction" within the Clean Air Act, particularly concerning the New Source Review permitting program. It amends Section 111(a) to specify that an increase in emissions, triggering a "modification," occurs only if the maximum hourly emission rate achievable after a change is higher than the maximum hourly rate from the preceding 10 years. This redefines how emission increases are assessed for general modification purposes. Furthermore, the bill exempts certain changes from being considered a "modification," such as those designed to reduce emissions per unit of production or to improve reliability or safety , unless the Administrator determines an adverse health or environmental impact. For Prevention of Significant Deterioration (PSD) and nonattainment areas, the legislation clarifies that preconstruction requirements apply only to the physical construction of discrete parts of an emissions unit , excluding other site-related activities. It also specifies that "construction" in these contexts does not include changes that avoid a significant increase in annual actual emissions.

Bill texts

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Introduced (Senate)View official text

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Timeline

  1. Read twice and referred to the Committee on Environment and Public Works.

    Senate

  2. Introduced in Senate

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