This bill would change how the Clean Air Act defines when a physical change or change in operation at a stationary source counts as a "modification" or as "construction." It would amend sections 111, 169, and 171. A change would increase emissions only if the maximum hourly emission rate achievable after the change is higher than the maximum hourly rate achievable during any hour in the 10 years before the change. The bill says projects intended to reduce pollution per unit of production, or to restore, maintain, or improve safety or reliability, are not "modifications" unless they raise the maximum achievable hourly emission rate as described and the Administrator finds an adverse effect. For major emitting facilities and nonattainment-area rules, the bill says a change is not a "construction" or "modification" if it does not cause a significant increase in annual actual emissions or a significant net increase in annual actual emissions. The bill also includes a rule saying it should not be read to treat a change as a modification if that change would not have been treated that way the day before the bill became law.
If you own or operate a stationary source, the bill would change when upgrades or operational changes trigger permitting under these Clean Air Act provisions. Upgrades aimed at reducing pollution per unit, or improving safety or reliability, would generally not count as a modification unless they raise the source's maximum achievable hourly emission rate above the prior 10-year maximum and are found to cause an adverse effect. Major facilities and sources in nonattainment areas would not be treated as modified by changes that do not cause a significant increase in annual actual emissions. State permitting authorities and the Administrator would use the new hourly and annual emission tests described in the bill.
No publicly available information on costs or budgetary effects is included in the bill text or metadata provided.
The bill text states its purpose is to "clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction." Sponsors introduced it to set tests based on maximum achievable hourly emission rates and annual actual emissions and to exclude certain pollution-control, efficiency, safety, or reliability projects from being treated as modifications except in specified circumstances.
No publicly available information on opponents' views or stated objections is included in the bill text or metadata provided.