H.R. 161 · On the floor · Environmental Protection

New Source Review Permitting Improvement Act

Sponsor: H. Morgan Griffith (R-VA)

What it does

• Redefines when a change at a stationary source counts as a modification under the EPA's New Source Review permitting program.
• Treats a change as a modification only if the maximum hourly emission rate achievable exceeds the maximum achievable during any hour in the preceding 10 years.
• Excludes changes designed to reduce emissions of any air pollutant or to restore, maintain, or improve reliability or safety, unless the EPA finds the resulting increase would harm health or the environment.
• Excludes from the definitions of construction and modification, for major emitting facilities including those in nonattainment areas, changes that do not cause a significant emissions increase or net increase.

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…

Latest action

Apr 28, 2026: Placed on the Union Calendar, Calendar No. 542.

Committee: House Energy and Commerce