Congress·In Progress·H.R. 161

Rep. Griffith Introduces the New Source Review Permitting Improvement Act to Ease Industrial Upgrade Rules

New Source Review Permitting Improvement Act

about 2 months ago·View on Congress.gov

Legislative Progress

House

Senate

President

Law

Key Points

This bill changes the rules for when factories, refineries, and power plants must get new federal pollution permits. Currently, making even small changes to a facility can trigger a long and expensive legal process that can take years to complete.
Under this plan, a project would only need a new permit if it increases the maximum amount of pollution the facility can produce in a single hour. It compares the new equipment to the highest pollution levels the facility reached at any point in the last 10 years.
The bill creates a "safe harbor" for projects designed to make a plant safer, more reliable, or more efficient. These upgrades would be exempt from the permit process unless the government can prove the change would harm public health or the environment.
The goal is to make it easier for companies to modernize their equipment and fix old parts without being held up by government red tape. While this helps businesses update their facilities, some environmental groups worry it could allow plants to run more often and increase total yearly emissions.

Energy EnvironmentLabor Employment

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

4 milestones7 actions

Jan 21, 2026House

Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.

Jan 21, 2026House

Committee Consideration and Mark-up Session Held

Dec 10, 2025House

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.

Dec 10, 2025House

Subcommittee Consideration and Mark-up Session Held

Jan 3, 2025House

Referred to the House Committee on Energy and Commerce.

What Happens Next

Projected impacts based on AI analysis

short_term

EPA would need to update its New Source Review guidance and regulations to align with the new law

The agency would have to revise how it evaluates facility changes, shifting from an annual emissions increase test to a maximum hourly emission rate comparison. This transition period could create some initial uncertainty for facilities and regulators.

Related News

2 articles

Carbon Pulse·3 months ago

CP Daily News Ticker: 11 December 2025

The New Source Review Permitting Improvement Act (HR 161) would narrow when industrial projects trigger Clean Air Act New Source Review by tightening the definitions of 'modification' and 'construction'. The bill bases applicability on whether a project would raise a facility's maximum hourly emission rate above its highest level in the past decade.

Politico Pro·over 17 years ago

EPA abandons New Source Review proposal

At issue was a proposed change to the Clean Air Act's New Source Review (NSR) provisions used to determine whether power plants should be required to install modern pollution controls. EPA's proposal called for using an hourly emissions test instead of an annual test.

CL=