New Source Review Permitting Improvement Act

Key Points

• The bill changes how the government decides whether a factory or power plant upgrade counts as a 'modification' that requires a new Clean Air Act permit, basing it on the highest hourly pollution rate in the past 10 years instead of broader emissions increases.
• Projects designed to improve pollution control, efficiency, safety, or reliability would be exempt from being classified as a 'modification,' unless EPA finds the change would harm human health or the environment.
• The bill narrows what counts as 'construction' requiring a permit, limiting it to physical work on the actual emissions-producing equipment, so companies could do other site work, like grading or building foundations, without waiting for a permit.
• Similar changes apply to areas that don't meet federal air quality standards, so facility changes there also only count as modifications if they cause a significant increase in annual emissions.
• The bill includes a rule making clear it won't retroactively reclassify past changes, it only affects how future changes are judged.