This bill modifies EPA New Source Review permitting by changing when facility changes are considered modifications requiring permits. A change only counts as a modification if the maximum hourly emission rate exceeds the highest rate achieved in the preceding 10 years. Changes designed to reduce emissions, improve reliability, or enhance safety are not modifications unless EPA finds adverse health or environmental effects. This aims to reduce permitting burdens for facilities making improvements while maintaining environmental protections.
Latest Action
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
AI Summary
Plain-English explanation of this bill
This bill modifies EPA New Source Review permitting by changing when facility changes are considered modifications requiring permits. A change only counts as a modification if the maximum hourly emission rate exceeds the highest rate achieved in the preceding 10 years. Changes designed to reduce emissions, improve reliability, or enhance safety are not modifications unless EPA finds adverse health or environmental effects. This aims to reduce permitting burdens for facilities making improvements while maintaining environmental protections.
Last updated: 1/4/2026
Official Summary
Congressional Research Service summary
<p><b>New Source Review Permitting Improvement Act</b> </p> <p>This bill modifies terminology for purposes of the New Source Review (NSR) permitting program of the Environmental Protection Agency (EPA).</p> <p>In order for a change to a stationary source to be a <i>modification</i> (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.</p> <p>A change at a stationary source is not considered to be a <i>modification</i> 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.</p> <p><i>Construction</i>, in connection with a major emitting facility (a type of stationary source), does not include a change at such a facility that does not result in a significant emissions increase or a significant net emissions increase.</p> <p>In relation to major emitting facilities in nonattainment areas, the terms <i>modifications </i>and <i>modified</i> do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.</p>
Key Points
Main provisions of the bill
Redefines modification based on 10-year maximum hourly emission baseline
Exempts emission reduction and safety improvement changes
EPA can override exemption for health or environmental harm
Reduces permitting burden for facility improvements
Maintains protections for significant emissions increases
How This Impacts Americans
Potential effects on citizens and communities
For industrial facilities: Reduced permitting requirements for maintenance and upgrades. For EPA: Modified enforcement of New Source Review program. For environmental groups: Concerns about weakened air quality protections. For manufacturing: Easier facility improvements without lengthy permits. For air quality: Continued protection when emissions significantly increase.
Policy Areas
Primary Policy Area
Environmental Protection
Related Subjects
Air quality
Building construction
Environmental assessment, monitoring, research
Environmental regulatory procedures
Licensing and registrations
Pollution liability
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
161, 119th Congress (2025). "New Source Review Permitting Improvement Act". Source: Voter's Right Platform. https://votersright.org/bills/118-hr-161
