New Source Review Permitting Improvement Act

House Bill

H.R. 161

119th Congress

New Source Review Permitting Improvement Act

In Committee

Introduced:Jan 3, 2025

Primary Sponsor

Darren Soto

Representative

Democratic

FL-9

Cosponsors

1

Quick Stats

Policy Area

Environmental Protection

Summary

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.

SponsorDarren Soto (D-FL)

Introduced1/3/2025

StatusReferred to the House Committee on Energy and Commerce.

ChamberHouse

Data from Congress.gov

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Vote Prediction

New Source Review Permitting Improvement Act

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

Community Breakdown

Pass

0%

Fail

0%

0 predictions

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.

Bill Number: 161
Sponsor: Darren Soto (D-FL)
Introduced: 1/3/2025
Status: Referred to the House Committee on Energy and Commerce.
Policy Area: Environmental Protection

Data from Congress.gov

AI-generated summary

Fact Sheet

Title: New Source Review Permitting Improvement Act
Bill Number: 161
Sponsor: Darren Soto (D-FL)
Status: Referred to the House Committee on Energy and Commerce.
Introduced: 1/3/2025
Summary: 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 emi

Data from Congress.gov

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

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 not result in a significant emissions increase or a significant net emissions increase. In relation to major emitting facilities in nonattainment areas, the terms modifications and modified do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.

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

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