New Source Review Permitting Improvement Act

Bill Number

H.R. 161

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-04-28: Placed on the Union Calendar, Calendar No. 542.

Last Updated

2026-05-06T11:56:19Z

AI-Generated Summary

New Source Review Permitting Improvement Act (H.R. 161)

Purpose

This bill clarifies when physical changes or operational changes at stationary sources (like factories or power plants) count as a "modification" or "construction" under the Clean Air Act's New Source Review (NSR) program. NSR requires permits for major sources to prevent significant air pollution increases. The goal is to streamline permitting by focusing on actual emission increases.

Key Provisions

• Section 2 (Modifications under Section 111):
• Defines a "modification" based on whether the maximum hourly emission rate (pollutants per hour at peak) increases compared to any hour in the prior 10 years.
• Excludes changes that:
• Reduce emissions per unit of production (e.g., efficiency upgrades).
• Improve safety or reliability.
• Exception: If the EPA finds the change harms human health or the environment.
• Section 3 (Prevention of Significant Deterioration - PSD):
• Limits pre-construction permit requirements to physical building of emissions units (parts that emit pollutants), excluding other costly or permanent on-site activities.
• Redefines "construction" to exclude changes without significant emissions increases in annual actual emissions.
• Section 4 (Nonattainment Areas):
• Applies similar "modification" definition, excluding non-significant annual emissions increases.
• Construction permits limited to physical emissions unit building, like PSD.
• Section 5 (Rule of Construction): No changes retroactively treated as modifications if they weren't before enactment.

Significant Changes to Existing Law

• Shifts focus from broad "potential to emit" or annual emissions to hourly emission rates for modifications.
• Narrows "construction" and "modification" to exclude efficiency, safety, reliability projects, and non-emitting site work.
• Exempts minor emission changes from full NSR permitting in clean (PSD) and polluted (nonattainment) areas.

Potential Impacts

• Government Agencies: Reduces EPA and state workload by limiting permit reviews; may shift enforcement to health/environment checks.
• Citizens: Could allow faster facility upgrades (e.g., cleaner tech), but risks higher emissions if not monitored.
• Industry: Eases upgrades without lengthy permits, potentially lowering costs and improving operations.
• International Relations: Minimal direct impact, though cleaner U.S. industry could aid global climate efforts indirectly.

Main Stakeholders Affected

• Industrial facilities (e.g., power plants, refineries, manufacturers) – benefit from simplified permitting.
• EPA and state environmental agencies – fewer permits to process.
• Environmental groups and local communities – concerned about potential air quality declines.
• Energy and manufacturing sectors – sponsors include representatives from energy-heavy districts.

Notable Legal, Constitutional, or Political Implications

• Legal: Provides clear definitions to reduce litigation over "modification" triggers; Section 5 protects past actions (no retroactivity).
• Constitutional: None explicit; aligns with congressional authority over air quality regulation.
• Political: Streamlines regulations favored by industry (e.g., fossil fuels), potentially sparking debates on environmental protection vs. economic growth. Reported from House committee with amendments, advancing to full House.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Griffith, H. Morgan [R-VA-9]

Cosponsors (21)

Rep. Fedorchak, Julie [R-ND-At Large], Rep. Ellzey, Jake [R-TX-6], Rep. Boebert, Lauren [R-CO-4], Rep. Pfluger, August [R-TX-11], Rep. Palmer, Gary J. [R-AL-6], Rep. Meuser, Daniel [R-PA-9], Rep. Edwards, Chuck [R-NC-11], Rep. Houchin, Erin [R-IN-9], Rep. Bost, Mike [R-IL-12], Rep. Grothman, Glenn [R-WI-6], Rep. Wittman, Robert J. [R-VA-1], Rep. Miller, Carol D. [R-WV-1], Rep. Harshbarger, Diana [R-TN-1], Rep. Moore, Barry [R-AL-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Williams, Roger [R-TX-25], Rep. McGuire, John J. [R-VA-5], Rep. Allen, Rick W. [R-GA-12], Rep. Stauber, Pete [R-MN-8], Rep. Crawford, Eric A. "Rick" [R-AR-1], Rep. Walberg, Tim [R-MI-5]

Recent Actions

• 2026-04-28: Placed on the Union Calendar, Calendar No. 542.
• 2026-04-28: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-625.
• 2026-04-28: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-625.
• 2026-01-21: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
• 2026-01-21: Committee Consideration and Mark-up Session Held
• 2025-12-10: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
• 2025-12-10: Subcommittee Consideration and Mark-up Session Held
• 2025-01-03: Referred to the House Committee on Energy and Commerce.
• 2025-01-03: Referred to the Subcommittee on Environment.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• New Source Review Permitting Improvement Act — issued 2025-01-03 — PDF (4 pages)
• New Source Review Permitting Improvement Act — issued 2026-04-28 — PDF (8 pages)