HR 161 · 119th CongressIn Committee

New Source Review Permitting Improvement Act

Latest updateApr 28, 2026

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-625.

Environmental Protection

Sponsor

H. Griffith

Introduced

January 3, 2025

Latest action

April 28, 2026

Legislative Progress

How far this bill has traveled through Congress

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

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

Plain-Language Summary

AI Generated

Under the Clean Air Act, industrial facilities must obtain permits before making physical changes or operational modifications that increase air pollution emissions. The Environmental Protection Agency (EPA) currently determines whether a change qualifies as a "modification" requiring a new permit by comparing the facility's maximum hourly emission rate before and after the change. This framework has created regulatory uncertainty, with disputes over whether routine maintenance, efficiency upgrades, or safety improvements trigger permitting requirements. Facilities and regulators have disagreed about how to measure emission increases and whether certain operational changes constitute modifications subject to federal oversight.

The New Source Review Permitting Improvement Act amends the Clean Air Act to narrow the definition of modifications that trigger permitting requirements. The EPA must now measure emission increases by comparing the maximum achievable hourly emission rate in the 10-year period before a change to the rate after the change. The bill exempts changes designed to reduce emissions per unit of production or to maintain facility reliability and safety from modification status—unless the EPA determines the change would cause adverse health or environmental effects. For construction activities, the bill limits permitting requirements to physical construction of discrete emissions units, excluding other costly or permanent on-site activities that do not directly involve the emissions unit itself.

These changes take effect immediately upon enactment, with no new funding required. The EPA will apply the revised definitions to pending and future permit applications. Facilities undertaking efficiency improvements, pollution controls, or safety upgrades will face reduced permitting burdens, though the EPA retains authority to require permits when it determines health or environmental risks exist. The narrower construction definition may reduce permitting delays for major industrial projects, though facilities must still demonstrate compliance with state implementation plans in areas not meeting federal air quality standards. The bill includes a rule of construction preserving the EPA's authority to treat changes as modifications under pre-existing interpretations if warranted by circumstances.

Key Provisions

1Establish that emission rate increases are measured by comparing the maximum achievable hourly emission rate during any hour in the 10-year period before a change to the rate after the change, rather than using other baseline methodologies.
2Exempt changes designed to reduce emissions per unit of production or to maintain facility reliability and safety from modification status, unless the Environmental Protection Agency determines the change would cause adverse health or environmental effects.
3Limit permitting requirements for construction at major emitting facilities to physical construction of discrete emissions units, excluding other on-site activities regardless of cost, permanence, or site alteration.
4Clarify that modifications at major emitting facilities in nonattainment areas do not include changes that do not result in significant emissions increases or significant net emissions increases in annual actual emissions.
5Preserve the Environmental Protection Agency's existing authority to treat changes as modifications under pre-enactment interpretations when circumstances warrant such treatment.

★ Why this matters

Industrial facilities will face reduced permitting delays and regulatory uncertainty when undertaking efficiency improvements, pollution controls, and safety upgrades. The narrower definition of modifications and construction activities streamlines the permitting process for major industrial projects, potentially accelerating facility upgrades and maintenance. However, the Environmental Protection Agency retains authority to require permits when changes pose health or environmental risks, maintaining federal oversight of significant pollution increases.

● Who this affects

Power plants, refineries, chemical manufacturers, and other major industrial facilities subject to federal air quality permits will experience the most direct impact. State environmental agencies implementing federal air quality standards will adjust their permitting procedures accordingly. Communities in areas not meeting federal air quality standards may see reduced permitting scrutiny for industrial modifications. Environmental advocacy groups and public health organizations concerned with air quality will be affected by the narrower permitting scope.

Bill Text

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<DOC>

                                                 Union Calendar No. 542
119th CONGRESS
  2d Session
                                H. R. 161

                          [Report No. 119-625]

  To amend sections 111, 169, and 171 of the Clean Air Act to clarify 
 when a physical change in, or change in the method of operation of, a 
 stationary source constitutes a modification or construction, and for 
                            other purposes.

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

 Mr. Griffith introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                             April 28, 2026

   Additional sponsors: Mrs. Fedorchak, Mr. Ellzey, Ms. Boebert, Mr. 
 Pfluger, Mr. Palmer, Mr. Meuser, Mr. Edwards, Mrs. Houchin, Mr. Bost, 
     Mr. Grothman, Mr. Wittman, Mrs. Miller of West Virginia, Mrs. 
Harshbarger, Mr. Moore of Alabama, Mr. Weber of Texas, Mr. Williams of 
   Texas, Mr. McGuire, Mr. Allen, Mr. Stauber, Mr. Crawford, and Mr. 
                                Walberg

                             April 28, 2026

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                3, 2025]

                                 A BILL

 
  To amend sections 111, 169, and 171 of the Clean Air Act to clarify 
 when a physical change in, or change in the method of operation of, a 
 stationary source constitutes a modification or construction, and for 
                            other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Source Review Permitting 
Improvement Act''.

SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICATION: EMISSION RATE 
              INCREASES, POLLUTION CONTROL, EFFICIENCY, SAFETY, AND 
              RELIABILITY PROJECTS.

    Paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C. 
7411(a)) is amended--
            (1) by inserting ``(A)'' before ``The term'';
            (2) by inserting before the period at the end the 
        following: ``. For purposes of the preceding sentence, a change 
        increases the amount of any air pollutant emitted by such 
        source only if the maximum hourly emission rate of an air 
        pollutant that is achievable by such source after the change is 
        higher than the maximum hourly emission rate of such air 
        pollutant that was achievable by such source during any hour in 
        the 10-year period immediately preceding the change''; and
            (3) by adding at the end the following:
         …

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New Source Review Permitting Improvement Act

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