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119-s-5363119th Congress

New Source Review Permitting Improvement Act

Sponsored By: Senator Husted, Jon [R-OH]

Introduced

Summary

Limit New Source Review triggers to real, measurable emission rate increases. This bill would change the Clean Air Act to redefine when a physical change at a stationary source counts as a "modification" or "construction". It ties modification to an increase in the maximum hourly emission rate above the highest hour in the prior 10-year period and narrows prevention of significant deterioration (PSD) and nonattainment permit triggers to physical changes to discrete parts of an emissions unit, while adding exceptions for reliability, safety, and efficiency improvements unless the Administrator finds significant harm.

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  • Facility operators: Adds clear exceptions for changes meant to reduce emissions per unit or to restore safety and reliability, so those projects generally would not trigger permits unless they raise maximum hourly emissions enough to harm health or the environment.
  • Regulators and permitting authorities: Narrows PSD and nonattainment construction definitions to physical work on discrete emissions-unit parts, which focuses preconstruction review on concrete, measurable changes.
  • Communities near major plants: Fewer alterations may require New Source Review because the bill emphasizes actual hourly emission increases and annual actual emissions when deciding modifications.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Fewer pollution permits for plant owners

This bill would change when a plant change counts as a "modification" that triggers pollution permits. A change would increase emissions only if the post-change maximum hourly emission rate is higher than any hour in the prior 10 years. Projects meant to cut pollution per unit or to restore, maintain, or improve safety or reliability would not be treated as modifications unless the post-change hourly max exceeds the 10-year max and the Administrator finds an adverse health or environmental effect. The bill would also say a change must not be treated as a modification if it was not a modification the day before enactment.

Limits on air permits for large plants

This bill would narrow when preconstruction air permits are required at major emitting facilities. PSD preconstruction rules would apply only to physical construction of discrete parts of an emissions unit. The bill would define "emissions unit" as any part of a stationary source that emits or can emit a regulated pollutant. For nonattainment areas, a modification would count only if it causes a significant increase in annual actual emissions or a significant net emissions increase. These changes would reduce when owners need PSD or nonattainment permits.

Sponsors & CoSponsors

Sponsor

Husted, Jon [R-OH]

OH • R

Cosponsors

  • Sen. Lummis, Cynthia M. [R-WY]

    WY • R

    Sponsored 8/7/2026

Roll Call Votes

No roll call votes available for this bill.

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