New Source Review Permitting Improvement Act

Easier permits for large polluters

If enacted, the bill would change when big polluting facilities need preconstruction permits. Owners would usually not need a permit for changes that do not cause a significant increase in annual actual emissions. The bill would use a 10-year test. An increase would count only if the new maximum hourly rate is above any hour in the past 10 years. Changes that cut emissions per product would not be modifications. Restoring safety or reliability would also be excluded unless the hourly test shows an increase and EPA finds harm. The bill would limit permit triggers to the physical construction of discrete parts of an emissions unit. It would define "emissions unit" as any part that emits or could emit a regulated pollutant. The bill would also say no change may be treated as a modification if it would not have been one the day before enactment. These rules would take effect upon enactment.