H.R. 161 Reported by committee Environmental Protection

New Source Review Permitting Improvement Act

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.

  1. Introduced
  2. Committee
  3. Passed House
  4. Passed Senate
  5. To President
  6. Became law
Sponsor Rep. Griffith, H. Morgan [R-VA-9] Introduced January 3, 2025 Cosponsors 21 (21 R) Latest action April 28, 2026

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.

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Actions

  1. Apr 28, 2026 Placed on the Union Calendar, Calendar No. 542.
  2. Apr 28, 2026 Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 119-625.
  3. Jan 21, 2026 Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
  4. Jan 21, 2026 Committee Consideration and Mark-up Session Held
  5. Dec 10, 2025 Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
  6. Dec 10, 2025 Subcommittee Consideration and Mark-up Session Held
  7. Jan 3, 2025 Referred to the House Committee on Energy and Commerce.
  8. Jan 3, 2025 Referred to the Subcommittee on Environment.
  9. Jan 3, 2025 Introduced in House

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