Growing American Innovation Now 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 for 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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2662 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2662
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 SENATE OF THE UNITED STATES
October 22, 2019
Mr. Barrasso (for himself, Mr. McConnell, Mr. Braun, Mrs. Capito, and
Mr. Paul) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
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 ``Growing American Innovation Now
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:
``(B) Notwithstanding subparagraph (A), the term
`modification' does not include a change at a stationary source
that is designed--
``(i) to reduce the amount of any air pollutant
emitted by the source per unit of production; or
``(ii) to restore, maintain, or improve the
reliability of operations at, or the safety of, the
source,
except, with respect to either clause (i) or (ii), when the
change would be a modification as defined in subparagraph (A)
and the Administrator determines that the increase in the
maximum achievable hourly emission rate of a pollutant from
such change would cause an adverse effect on human health or
the environment.''.
SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION FOR PREVENTION OF
SIGNIFICANT DETERIORATION.
Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C.
7479(2)) is amended to read as follows:
``(C) The term `construction', when used in
connection with a major emitting facility, includes a
modification (as defined in section 111(a)) at such
facility, except that for purposes of this subparagraph
a modification does not include a change at a major
emitting facility that does not result in a significant
emissions increase, or a significant net emissions
increase, in annual actual emissions at such
facility.''.
SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICATIONS AND MODIFIED FOR
NONATTAINMENT AREAS.
Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501)
is amended to read as follows:
``(4) The terms `modifications' and `modified' mean a
modification as defined in section 111(a)(4), except that such
terms do not include a change at a major emitting facility that
does not result in a significant emissions increase, or a
significant net emissions increase, in annual actual emissions
at such facility.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to treat any change as a modification for purposes of any
provision of the Clean Air Act (42 U.S.C. 7401 et seq.) if such change
would not have been so treated as of the day before the date of
enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 116-214.
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