S. 5363 — New Source Review Permitting Improvement Act

This section narrows the definition of a modification of a stationary source under section 111 of the Clean Air Act. A change now increases emissions only if the maximum hourly emission rate after the change exceeds the highest rate achieved in any hour during the preceding 10 years. It also excludes changes designed to reduce emissions per unit of production or to restore, maintain, or improve reliability or safety, unless the Administrator determines that the resulting increase in the maximum hourly emission rate would cause an adverse effect on human health or the environment.

This section limits preconstruction permitting requirements under the Clean Air Act’s prevention of significant deterioration program to physical construction of discrete parts of an emissions unit at a major emitting facility. It excludes other on-site activities regardless of cost, permanence, or site alteration. It also narrows the definition of construction to exclude modifications that do not produce a significant emissions increase or significant net emissions increase in annual actual emissions.

This section revises the definition of modifications and modified for nonattainment areas under the Clean Air Act to mean a modification as defined in section 111(a), except that the terms exclude any change at a major emitting facility that does not result in a significant emissions increase or significant net emissions increase in annual actual emissions. It further limits required construction permits in nonattainment areas to physical construction of the discrete parts of an emissions unit at a major stationary source, regardless of other on-site activities that may be costly, permanent, or site-altering.

This section provides that nothing in the Act or its amendments shall be construed to treat any change as a modification under the Clean Air Act if the change would not have been treated as a modification on the day before enactment.