Narrows when an upgrade at an existing industrial plant counts as a modification that triggers Clean Air Act permitting, excluding pollution-control, efficiency, and safety projects and changes that do not raise hourly emissions or annual emissions.

• Defines a modification to exclude changes that reduce pollution per unit of production or restore, maintain, or improve reliability and safety, unless the EPA Administrator finds an adverse health or environmental effect
• Counts a change as increasing emissions only if the maximum hourly emission rate exceeds the highest rate achieved during any hour in the prior 10 years
• Limits preconstruction permit requirements for major emitting facilities to physical construction of the discrete parts of an emissions unit, not other on-site work
• Applies the same modification limits to nonattainment areas, covering changes that do not produce a significant increase in annual actual emissions

• Energy and Commerce Committee (House)
• Environment Subcommittee

Environmental Protection