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S. 2761 (115th): A bill to amend 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, and for other purposes.

The text of the bill below is as of Apr 26, 2018 (Introduced).


II

115th CONGRESS

2d Session

S. 2761

IN THE SENATE OF THE UNITED STATES

April 26, 2018

introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend 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, and for other purposes.

1.

Clarification of definition of modification

Section 111(a)(4) of the Clean Air Act (42 U.S.C. 7411(a)(4)) is amended—

(1)

by striking (4) The term modification means and inserting the following:

(4)

Modification

(A)

In general

The term modification means

; and

(2)

by adding at the end the following:

(B)

Associated definition

For purposes of subparagraph (A), a physical change in, or change in the method of operation of, a stationary source shall be considered to increase the amount of any air pollutant emitted by the stationary source only if the maximum achievable hourly emissions rate of the stationary source after the change will be higher than—

(i)

the maximum achievable hourly emissions rate of the stationary source as the stationary source was originally designed; and

(ii)

the maximum hourly emissions rate of the stationary source that was actually achieved during the 10-year period preceding the change.

.