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
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.
This Act may be cited as the
Growing American Innovation Now Act.
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—
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
by adding at the end the following:
Notwithstanding subparagraph (A), the term
modification does not include a change at a stationary source that is designed—
to reduce the amount of any air pollutant emitted by the source per unit of production; or
to restore, maintain, or improve the reliability of operations at, or the safety of, the source,
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:
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.
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:
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.
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.