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Bill

S 5363

New Source Review Permitting Improvement Act

119th Congress Introduced by Jon Husted and 1 co-sponsor

S. 5363 clarifies when a physical change or change in operation at a stationary source counts as a modification or construction, affecting whether NSR permitting applies.

Introduced in Senate
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Bill Summary · S 5363

Summary of Bill S. 5363 (119th Congress)

Purpose and Intent

S. 5363 seeks to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change at a stationary source or a change in the method of operation constitutes a modification or construction project under the Act. The underlying goal is to provide clearer criteria for determining which alterations trigger New Source Review (NSR) permitting and related requirements, aiming to reduce ambiguity that can delay or complicate regulatory decisions for facilities subject to air permitting.

Key Provisions and Changes

  • Clarification of “modification” and “construction” triggers

    • The bill specifies criteria for distinguishing routine operational changes from actions that would require NSR review.
    • It addresses what constitutes a “physical change” to a stationary source, and what qualifies as a “change in the method of operation,” potentially altering the scope of projects that must undergo NSR and associated permitting.

  • Alignment with existing Clean Air Act provisions

    • The amendments are designed to align with current statutory language in sections 111, 169, and 171, providing more precise thresholds or tests to determine applicability of construction or modification standards.

  • Potential scope adjustments for NSR applicability

    • By refining when changes are considered modifications or construction, the bill could expand or narrow the universe of projects that require NSR permits, minor source NSR, or major NSR reviews depending on how the criteria are applied.

Who or What Is Affected

  • Stationary sources subject to the Clean Air Act
    • Facilities such as power plants, manufacturing facilities, refineries, and other industrial emitters that undergo physical changes or operational changes.
  • Regulators and permitting agencies
    • State environmental agencies and the federal Environmental Protection Agency (EPA) responsible for evaluating permit applications and ensuring compliance with NSR and related requirements.
  • Project developers and facility operators
    • Entities planning renovations, capacity expansions, or process modifications that could be classified as modifications or construction under the revised criteria.

Procedural and Timeline Aspects

  • Introduction and referral
    • Introduced in the Senate and read twice, then referred to the Committee on Environment and Public Works (as of 2026-08-07).
  • Sponsorship
    • Co-sponsors include Senator Cynthia Lummis and Senator Jon Husted.
  • Next steps in legislative process
    • The bill would proceed through committee consideration, potential amendments, and, if approved, move to the Senate floor for debate and a vote. If passed, it would move to the House of Representatives or reconciliation, depending on the legislative path.

Potential Implications and Considerations

  • The bill’s impact depends on the precise language added to sections 111, 169, and 171, which determines how narrowly or broadly “modification” and “construction” are interpreted.
  • If clarified to be more permissive, some facilities could proceed with certain changes without NSR, potentially accelerating projects but reducing pre-construction environmental review.
  • If clarified to be more stringent, more projects may trigger NSR permitting, increasing regulatory oversight and potential compliance costs.
  • Stakeholders include industry groups seeking permitting certainty and environmental advocates emphasizing robust air quality safeguards.

If you’d like, I can tailor this summary to focus on specific sections once the full text is available or compare it to current law to illustrate exact differences.

Compiled from official sources — confirm details with the bill’s official record.

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