Sec. 10. New source review permitting
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Paragraph
(4)of section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ) is amended— by inserting before
(A)The term ; 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, except, with respect to either clause
(i)or (ii), when the change would be a modification as defined in subparagraph
(A)and the Administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment. . 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. . 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. . Nothing in this section or the amendments made by this section 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.
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