Sec. 5. Standards of performance for new stationary sources
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Section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) is amended— in subsection (b)— in paragraph (1)— in subparagraph (B), in the first sentence, by inserting and subject to subparagraph
(C)after subparagraph
(A); and by adding at the end the following: The Administrator may not establish a new Federal standard of performance for a new source until such time as the technology proposed to serve as the best system of emission reduction under the proposed new standard of performance— represents not less than 5 percent of the deployed systems already in use at the time the new standard of performance is proposed; and has been demonstrated to fully achieve the emission standards of the proposed standard of performance. ; and in paragraph (6), by striking subsection (a)(1)(A)(i) and
(ii)and inserting subsection (a)(1) ; in subsection (d), by adding at the end the following: In prescribing regulations under paragraph
(1)and otherwise carrying out this subsection, the Administrator may not direct a State— to establish standards of performance for any air pollutants at a location that is not the location of an existing source; or to meet any specific substantive emissions criteria established by the Administrator other than for a criteria air pollutant. ; and by adding at the end the following: For purposes of this section but subject to paragraphs
(2)and (3), a modification shall be considered to be a new source only if— the modification expands the capacity or production capability of the source; and 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. If a modification expands the capacity or production capability of a source, the modification shall not be considered to be a new source for purposes of this section if the modification is designed— to reduce any air pollutant emitted by the source per unit of production; to reduce any greenhouse gas emitted by the source per unit of production; or to enhance or restore the safety or reliability of operations at the source. A modification that meets an exception described in paragraph
(2)shall not be considered to be a modification for purposes of— the term construction (as defined in section 169(2)) or any provision that uses that term; or the term modification (as defined in section 171) or any provision that uses that term. A proposed new source shall be exempt from the requirements of a proposed new source in an area designated as in nonattainment if the proposed new source emits not more than 0.5 percent of the periodic emissions inventory of the criteria pollutant for the area within which the proposed new source will be located. . The amendments made by subsection
(a)shall not treat any change as a modification for purposes 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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