Sec. 3. Clarification of definition of construction and applicability of preconstruction requirements for prevention of significant deterioration
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Section 165 of the Clean Air Act ( 42 U.S.C. 7475 ) is amended by adding at the end the following: The requirements of subsection
(a)that apply with respect to authorizing construction of a major emitting facility shall apply only with respect to construction that involves physical construction of the discrete parts of an emissions unit at a major emitting facility, regardless of whether the construction involves other physical on-site activities at the major emitting facility, including any such other physical on-site activity that— may be costly; may significantly alter the site; is permanent in nature; or is to accommodate an installation to an emissions unit. In this subsection, the term emissions unit means any part of a stationary source that emits, or has the potential to emit, any air pollutant that is regulated under this title. . 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. .
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Sec. 3
Clarification of definition of construction and applicability of preconstruction requirements for prevention of significant deterioration
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