H.R. 165House118th Congress (2023-2025)In Committee

New Source Review Permitting Improvement Act

Introduced January 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:59 AM UTC

The New Source Review Permitting Improvement Act amends the Clean Air Act to clarify when a physical change or operational change at a stationary source counts as a “modification” or “construction.” It sets a specific test for emission‑rate increases and excludes changes made to cut emissions or improve safety and reliability unless they would raise the maximum hourly emission rate and harm health or the environment. The changes affect owners and operators of major emitting facilities and the EPA’s permitting process.

Key Provisions

  • Defines a modification as an increase only if the maximum hourly emission rate after the change exceeds any hour’s rate in the previous ten years.
  • Excludes from the definition of modification any change designed to reduce emissions per unit of production or to improve safety or reliability, unless the EPA determines the change would raise the maximum hourly emission rate and cause adverse health or environmental effects.
  • Clarifies that “construction” includes modifications, but not those that do not result in a significant emissions increase or net increase in annual actual emissions at a major facility.
  • Applies the same clarification to the terms “modifications” and “modified” used for nonattainment areas, excluding changes without significant emissions increases.
  • Adds a rule of construction stating that the Act does not retroactively treat any change as a modification if it was not considered one before the law’s enactment.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.

January 20, 2023

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HouseIntro Referral

Introduced in House

January 9, 2023

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

January 9, 2023

HouseCommittee

Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.

January 20, 2023

Floor Debate

24 members

What members said about H.R. 165 on the floor

14 Republicans10 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · Dec 11, 2024

Mr. Speaker, I yield myself 5 minutes. Mr. Speaker, first of all, I thank Chairman Rogers for his outstanding leadership of the committee this year and in past years. He has done a great job of…

Mike Rogers
Rep. Mike RogersR-AL-3 · Dec 11, 2024

Mr. Speaker, pursuant to House Resolution 1612, I call up the bill (H.R. 5009) to reauthorize wildlife habitat and conservation programs, and for other purposes, with the Senate amendment thereto,…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Dec 11, 2024

Mr. Speaker, I rise in opposition to the National Defense Authorization Act for Fiscal Year 2025 (NDAA). It is with regret that I must oppose this legislation that sets policy for the Department of…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Dec 11, 2024

Mr. Speaker, as ranking member of Seapower, I thank all of its members for their input crafting this year's National Defense Authorization Act. I also salute my friend and outstanding chairman of the…

Don Bacon
Rep. Don BaconR-NE-2 · Dec 11, 2024

Mr. Speaker, I rise today in strong support of the Servicemember Quality of Life Improvement and National Defense Authorization Act. The 2025 NDAA prioritizes the servicemembers and military families…

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Chrissy Houlahan
Rep. Chrissy HoulahanD-PA-6 · Dec 11, 2024

Mr. Speaker, I thank Chairman Rogers and Ranking Member Smith both for their leadership and clear vision for our committee, which has guided our national security and collective defense. This…

Mike Garcia
Rep. Mike GarciaR-CA-27 · Dec 11, 2024

Mr. Speaker, I thank Mr. Rogers for yielding me time. Mr. Speaker, this will be my last floor speech as a Member of the U.S. House of Representatives, and I am beyond proud that the last few minutes…

Trent Kelly
Rep. Trent KellyR-MS-1 · Dec 11, 2024

Mr. Speaker, I rise today in strong support of H.R. 5009, the Servicemember Quality of Life Improvement and National Defense Authorization Act for FY25. This legislation is crucial for enhancing our…

Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Dec 11, 2024

Mr. Speaker, I thank the chairman for his leadership, and I thank him for yielding, and I thank the ranking member, too, for the incredible work that they have done in a bipartisan way. As this year…

Donald Norcross
Rep. Donald NorcrossD-NJ-1 · Dec 11, 2024

Mr. Speaker, I thank Chairman Rogers and Ranking Member Smith for their continued leadership in bringing this bill to the floor. I also certainly thank the members of the subcommittee. Mr. Speaker,…

Doug Lamborn
Rep. Doug LambornR-CO-5 · Dec 11, 2024

Mr. Speaker, I rise today in strong favor of the fiscal year 2025 National Defense Authorization Act. This bill makes long- overdue improvements for the well-being of our servicemembers as well as…

Al Green
Rep. Al GreenD-TX-9 · Dec 11, 2024

Mr. Speaker, and still I rise. I rise today as a proud American who supports all who are willing to put their lives on the line to protect liberty and justice for all. This is why: I introduced H.R.…

Jennifer A. Kiggans
Rep. Jennifer A. KiggansR-VA-2 · Dec 11, 2024

Mr. Speaker, I rise today to voice my support for the National Defense Authorization Act for Fiscal Year 2025. Our men and women in uniform put their lives on the line for our country, and they…

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Joe Wilson
Rep. Joe WilsonR-SC-2 · Dec 11, 2024

Mr. Speaker, I am very grateful to support the National Defense Authorization Act. I appreciate so much the leadership of Chairman Mike Rogers and Ranking Member Adam Smith for their diligent work…

Ro Khanna
Rep. Ro KhannaD-CA-17 · Dec 11, 2024

Mr. Speaker, I thank Ranking Member Smith for his leadership. Also I want to thank Chair Rogers who has conducted the committee with bipartisanship. I got to travel with him, and he is fun to travel…

Jill N. Tokuda
Rep. Jill N. TokudaD-HI-2 · Dec 11, 2024

Mr. Speaker, the last-minute effort to deny critical healthcare to military children diagnosed with gender dysphoria is a shameful attack on military families who deserve better from their elected…

Zachary Nunn
Rep. Zachary NunnR-IA-3 · Dec 11, 2024

Mr. Speaker, I thank the chairman for his hard work on this year's National Defense Authorization Act. To my Navy allies who have just spoken prior, I am glad to have a little air support in the room…

Gregory F. Murphy
Rep. Gregory F. MurphyR-NC-3 · Dec 11, 2024

Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I rise today in support of the National Defense Authorization Act for Fiscal Year 2025 to fund our military and take care of our…

Jack Bergman
Rep. Jack BergmanR-MI-1 · Dec 11, 2024

Mr. Speaker, I rise in support of the National Defense Authorization Act for fiscal year 2025. I thank Chairman Rogers and Ranking Member Smith for their leadership in bringing this critical piece of…

Sara Jacobs
Rep. Sara JacobsD-CA-51 · Dec 11, 2024

Mr. Speaker, I am so proud to represent San Diego, the largest military community in the country that is home to over 118,000 servicemembers and their families. I know firsthand the recent challenges…

Mark Pocan
Rep. Mark PocanD-WI-2 · Dec 11, 2024

Mr. Speaker, there are plenty of reasons to support pay increases for military personnel but oppose the bloated $895 billion defense budget. My hope is that the DOGE commission will seriously…

Ronny Jackson
Rep. Ronny JacksonR-TX-13 · Dec 11, 2024

Mr. Speaker, the NDAA is one of the most important pieces of legislation we consider each year, and I am proud to support it this year. First, I thank Chairman Rogers for his outstanding leadership…

Dale W. Strong
Rep. Dale W. StrongR-AL-5 · Dec 11, 2024

Mr. Speaker, I thank Chairman Rogers for yielding. Mr. Speaker, I rise today in support of the National Defense Authorization Act and to thank Chairman Mike Rogers for his leadership. The district I…

James C. Moylan
Rep. James C. MoylanR-GU · Dec 11, 2024

Mr. Speaker, I urge my colleagues to support the people of Guam by voting ``yes'' on the 2025 NDAA. Guam is in the USINDOPACOM area. This bill authorizes $4 billion for economic activity on Guam, $2…

Bill Text

Latest available legislative text

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Introduced in HouseIssued January 9, 2023

I

118th CONGRESS

1st Session

H. R. 165

IN THE HOUSE OF REPRESENTATIVES

January 9, 2023

Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

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.

1.

Short title

This Act may be cited as the New Source Review Permitting Improvement Act.

2.

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—

(1)

by inserting (A) before The term;

(2)

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

(3)

by adding at the end the following:

(B)

Notwithstanding subparagraph (A), the term modification does not include a change at a stationary source that is designed—

(i)

to reduce the amount of any air pollutant emitted by the source per unit of production; or

(ii)

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.

.

3.

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:

(C)

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.

.

4.

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:

(4)

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.

.

5.

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.