H.R.161 - New Source Review Permitting Improvement Act (119th Congress)
Summary
H.R. 161, the New Source Review Permitting Improvement Act, aims to amend the Clean Air Act (CAA) by clarifying the definition of 'modification' and 'construction' at stationary sources. The bill seeks to refine when physical or operational changes at these sources trigger New Source Review (NSR) permitting requirements. The proposed changes intend to exclude certain changes, such as those that improve efficiency, safety, or reduce pollution per unit of production, from being classified as modifications, unless they lead to significant increases in hourly emission rates that adversely affect human health or the environment.
Expected Effects
The bill would likely reduce the number of instances where facilities are required to undergo the NSR permitting process. This could lead to decreased regulatory burdens for businesses and potentially faster implementation of projects aimed at improving efficiency or safety. However, it could also result in increased emissions if changes are not properly scrutinized, potentially impacting air quality and public health.
Potential Benefits
- Reduced regulatory burden for businesses, potentially leading to cost savings.
- Encourages efficiency and safety improvements at stationary sources by exempting certain projects from NSR.
- Could streamline the permitting process for projects that reduce pollution per unit of production.
- May spur investment in modernizing existing facilities.
- Clarifies the definition of 'modification' and 'construction,' providing more certainty for businesses.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased air pollution if changes are not properly scrutinized.
- Could weaken environmental protections by exempting certain projects from NSR.
- May lead to adverse effects on human health and the environment if emission increases are not adequately controlled.
- Could disproportionately impact communities located near stationary sources.
- The 'clarification' could be interpreted in ways that undermine the original intent of the Clean Air Act.
Constitutional Alignment
The bill primarily relates to Congress's power to regulate interstate commerce, as environmental regulations often fall under this purview (Article I, Section 8, Clause 3). The bill's impact on environmental quality and public health could also be linked to the general welfare clause. However, the specific amendments to the Clean Air Act do not directly implicate fundamental constitutional rights or the balance of power between the federal government and the states in a way that raises immediate constitutional concerns, assuming the regulations are applied uniformly and do not infringe on individual liberties.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).