Summary
The New Source Review Permitting Improvement Act would change how the Environmental Protection Agency determines when industrial facilities must obtain new air quality permits. Currently, the EPA requires permits when facility modifications increase air pollution emissions. This bill would narrow that requirement by only treating a change as a modification if it increases the maximum hourly emission rate beyond what the facility achieved in the previous 10 years. The bill would also exempt certain changes designed to reduce pollution, improve safety, or maintain reliable operations from needing new permits, unless the EPA determines such changes would harm human health or the environment.
If enacted, this bill could reduce the number of industrial facility upgrades that trigger new environmental permitting requirements. For citizens, this might mean fewer regulatory delays for industrial projects, but potentially less stringent environmental oversight of facility changes. The practical impact would depend on how the EPA interprets and applies these new definitions. The bill has passed committee review and is eligible for a floor vote in the House.
AI-generated summary
Lifecycle of the Bill
Referred to the Subcommittee on Environment.
Jan 3, 2025
HearingHouseHearing6 witnesses
Sep 16, 2025 · 18:00
“From Gridlock to Growth: Permitting Reform Under the Clean Air Act.”
Committee
EnvironmentSummary
On September 16, 2025, the House Committee on Energy and Commerce Subcommittee on Environment held a hearing titled "From Gridlock to Growth: Permitting Reform Under the Clean Air Act." The hearing examined H.R. 161, the New Source Review Permitting Improvement Act, along with several other permitting reform bills. H.R. 161 modifies terminology for the EPA's New Source Review permitting program by changing when industrial facility modifications trigger permitting requirements. Under the bill, a modification would only require permitting if a facility's maximum hourly emission rate exceeds what it achieved during any hour in the preceding 10-year period. Changes designed to reduce emissions or improve safety and reliability would be exempt from permitting requirements. The hearing featured witnesses with differing perspectives. Supporters included state environmental officials and industry representatives such as Mark Gebbia from The Williams Company and representatives from the Arizona Chamber of Commerce and Micron. These witnesses argued that current permitting requirements hinder economic growth and discourage companies from making efficiency and environmental improvements. Opponents included Keri Powell from the Southern Environmental Law Center, who testified that the bill would weaken Clean Air Act protections and allow increased emissions without modern pollution controls. Powell emphasized that the Clean Air Act has successfully balanced economic growth with clean air for over 50 years. Committee leadership framed the hearing around concerns that outdated regulations are stifling U.S. economic growth and sending jobs overseas. However, a hearing does not guarantee the bill will advance. The subcommittee must decide whether to recommend the bill to the full committee for further consideration.
Video
Witnesses(6)
| Name | Position | Links |
|---|---|---|
| Mr. Ali MirzakhaliliOregon Department of Environmental Quality | Air Quality Division Administrator | |
| Mr. Clint WoodsIndiana Department of Environmental Management | Commissioner | |
| Mr. Danny SeidenArizona Chamber of Commerce Industry | President and CEO | |
| Mr. Mark GebbiaThe Williams Company | Vice President of Environmental, Regulatory, and Permitting | |
| Ms. Ashley KunzMicron | Senior Director Environmental, Health and Safety, Front-End U.S. Expansion | |
| Ms. Keri PowellSouthern Environmental Law Center | Senior Attorney for Community Health and Air Program Leader |
Subcommittee Consideration and Mark-up Session Held
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Dec 10, 2025
HearingHouseMarkup
Dec 10, 2025 · 15:15
Markup of 7 Bills
Committee
EnvironmentSummary
On December 10, 2025, the House Energy and Commerce Subcommittee on Environment held a markup of seven bills focused on reforming Clean Air Act permitting requirements. The bills examined were H.R. 161 (New Source Review Permitting Improvement Act), H.R. 6409 (FENCES Act), H.R. 6387 (FIRE Act), H.R. 6373 (Air Permitting Improvements to Protect National Security Act), H.R. 6398 (RED Tape Act), H.R. 4218 (CLEAR Act), and H.R. 4214 (Clean Air and Building Infrastructure Improvement Act). The bills propose various changes to streamline environmental permitting processes. H.R. 161 would clarify when industrial facility changes trigger permitting requirements under the New Source Review program. H.R. 6409 would prevent states from being penalized for air quality impacts caused by foreign emissions or natural events. H.R. 6387 addresses how air quality data influenced by wildfires and exceptional events are reviewed. H.R. 6373 aims to expedite permitting for national security purposes. The markup was a committee work session where members debated and voted on the bills rather than hearing external testimony. All seven bills advanced to the full Energy and Commerce Committee by roll call votes, with support ranging from 12 to 14 votes in favor and 10 to 11 votes opposed. The bills now move to the full committee for further consideration, though passage at that stage is not guaranteed.
Video
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
Jan 21, 2026
HearingHouseMarkup
Jan 21, 2026 · 15:15
Markup of 11 Bills
Summary
On January 21, 2026, the House Committee on Energy and Commerce held a full committee markup and advanced 11 bills to the full House of Representatives. Led by Chairman Brett Guthrie, the committee considered legislation addressing energy permitting reform, air quality regulations, and public safety communications. The bills included H.R. 2072, which extends timelines for hydropower project construction; H.R. 6409 (FENCES Act), addressing emissions regulations; H.R. 4218 (CLEAR Act); H.R. 5200 (Emergency Reporting Act); H.R. 5201 (Kari's Law Reporting Act); and several others focused on permitting improvements and national security. Chairman Guthrie stated the committee advanced legislation to reform permitting under the Clean Air Act, unleash American energy, and improve public safety communications. The bills received varying levels of support, with some passing by voice vote and others by roll call votes ranging from 25-46 yeas. The markup process allows the committee to consider and refine legislation before sending it to the full House, though passage in committee does not guarantee the bills will advance further in the legislative process.
Video
Referred to the Subcommittee on Environment.
Jan 3, 2025
HearingHouseHearing6 witnesses
Sep 16, 2025 · 18:00
“From Gridlock to Growth: Permitting Reform Under the Clean Air Act.”
Committee
EnvironmentSummary
On September 16, 2025, the House Committee on Energy and Commerce Subcommittee on Environment held a hearing titled "From Gridlock to Growth: Permitting Reform Under the Clean Air Act." The hearing examined H.R. 161, the New Source Review Permitting Improvement Act, along with several other permitting reform bills. H.R. 161 modifies terminology for the EPA's New Source Review permitting program by changing when industrial facility modifications trigger permitting requirements. Under the bill, a modification would only require permitting if a facility's maximum hourly emission rate exceeds what it achieved during any hour in the preceding 10-year period. Changes designed to reduce emissions or improve safety and reliability would be exempt from permitting requirements. The hearing featured witnesses with differing perspectives. Supporters included state environmental officials and industry representatives such as Mark Gebbia from The Williams Company and representatives from the Arizona Chamber of Commerce and Micron. These witnesses argued that current permitting requirements hinder economic growth and discourage companies from making efficiency and environmental improvements. Opponents included Keri Powell from the Southern Environmental Law Center, who testified that the bill would weaken Clean Air Act protections and allow increased emissions without modern pollution controls. Powell emphasized that the Clean Air Act has successfully balanced economic growth with clean air for over 50 years. Committee leadership framed the hearing around concerns that outdated regulations are stifling U.S. economic growth and sending jobs overseas. However, a hearing does not guarantee the bill will advance. The subcommittee must decide whether to recommend the bill to the full committee for further consideration.
Video
Witnesses(6)
| Name | Position | Links |
|---|---|---|
| Mr. Ali MirzakhaliliOregon Department of Environmental Quality | Air Quality Division Administrator | |
| Mr. Clint WoodsIndiana Department of Environmental Management | Commissioner | |
| Mr. Danny SeidenArizona Chamber of Commerce Industry | President and CEO | |
| Mr. Mark GebbiaThe Williams Company | Vice President of Environmental, Regulatory, and Permitting | |
| Ms. Ashley KunzMicron | Senior Director Environmental, Health and Safety, Front-End U.S. Expansion | |
| Ms. Keri PowellSouthern Environmental Law Center | Senior Attorney for Community Health and Air Program Leader |
Subcommittee Consideration and Mark-up Session Held
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Dec 10, 2025
HearingHouseMarkup
Dec 10, 2025 · 15:15
Markup of 7 Bills
Committee
EnvironmentSummary
On December 10, 2025, the House Energy and Commerce Subcommittee on Environment held a markup of seven bills focused on reforming Clean Air Act permitting requirements. The bills examined were H.R. 161 (New Source Review Permitting Improvement Act), H.R. 6409 (FENCES Act), H.R. 6387 (FIRE Act), H.R. 6373 (Air Permitting Improvements to Protect National Security Act), H.R. 6398 (RED Tape Act), H.R. 4218 (CLEAR Act), and H.R. 4214 (Clean Air and Building Infrastructure Improvement Act). The bills propose various changes to streamline environmental permitting processes. H.R. 161 would clarify when industrial facility changes trigger permitting requirements under the New Source Review program. H.R. 6409 would prevent states from being penalized for air quality impacts caused by foreign emissions or natural events. H.R. 6387 addresses how air quality data influenced by wildfires and exceptional events are reviewed. H.R. 6373 aims to expedite permitting for national security purposes. The markup was a committee work session where members debated and voted on the bills rather than hearing external testimony. All seven bills advanced to the full Energy and Commerce Committee by roll call votes, with support ranging from 12 to 14 votes in favor and 10 to 11 votes opposed. The bills now move to the full committee for further consideration, though passage at that stage is not guaranteed.
Video
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 23.
Jan 21, 2026
HearingHouseMarkup
Jan 21, 2026 · 15:15
Markup of 11 Bills
Summary
On January 21, 2026, the House Committee on Energy and Commerce held a full committee markup and advanced 11 bills to the full House of Representatives. Led by Chairman Brett Guthrie, the committee considered legislation addressing energy permitting reform, air quality regulations, and public safety communications. The bills included H.R. 2072, which extends timelines for hydropower project construction; H.R. 6409 (FENCES Act), addressing emissions regulations; H.R. 4218 (CLEAR Act); H.R. 5200 (Emergency Reporting Act); H.R. 5201 (Kari's Law Reporting Act); and several others focused on permitting improvements and national security. Chairman Guthrie stated the committee advanced legislation to reform permitting under the Clean Air Act, unleash American energy, and improve public safety communications. The bills received varying levels of support, with some passing by voice vote and others by roll call votes ranging from 25-46 yeas. The markup process allows the committee to consider and refine legislation before sending it to the full House, though passage in committee does not guarantee the bills will advance further in the legislative process.
Video
Congress
119th Congress
Introduced
Jan 3, 2025
