Press Release

#SubEnvironment Advances Bill to Reform NSR Permitting Program


WASHINGTON, DC – The Subcommittee on Environment, chaired by Rep. John Shimkus (R-IL), today held a markup on legislation to amend the Clean Air Act to provide much needed clarity to the New Source Review (NSR) permitting process.

H.R. 3128, the New Source Review Permitting Improvement Act of 2018, authored by Rep. Morgan Griffith (R-VA), passed #SubEnvironment, as amended, by a vote of 13-9.

  • H.R. 3128 clarifies which types of facility upgrades require an owner to obtain an NSR permit. This eliminates unnecessary red tape and provides more certainty to companies seeking to invest in and improve operations at existing facilities.
  • The bill was the subject of a May 2018 legislative hearing.

“An environmental program that discourages companies from carrying out environmentally beneficial projects is an environmental program that needs to be reformed, and that is exactly what Mr. Griffith’s legislation does,” said #SubEnvironment Chairman Shimkus. “Today’s bill makes the NSR program work better by clarifying that the only types of facility changes that require an NSR permit, are changes that increase a facility’s capacity to emit pollutants at a higher hourly rate. … This bill’s clarifications in the law will make it easier for companies to invest in, and modernize, existing facilities, leading to a stronger economy and more jobs.”

Energy and Commerce Committee Chairman Greg Walden (R-OR) said, “This bill simply adds much needed clarification into the law to say that a change at a facility that warrants this NSR review should be based on a maximum hourly emissions rate—a clear and objective measure, consistent with similar provisions in the Clean Air Act.”


A wide range of stakeholders have sent letters expressing support for the Energy and Commerce Committee’s NSR reform efforts including:

  • International Brotherhood of Boilermakers, Iron Ship Builders, et al.
  • International Brotherhood of Electrical Workers
  • International Association of Iron Workers, et al.
  • SMART – Transportation Division
  • Transportation Communications International Union
  • United Associations of Plumbers, Pipefitters, et al.
  • United Mine Workers of America National Association of Manufacturers
  • National Rural Electric Cooperative Association
  • American Public Power Association
  • American Forest & Paper Association
  • Portland Cement Association
  • American Iron and Steel Institute
  • National Mining Association
  • U.S. Chamber of Commerce
  • Pennsylvania Chamber of Business and Industry
  • American Energy Alliance
  • Citizens for Responsible Energy Solutions

Electronic copies of the legislation, amendment text, and vote tallies can be found on the committee’s website HERE.


Press Release