Clarification of definition of construction and applicability of preconstruction requirements for prevention of significant deterioration

(a) Applicability to construction activities Section 165 of the Clean Air Act (42 U.S.C. 7475) is amended by adding at the end the following: (f) Applicability to construction (1) In general 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— (A) may be costly; (B) may significantly alter the site; (C) is permanent in nature; or (D) is to accommodate an installation to an emissions unit. (2) Definition of 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.. (b) Definition Section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is amended by striking subparagraph (C) and inserting the following: (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..