S. 5363, Environmental Deregulation / Pollution Permitting Exemption. Quorum's AI analysis reads it as a net cost — and names who bears it.
S. 5363 · Net cost
What it does
This bill narrows the definition of what counts as a 'modification' or 'construction' under the Clean Air Act's New Source Review (NSR) program. It allows industrial facilities to make changes—including those that increase pollution—without triggering expensive permitting and pollution-control requirements, as long as the facility can claim the change is for efficiency, safety, reliability, or pollution reduction per unit of output. The bill effectively shields major polluters from NSR oversight by redefining when their operational changes require new environmental permits.
The analysis names petroleum refineries — and 4 more groups — among the beneficiaries.
The cost
The 'maximum hourly emission rate' test allows facilities to increase total annual emissions without triggering NSR, because the bill measures only peak hourly rates, not cumulative pollution. A facility could run dirtier for 8,000 hours per year without crossing the hourly threshold.
The analysis put a critical warning level on this bill. Transparency scores 35%, and the analysis found no provisions unrelated to the bill's subject.
Who is behind it
Filed by Jon Husted. Cosponsored by Cynthia Lummis.