A bill to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction, and for other purposes.

S. 5363, introduced in the Senate on August 7, 2026, by Sen. Jon Husted (R-OH), would amend three sections of the Clean Air Act — sections 111, 169, and 171 — to clarify the rules for determining when a physical change at a stationary source of air pollution, or a change in how such a source is operated, counts as a "modification" or new "construction" under the Act. These distinctions matter because they determine whether a facility must go through new permitting and emissions-control requirements.

The bill would affect owners and operators of stationary sources of air pollution — such as industrial and power-generation facilities — that are subject to Clean Air Act permitting programs, since it would change how regulators classify certain physical or operational changes at those facilities. The bill's text has not yet been published, so the specific criteria it would establish, and how they would differ from current rules, are not yet known.

The bill was introduced on August 7, 2026, and its most recent recorded action is that introduction. As a newly introduced bill, it would next need to be considered by the relevant Senate committee before any further action, such as a committee vote, floor consideration, or passage, could occur. No committee assignment or further action has been reported yet.

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