I 

108TH CONGRESS 

1ST SESSION H. R. 2042

To amend the Clean Air Act to reduce emissions from electric powerplants, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2003

Mr. WAXMAN (for himself, Mr. BOEHLERT, Ms. SCHAKOWSKY, Mr. MCHUGH, 

Ms. VELA ́ZQUEZ, Mr. GILCHREST, Mr. DOGGETT, Mrs. JOHNSON of Connecticut, Mr. GRIJALVA, Mrs. KELLY, Mr. ALLEN, Mr. LOBIONDO, Mr. 

PALLONE, Mr. SAXTON, Mr. BISHOP of New York, Mr. SHAYS, Mr. 

DAVIS of Florida, and Mr. WALSH) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL

To amend the Clean Air Act to reduce emissions from 

electric powerplants, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Smokestacks 

5 Act of 2003’’. 

6 SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS. 

7 Part A of title I of the Clean Air Act (42 U.S.C. 7401 

8 et seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 132. REDUCTION OF EMISSIONS FROM POWER2 PLANTS. 

3 ‘‘(a) EMISSION REDUCTION OBJECTIVES.—The emis4 sion reduction objectives of this section are to reduce, not 

5 later than January 1, 2009: 

6 ‘‘(1) aggregate sulfur dioxide emissions from 

7 powerplants by 75 percent from the levels allowed 

8 under full implementation of the Phase II sulfur di9 oxide requirements under title IV (relating to acid 

10 deposition control); 

11 ‘‘(2) aggregate nitrogen oxide emissions from 

12 powerplants by 75 percent from 1997 levels; 

13 ‘‘(3) aggregate carbon dioxide emissions from 

14 powerplants to the level of carbon dioxide emissions 

15 from powerplants in 1990; and 

16 ‘‘(4) aggregate mercury emissions from power17 plants by 90 percent from the 1999 levels. 

18 ‘‘(b) AGENCY ACTION.—

19 ‘‘(1) REGULATIONS.—

20 ‘‘(A) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of this section, the 

22 Administrator shall promulgate regulations to 

23 achieve the emission reduction objectives speci24 fied in subsection (a). 

25 ‘‘(B) ELEMENTS.—The regulations pro26 mulgated under subparagraph (A)—
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1 ‘‘(i) shall achieve the objectives in a 

2 manner that the Administrator determines 

3 will allocate required emission reductions 

4 equitably, taking into account emission re5 ductions achieved before the date of enact6 ment of this section and other relevant fac7 tors; 

8 ‘‘(ii) may include, except in the case 

9 of mercury, market-oriented mechanisms 

10 (such as emissions trading based on gen11 eration performance standards, auctions, 

12 or other allocation methods); 

13 ‘‘(iii) shall prevent localized adverse 

14 effects on public health and the environ15 ment and ensure that significant emission 

16 reductions are achieved in both the East17 ern and Western regions of the United 

18 States; 

19 ‘‘(iv) shall ensure that any captured 

20 or recovered mercury is not rereleased into 

21 the environment; and 

22 ‘‘(v) shall, include, consistent with 

23 achieving the objectives set forth in sub24 section (a), incentives for renewable en25 ergy. 
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1 ‘‘(2) INTERAGENCY COORDINATION TO MINI2 MIZE COSTS AND MAXIMIZE GAINS.—To minimize 

3 the economic costs and maximize the economic gains 

4 of achieving the emission reduction objectives speci5 fied in subsection (a), the Administrator shall co6 ordinate with other departments and agencies of 

7 Federal and State government to increase energy ef8 ficiency, to increase the use of renewable energy, and 

9 to implement cost saving advanced demand and sup10 ply side policies, such as those described in the re11 port prepared by the Interlaboratory Working Group 

12 of the Department of Energy entitled ‘Scenarios for 

13 a Clean Energy Future’, dated November 2000. 

14 ‘‘(c) ADDITIONAL REDUCTIONS.—The regulations 

15 promulgated under subsection (b) may require additional 

16 reductions in emissions from powerplants if the Adminis17 trator determines that the emission levels necessary to 

18 achieve the emission reduction objectives specified in sub19 section (a) are not reasonably anticipated to protect public 

20 health or welfare. 

21 ‘‘(d) MODERNIZATION OF OUTDATED POWER22 PLANTS.—

23 ‘‘(1) IN GENERAL.—On the later of the date 

24 that is 30 years after a powerplant commenced oper-
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1 ation or the date that is 5 years after the date of 

2 enactment of this section, it shall comply with—

3 ‘‘(A) the most recent new source perform4 ance standards promulgated under section 111; 

5 and 

6 ‘‘(B) the requirements under parts C and 

7 D that are applicable to modified sources. 

8 ‘‘(2) ADDITIONAL REQUIREMENTS.—The re9 quirements of this subsection shall be in addition to 

10 the requirements of the regulations promulgated 

11 under subsection (b). 

12 ‘‘(e) OTHER REQUIREMENTS.—The requirements of 

13 this section shall be in addition to, and not in lieu of, any 

14 other requirement of this Act. 

15 ‘‘(f) DEFINITION.—In this section, the term ‘power16 plant’ means an electric generation facility with a name17 plate capacity of 15 megawatts or more that uses a com18 bustion device to generate electricity for sale.’’.

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