```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2724 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2724

To amend the Clean Air Act to establish a national uniform multiple air 
    pollutant regulatory program for the electric generating sector.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2006

  Mr. Carper (for himself, Mr. Alexander, Mr. Chafee, Mr. Gregg, Mr. 
 Dodd, Mrs. Feinstein, and Mr. Graham) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Clean Air Act to establish a national uniform multiple air 
    pollutant regulatory program for the electric generating sector.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Air Planning 
Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Integrated air quality planning for the electric generating 
                            sector.
Sec. 4. New source review program.
Sec. 5. Revisions to sulfur dioxide allowance program.
Sec. 6. Air quality forecasts and warnings.
Sec. 7. Relationship to other law.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) fossil fuel-fired electric generating facilities, 
        consisting of facilities fueled by coal, fuel oil, and natural 
        gas, produce nearly \2/3\ of the electricity generated in the 
        United States;
            (2) fossil fuel-fired electric generating facilities 
        produce approximately \2/3\ of the total sulfur dioxide 
        emissions, \1/3\ of the total nitrogen oxides emissions, \1/3\ 
        of the total carbon dioxide emissions, and \1/3\ of the total 
        mercury emissions, in the United States;
            (3) the Clean Air Act (42 U.S.C. 7401 et seq.) regulates 
        substances (including carbon dioxide) that--
                    (A) are emitted into the ambient air; and
                    (B) affect the weather and the climate;
            (4)(A) many electric generating facilities have been exempt 
        from the emission limitations applicable to new units based on 
        the expectation that over time the units would be retired or 
        updated with new pollution control equipment; but
            (B) many of the exempted units continue to operate and emit 
        pollutants at relatively high rates;
            (5) pollution from existing electric generating facilities 
        can be reduced through adoption of modern technologies and 
        practices;
            (6) the full benefits of competition will not be realized 
        if the environmental impacts of generation of electricity are 
        not uniformly internalized;
            (7) the ability of owners of electric generating facilities 
        to effectively plan for the future is impeded by the 
        uncertainties surrounding future environmental regulatory 
        requirements that are imposed inefficiently on a piecemeal 
        basis; and
            (8) States and regions have increasingly adopted programs 
        to address carbon dioxide emissions from electric generating 
        facilities, and Federal regulations relating to carbon dioxide 
        emissions should take those programs into consideration.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect and preserve the environment and safeguard 
        public health by ensuring that substantial emission reductions 
        are achieved at fossil fuel-fired electric generating 
        facilities;
            (2) to significantly reduce the quantities of mercury, 
        carbon dioxide, sulfur dioxide, and nitrogen oxides that enter 
        the environment as a result of the combustion of fossil fuels;
            (3) to encourage the development and use of renewable 
        energy;
            (4) to internalize the cost of protecting the values of 
        public health, air, land, and water quality in the context of a 
        competitive market in electricity;
            (5) to provide a period of environmental regulatory 
        stability for owners and operators of electric generating 
        facilities so as to promote improved management of existing 
        assets and new capital investments; and
            (6) to achieve emission reductions from electric generating 
        facilities in a cost-effective manner.

SEC. 3. INTEGRATED AIR QUALITY PLANNING FOR THE ELECTRIC GENERATING 
              SECTOR.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at 
the end the following:

     ``TITLE VII--INTEGRATED AIR QUALITY PLANNING FOR THE ELECTRIC 
                           GENERATING SECTOR

``Sec. 701. Definitions.
``Sec. 702. National pollutant tonnage limitations.
``Sec. 703. Nitrogen oxide trading program.
``Sec. 704. Inlet mercury program.
``Sec. 705. Carbon dioxide allowance trading program.

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--
                    ``(A) Mercury.--The term `affected unit', with 
                respect to mercury, means a coal-fired electric 
                generating facility (including a cogeneration facility) 
                that--
                            ``(i) has a nameplate capacity greater than 
                        25 megawatts; and
                            ``(ii) generates electricity for sale.
                    ``(B) Nitrogen oxides and carbon dioxide.--The term 
                `affected unit', with respect to nitrogen oxides and 
                carbon dioxide, means a fossil fuel-fired electric 
                generating facility (including a cogeneration facility) 
                that--
                            ``(i) has a nameplate capacity greater than 
                        25 megawatts; and
                            ``(ii) generates electricity for sale.
                    ``(C) Sulfur dioxide.--The term `affected unit', 
                with respect to sulfur dioxide, has the meaning given 
                the term in section 402.
            ``(2) Carbon dioxide allowance.--The term `carbon dioxide 
        allowance' means an authorization allocated by the 
        Administrator under this title to emit 1 ton of carbon dioxide 
        during or after a specified calendar year.
            ``(3) Clean coal technology.--The term `clean coal 
        technology' means--
                    ``(A) an advanced pulverized coal technology;
                    ``(B) an atmospheric fluidized bed combustion 
                technology;
                    ``(C) a pressurized fluidized bed combustion 
                technology;
                    ``(D) a integrated gasification combined cycle 
                technology; and
                    ``(E) any other highly efficient and low-emitting 
                technology for the production of electricity using coal 
                or coal-based fuels.
            ``(4) Cogeneration facility.--The term `cogeneration 
        facility' means a facility that--
                    ``(A) cogenerates--
                            ``(i) steam; and
                            ``(ii) electricity; and
                    ``(B) supplies, on a net annual basis, to any 
                utility power distribution system for sale--
                            ``(i) more than \1/3\ of the potential 
                        electric output capacity of the facility; and
                            ``(ii) more than 25 megawatts of electrical 
                        output of the facility.
            ``(5) Covered unit.--The term `covered unit' means--
                    ``(A) an affected unit;
                    ``(B) a nuclear generating unit with respect to 
                incremental nuclear generation; and
                    ``(C) a renewable energy unit.
            ``(6) Greenhouse gas.--The term `greenhouse gas' means--
                    ``(A) carbon dioxide;
                    ``(B) methane;
                    ``(C) nitrous oxide;
                    ``(D) hydrofluorocarbons;
                    ``(E) perfluorocarbons; and
                    ``(F) sulfur hexafluoride.
            ``(7) Incremental nuclear generation.--The term 
        `incremental nuclear generation' means, as determined by the 
        Administrator and measured in megawatt hours, the difference 
        between--
                    ``(A) the quantity of electricity generated by a 
                nuclear generating unit in a calendar year; and
                    ``(B) the quantity of electricity generated by the 
                nuclear generating unit in calendar year 1990.
            ``(8) New renewable energy unit.--The term `new renewable 
        energy unit' means a renewable energy unit that has operated 
        for a period of not more than 3 years.
            ``(9) New unit.--The term `new unit' means an affected unit 
        that has operated for not more than 3 years and is not eligible 
        to receive--
                    ``(A) sulfur dioxide allowances under section 
                417(b);
                    ``(B) nitrogen oxide allowances under section 
                703(c)(2); or
                    ``(C) carbon dioxide allowances under section 
                705(e).
            ``(10) Nitrogen oxide allowance.--The term `nitrogen oxide 
        allowance' means an authorization allocated by the 
        Administrator under this title to emit 1 ton of nitrogen oxides 
        during or after a specified calendar year.
            ``(11) Nuclear generating unit.--The term `nuclear 
        generating unit' means an electric generating facility that--
                    ``(A) uses nuclear energy to supply electricity to 
                the electric power grid; and
                    ``(B) commenced operation in calendar year 1990 or 
                earlier.
            ``(12) Renewable energy.--The term `renewable energy' means 
        electricity generated from--
                    ``(A) wind;
                    ``(B) organic waste (excluding incinerated 
                municipal solid waste);
                    ``(C) biomass (including anaerobic digestion from 
                farm systems and landfill gas recovery);
                    ``(D) fuel cells; or
                    ``(E) a hydroelectric, geothermal, solar thermal, 
                photovoltaic, or other nonfossil fuel, nonnuclear 
                source.
            ``(13) Renewable energy unit.--The term `renewable energy 
        unit' means an electric generating facility that uses 
        exclusively renewable energy to supply electricity to the 
        electric power grid.
            ``(14) Sequestration.--The term `sequestration' means the 
        action of sequestering carbon by--
                    ``(A) enhancing a natural carbon sink (such as 
                through afforestation); or
                    ``(B)(i) capturing the carbon dioxide emitted from 
                a fossil fuel-based energy system; and
                    ``(ii)(I) storing the carbon in a geologic 
                formation; or
                    ``(II) converting the carbon to a benign solid 
                material through a biological or chemical process.
            ``(15) Sulfur dioxide allowance.--The term `sulfur dioxide 
        allowance' has the meaning given the term `allowance' in 
        section 402.

``SEC. 702. NATIONAL POLLUTANT TONNAGE LIMITATIONS.

    ``(a) Sulfur Dioxide.--The annual tonnage limitation for emissions 
of sulfur dioxide from affected units in the United States shall be 
equal to--
            ``(1) for each of calendar years 2010 through 2014, 
        4,500,000 tons; and
            ``(2) for calendar year 2015 and each calendar year 
        thereafter, 2,000,000 tons.
    ``(b) Nitrogen Oxides.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Zone 1 state.--The term `Zone 1 State' means 
                the District of Columbia or any of the States of 
                Alabama, Arkansas, Connecticut, Delaware, Florida, 
                Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, 
                Maine, Maryland, Massachusetts, Michigan, Minnesota, 
                Mississippi, Missouri, New Hampshire, New Jersey, New 
                York, North Carolina, Ohio, Pennsylvania, Rhode Island, 
                South Carolina, Tennessee, Texas, Vermont, Virginia, 
                West Virginia, and Wisconsin.
                    ``(B) Zone 2 state.--The term `Zone 2 State' means 
                any State within the 48 contiguous States that is not a 
                Zone 1 State.
            ``(2) Applicability.--
                    ``(A) Zone 1 prohibition.--
                            ``(i) In general.--Beginning on January 1, 
                        2009, it shall be unlawful for an affected unit 
                        in a Zone 1 State to emit a total amount of 
                        nitrogen oxides during a year in excess of the 
                        number of nitrogen oxide allowances held for 
                        the affected unit for that year by the owner or 
                        operator of the affected unit.
                            ``(ii) Limitation.--Only nitrogen oxide 
                        allowances under paragraph (3)(A) shall be held 
                        in order to meet the requirements of clause 
                        (i).
                    ``(B) Zone 2 prohibition.--
                            ``(i) In general.--Beginning on January 1, 
                        2010, it shall be unlawful for an affected unit 
                        in a Zone 2 State to emit a total amount of 
                        nitrogen oxides during a year in excess of the 
                        number of nitrogen oxide allowances held for 
                        the affected unit for that year by the owner or 
                        operator of the affected unit.
                            ``(ii) Limitation.--Only nitrogen oxide 
                        allowances under paragraph (3)(B) shall be held 
                        in order to meet the requirements of clause 
                        (i).
            ``(3) Limitations on total emissions.--
                    ``(A) Zone 1 limitations.--The Administrator shall 
                allocate an annual tonnage limitation for emissions of 
                nitrogen oxides from affected units in the Zone 1 
                States in an amount equal to--
                            ``(i) for each of calendar years 2009 
                        through 2014, 1,450,000 tons; and
                            ``(ii) for calendar year 2015 and each 
                        calendar year thereafter, 1,300,000 tons.
                    ``(B) Zone 2 limitations.--The Administrator shall 
                allocate an annual tonnage limitation for emissions of 
                nitrogen oxides from affected units in the Zone 2 
                States in an amount equal to--
                            ``(i) for each of calendar years 2010 
                        through 2014, 450,000 tons; and
                            ``(ii) for calendar year 2015 and each 
                        calendar year thereafter, 320,000 tons.
    ``(c) Mercury.--The emission of mercury from affected units shall 
be limited in accordance with section 704.
    ``(d) Carbon Dioxide.--Subject to section 705(c), the annual 
tonnage limitation for emissions of carbon dioxide from covered units 
in the United States shall be equal to, as determined by the 
Administrator based on certified and quality-assured continuous 
emissions monitoring data for carbon dioxide reported to the 
Administrator by affected units in accordance with this Act--
            ``(1) for each of calendar years 2010 through 2014, the 
        quantity of emissions projected to be emitted from affected 
        units in calendar year 2006; and
            ``(2) for calendar year 2015 and each calendar year 
        thereafter, the quantity of emissions emitted from affected 
        units in calendar year 2001.
    ``(e) Review of Annual Tonnage Limitations and Mercury Emissions 
Requirements.--
            ``(1) Determination by administrator.--Not later than 10 
        years after the date of enactment of this title, the 
        Administrator shall determine--
                    ``(A) after considering impacts on human health, 
                the environment, the economy, and costs, whether 1 or 
                more of the annual tonnage limitations should be 
                revised; and
                    ``(B) whether the mercury emission requirements 
                under section 704 should be revised in accordance with 
                the risk standards described in section 112(f)(2).
            ``(2) Determination not to revise.--If the Administrator 
        determines under paragraph (1) that none of the annual tonnage 
        limitations or mercury emissions requirements should be 
        revised, the Administrator shall publish in the Federal 
        Register a notice of the determination and the reasons for the 
        determination.
            ``(3) Determination to revise.--If the Administrator 
        determines under paragraph (1) that 1 or more of the annual 
        tonnage limitations or mercury emissions requirements should be 
        revised, the Administrator shall publish in the Federal 
        Register--
                    ``(A) not later than 10 years and 180 days after 
                the date of enactment of this title, proposed 
                regulations implementing the revisions; and
                    ``(B) not later than 11 years and 180 days after 
                the date of enactment of this title, final regulations 
                implementing the revisions.
            ``(4) Administration.--The duty of the Administrator to 
        make a determination under paragraph (1) shall be--
                    ``(A) considered to be a nondiscretionary duty;
                    ``(B) enforceable through a citizen suit under 
                section 304; and
                    ``(C) subject to rulemaking procedures and judicial 
                review under section 307.
    ``(f) Reduction of Emissions From Specified Affected Units.--
Notwithstanding the annual tonnage limitations and mercury emissions 
requirements established under this section, the Federal Government or 
a State government may require that emissions from a specified affected 
unit be reduced.

``SEC. 703. NITROGEN OXIDE TRADING PROGRAM.

    ``(a) Regulations.--
            ``(1) Promulgation.--
                    ``(A) In general.--Not later than January 1, 2007, 
                the Administrator shall promulgate regulations to 
                establish for affected units in the United States a 
                nitrogen oxide allowance trading program.
                    ``(B) Requirements.--Regulations promulgated under 
                subparagraph (A) shall establish requirements for the 
                allowance trading program under this section, including 
                requirements concerning--
                            ``(i)(I) the generation, allocation, 
                        issuance, recording, tracking, transfer, and 
                        use of nitrogen oxide allowances; and
                            ``(II) the public availability of all 
                        information concerning the activities described 
                        in subclause (I) that is not confidential;
                            ``(ii) compliance with subsection (e)(1);
                            ``(iii) the monitoring and reporting of 
                        emissions under paragraphs (2) and (3) of 
                        subsection (e); and
                            ``(iv) excess emission penalties under 
                        subsection (e)(4).
            ``(2) Mixed fuel, co-generation facilities and combined 
        heat and power facilities.--The Administrator shall promulgate 
        such regulations as are necessary to ensure the equitable 
        issuance of allowances to--
                    ``(A) facilities that use more than 1 energy source 
                to produce electricity; and
                    ``(B) facilities that produce electricity in 
                addition to another service or product.
    ``(b) New Unit Reserves.--
            ``(1) Establishment.--For each calendar year, based on 
        projections of electricity output from new units, the 
        Administrator, in consultation with the Secretary of Energy, 
        shall establish by regulation a reserve of nitrogen oxide 
        allowances to be set aside for use by new units that is not 
        less than 5 percent of the total allowances allocated to 
        affected units for the calendar year.
            ``(2) Unused allowances.--For each calendar year, the 
        Administrator shall reallocate, to all affected units, any 
        unused nitrogen oxide allowances from the new unit reserve 
        established under paragraph (1) in the proportion that--
                    ``(A) the number of allowances allocated to each 
                affected unit for the calendar year; bears to
                    ``(B) the number of allowances allocated to all 
                affected units for the calendar year.
    ``(c) Nitrogen Oxide Allocations.--
            ``(1) Timing of allocations.--The Administrator shall 
        allocate nitrogen oxide allowances to affected units--
                    ``(A)(i) not later than December 31, 2007, for 
                calendar year 2009 for all Zone 1 States; and
                    ``(ii) not later than December 31, 2007, for 
                calendar year 2010 for all Zone 2 States; and
                    ``(B) not later than December 31 of calendar year 
                2008 and each calendar year thereafter, for the fourth 
                calendar year that begins after that December 31.
            ``(2) Allocations to affected units that are not new 
        units.--
                    ``(A) Quantity of allowances.--
                            ``(i) Zone 1 states.--The Administrator 
                        shall allocate to each affected unit in a Zone 
                        1 State that is not a new unit a quantity of 
                        nitrogen oxide allowances in the proportion 
                        that--
                                    ``(I) the number of megawatt hours 
                                of electric power generated by the 
                                affected unit in the Zone 1 State; 
                                bears to
                                    ``(II) the number of megawatt hours 
                                of electric power generated by all 
                                affected units in all Zone 1 States.
                            ``(ii) Zone 2 states.--The Administrator 
                        shall allocate to each affected unit in a Zone 
                        2 State that is not a new unit a quantity of 
                        nitrogen oxide allowances in the proportion 
                        that--
                                    ``(I) the number of megawatt hours 
                                of electric power generated by the 
                                affected unit in the Zone 2 State; 
                                bears to
                                    ``(II) the number of megawatt hours 
                                of electric power generated by all 
                                affected units in all Zone 2 States.
                            ``(iii) Factors for consideration.--In 
                        allocating allowances under clauses (i) and 
                        (ii), the Administrator shall take into 
                        consideration the average megawatt hours of an 
                        affected unit, calculated for the most recent 
                        3-calendar year period for which data are 
                        available and updated each calendar year.
                    ``(B) Adjustment of allocations.--
                            ``(i) In general.--If, for any calendar 
                        year, the total quantity of allowances 
                        allocated under subparagraph (A) is not equal 
                        to the applicable quantity determined under 
                        clause (ii), the Administrator shall adjust the 
                        quantity of allowances allocated to affected 
                        units that are not new units on a pro-rata 
                        basis so that the quantity is equal to the 
                        applicable quantity determined under clause 
                        (ii).
                            ``(ii) Applicable quantity.--The applicable 
                        quantity referred to in clause (i) is the 
                        difference between--
                                    ``(I) the applicable annual tonnage 
                                limitation for emissions from affected 
                                units specified in section 702(b) for 
                                the calendar year; and
                                    ``(II) the quantity of nitrogen 
                                oxide allowances placed in the 
                                applicable new unit reserve established 
                                under subsection (b) for the calendar 
                                year.
            ``(3) Allocation to new units.--
                    ``(A) Methodology.--The Administrator shall 
                promulgate regulations to establish a methodology for 
                allocating nitrogen oxide allowances to new units.
                    ``(B) Quantity of nitrogen oxide allowances 
                allocated.--The Administrator shall determine the 
                quantity of nitrogen oxide allowances to be allocated 
                to each new unit based on the projected emissions from 
                the new unit.
            ``(4) Allowance not a property right.--A nitrogen oxide 
        allowance--
                    ``(A) is not a property right; and
                    ``(B) may be terminated or limited by the 
                Administrator.
            ``(5) No judicial review.--An allocation of nitrogen 
        allowances by the Administrator under this subsection shall not 
        be subject to judicial review.
    ``(d) Nitrogen Oxide Allowance Transfer System.--
            ``(1) Use of allowances.--The regulations promulgated under 
        subsection (a)(1)(A) shall--
                    ``(A) prohibit the use (but not the transfer in 
                accordance with paragraph (3)) of any nitrogen oxide 
                allowance before the calendar year for which the 
                allowance is allocated;
                    ``(B) provide that unused nitrogen oxide allowances 
                may be carried forward and added to nitrogen oxide 
                allowances allocated for subsequent years; and
                    ``(C) provide that unused nitrogen oxide allowances 
                may be transferred by--
                            ``(i) the person to which the allowances 
                        are allocated; or
                            ``(ii) any person to which the allowances 
                        are transferred.
            ``(2) Use by persons to which allowances are transferred.--
        Any person to which nitrogen oxide allowances are transferred 
        under paragraph (1)(C)--
                    ``(A) may use the nitrogen oxide allowances in the 
                calendar year for which the nitrogen oxide allowances 
                were allocated, or in a subsequent calendar year, to 
                demonstrate compliance with subsection (e)(1); or
                    ``(B) may transfer the nitrogen oxide allowances to 
                any other person for the purpose of demonstration of 
                that compliance.
            ``(3) Certification of transfer.--A transfer of a nitrogen 
        oxide allowance shall not take effect until a written 
        certification of the transfer, authorized by a responsible 
        official of the person making the transfer, is received and 
        recorded by the Administrator.
            ``(4) Permit requirements.--An allocation or transfer of 
        nitrogen oxide allowances to an affected unit shall, after 
        recording by the Administrator, be considered to be part of the 
        federally enforceable permit of the affected unit under this 
        Act, without a requirement for any further review or revision 
        of the permit.
    ``(e) Compliance and Enforcement.--
            ``(1) In general.--For calendar year 2009 and each calendar 
        year thereafter for Zone 1 States, and for calendar year 2010 
        and each calendar year thereafter for Zone 2 States, the 
        operator of each affected unit shall surrender to the 
        Administrator a quantity of nitrogen oxide allowances that is 
        equal to the total tons of nitrogen oxides emitted by the 
        affected unit during the calendar year.
            ``(2) Monitoring system.--The Administrator shall 
        promulgate regulations requiring the accurate monitoring of the 
        quantities of nitrogen oxides that are emitted from each 
        affected unit.
            ``(3) Reporting.--
                    ``(A) In general.--Not less often than quarterly, 
                the owner or operator of an affected unit shall submit 
                to the Administrator a report on the monitoring of 
                emissions of nitrogen oxides carried out by the owner 
                or operator in accordance with the regulations 
                promulgated under paragraph (2).
                    ``(B) Authorization.--Each report submitted under 
                subparagraph (A) shall be authorized by a responsible 
                official of the affected unit, who shall certify the 
                accuracy of the report.
                    ``(C) Public reporting.--The Administrator shall 
                make available to the public, through 1 or more 
                published reports and 1 or more forms of electronic 
                media, data concerning the emissions of nitrogen oxides 
                from each affected unit.
            ``(4) Excess emissions.--
                    ``(A) In general.--The owner or operator of an 
                affected unit that emits nitrogen oxides in excess of 
                the nitrogen oxide allowances that the owner or 
                operator holds for use for the affected unit for the 
                calendar year shall--
                            ``(i) pay an excess emissions penalty 
                        determined under subparagraph (B); and
                            ``(ii) offset the excess emissions by an 
                        equal quantity in the following calendar year 
                        or such other period as the Administrator shall 
                        prescribe.
                    ``(B) Determination of excess emissions penalty.--
                The excess emissions penalty for nitrogen oxides shall 
                be equal to the product obtained by multiplying--
                            ``(i) the number of tons of nitrogen oxides 
                        emitted in excess of the total quantity of 
                        nitrogen oxide allowances held; and
                            ``(ii) 2 times the average price of a 
                        nitrogen oxides allowance for the Zone and 
                        calendar year in which the excess emissions 
                        occurred, as determined by the Administrator.
    ``(f) Treatment of Existing Programs.--
            ``(1) Seasonal cap and trading program.--The provisions of 
        the rule of the Administrator entitled the `Clean Air 
        Interstate Rule' (70 Fed. Reg. 25,162) (May 12, 2005) providing 
        for the establishment of a seasonal emissions cap and ozone 
        trading program for oxides of nitrogen shall remain in full 
        force and effect.
            ``(2) Annual cap and trading program.--The provisions of 
        the rule referred to in paragraph (1) providing for the 
        establishment of an annual emissions cap and trading program 
        for oxides of nitrogen shall terminate on the later of--
                    ``(A) the effective date of the regulations 
                promulgated under this section; and
                    ``(B) January 1, 2009.

``SEC. 704. MERCURY PROGRAM.

    ``(a) Definition of Inlet Mercury.--In this section, the term 
`inlet mercury' means the quantity of mercury found--
            ``(1) in the as-fired coal of an affected unit; or
            ``(2) for an affected unit using coal that is subjected to 
        an advanced coal cleaning technology, in the as-mined coal of 
        the affected unit.
    ``(b) Annual Limitation for New Units.--An affected unit that 
commences operation during the 1-year period beginning on the date of 
enactment of this title shall be subject to the less stringent of the 
following emissions limitations on an annual calendar year basis with 
respect to inlet mercury:
            ``(1) 90 percent capture of inlet mercury.
            ``(2) An emission rate of 0.0060 lbs/GWh.
    ``(c) Annual Limitation for Existing Units.--An affected unit in 
operation on the date of enactment of this title shall be subject to 
the following emissions limitations on an annual calendar year basis 
with respect to inlet mercury:
            ``(1) Calendar years 2010 through 2014.--For the period 
        beginning January 1, 2010, and ending December 31, 2014, the 
        less stringent limitation of--
                    ``(A) 60 percent capture of inlet mercury; and
                    ``(B) an emission rate of 0.02 lbs/GWh.
            ``(2) Calendar year 2015 and thereafter.--Beginning January 
        1, 2015, the less stringent limitation of--
                    ``(A) 90 percent capture of inlet mercury; and
                    ``(B) an emission rate of 0.0060 lbs/GWh.
    ``(d) Averaging Across Units.--An owner or operator of an affected 
unit may demonstrate compliance with the annual limitations under 
subsections (b) and (c) by averaging emissions from all affected units 
at a single facility in operation on the date of enactment of this 
title.
    ``(e) Monitoring System.--The Administrator shall promulgate 
regulations requiring--
            ``(1) operation, reporting, and certification of continuous 
        emissions monitoring systems to accurately measure the quantity 
        of mercury that is emitted from each affected unit; and
            ``(2) verification and reporting of inlet mercury at each 
        affected unit.
    ``(f) Reporting.--
            ``(1) In general.--Not less often than quarterly, the owner 
        or operator of an affected unit shall submit to the 
        Administrator a report on the monitoring of emissions of inlet 
        mercury carried out by the owner or operator in accordance with 
        the regulations promulgated under subsection (e).
            ``(2) Authorization.--Each report submitted under paragraph 
        (1) shall be authorized by a responsible official of the 
        affected unit, who shall certify the accuracy of the report.
            ``(3) Public reporting.--The Administrator shall make 
        available to the public, through 1 or more published reports 
        and 1 or more forms of electronic media, data concerning the 
        emission of inlet mercury from each affected unit.
    ``(g) Excess Emissions.--
            ``(1) In general.--The owner or operator of an affected 
        unit that emits inlet mercury in excess of the emission 
        limitation described in subsection (b) shall pay an excess 
        emissions penalty determined under paragraph (2).
            ``(2) Determination of excess emissions penalty.--The 
        excess emissions penalty for inlet mercury shall be an amount 
        equal to $50,000 per day for each pound of inlet mercury 
        emitted in excess of the emission limitations for inlet mercury 
        described in subsections (b) and (c).
    ``(h) Previously Required Reductions.--For calendar year 2015 and 
each calendar year thereafter, in evaluating the quantity of inlet 
mercury emitted from an affected unit and determining whether to impose 
a penalty under subsection (g), the Administrator shall--
            ``(1) take into consideration any reduction in inlet 
        mercury emissions at the affected unit during the preceding 
        calendar year pursuant to any other Federal regulation or any 
        State regulation; and
            ``(2) adjust each applicable penalty accordingly.

``SEC. 705. CARBON DIOXIDE ALLOWANCE TRADING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Allowance.--The term `allowance' means--
                    ``(A) a carbon dioxide allowance;
                    ``(B) an offset allowance; or
                    ``(C) an early reduction allowance.
            ``(2) Early reduction allowance.--The term `early reduction 
        allowance' means a carbon dioxide allowance issued under 
        subsection (h) for a project in the United States to reduce 
        emissions of greenhouse gases or to sequester greenhouse gases 
        that is carried out in calendar years 2000 through 2010.
            ``(3) Offset allowance.--The term `offset allowance' means 
        a carbon dioxide allowance issued under subsection (g) for a 
        project to reduce emissions of greenhouse gases or to sequester 
        greenhouse gases.
    ``(b) Regulations.--
            ``(1) In general.--Not later than January 1, 2008, the 
        Administrator shall promulgate regulations to establish an 
        allowance trading program for covered units in the United 
        States.
            ``(2) Required elements.--Regulations promulgated under 
        paragraph (1) shall establish requirements for the carbon 
        dioxide allowance trading program under this section, including 
        requirements concerning--
                    ``(A) the allocation, issuance, and use of carbon 
                dioxide allowances;
                    ``(B) the issuance, certification, and use of 
                offset allowances;
                    ``(C) the issuance, certification, and use of early 
                reduction allowances;
                    ``(D) the transfer of allowances;
                    ``(E) the monitoring, tracking, and reporting of 
                carbon dioxide emissions;
                    ``(F) the public availability of carbon dioxide 
                emissions information;
                    ``(G) compliance and enforcement; and
                    ``(H) the reserve and allocation of carbon dioxide 
                allowances for new units and new renewable energy 
                units.
            ``(3) Interaction with department of agriculture.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Administrator shall promulgate 
                all regulations relating to offsets under this title.
                    ``(B) Offsets.--The Administrator, in consultation 
                with the Secretary of Agriculture, shall promulgate 
                regulations relating to offsets produced by 
                agricultural sequestration practices.
    ``(c) Carbon Dioxide Tonnage Limitation.--The annual tonnage 
limitation for emissions of carbon dioxide from affected units in the 
United States shall be equal to--
            ``(1) for each of calendar years 2010 through 2014, the 
        quantity of emissions projected to be emitted from affected 
        units in calendar year 2006, as determined by the Administrator 
        based on certified and quality-assured continuous emissions 
        monitoring data for carbon dioxide or based on data that the 
        Administrator determines to be of similar reliability for units 
        without continuous monitoring systems, reported to the 
        Administrator by affected units in accordance with this Act; 
        and
            ``(2) for calendar year 2015 and each calendar year 
        thereafter, the quantity of emissions emitted from affected 
        units in calendar year 2001, as determined by the Administrator 
        based on certified and quality-assured continuous emissions 
        monitoring data for carbon dioxide or based on data that the 
        Administrator determines to be of similar reliability for units 
        without continuous monitoring systems, reported to the 
        Administrator by affected units in accordance with this Act.
    ``(d) New Unit Reserve.--
            ``(1) Establishment.--For each calendar year, based on 
        projections of electricity output from new units, the 
        Administrator, in consultation with the Secretary of Energy, 
        shall establish by regulation a reserve of carbon dioxide 
        allowances to be allocated--
                    ``(A) to new affected units for the calendar year; 
                and
                    ``(B) to the clean coal technology reserve under 
                subsection (e).
            ``(2) Limitation.--The number of allowances allocated under 
        paragraph (1) during a calendar year shall be not more than 7 
        percent of the total number of allowances allocated to affected 
        units for the calendar year.
            ``(3) Unused allowances.--For each calendar year, the 
        Administrator shall reallocate, to all affected units, any 
        unused carbon dioxide allowances from the new unit reserve 
        established under paragraph (1) in the proportion that--
                    ``(A) the number of allowances allocated to each 
                affected unit for the calendar year; bears to
                    ``(B) the number of allowances allocated to all 
                affected units for the calendar year.
    ``(e) Incentives for Clean Coal Technology.--
            ``(1) Establishment.--The Administrator shall establish by 
        regulation a reserve of carbon dioxide allowances to be set 
        aside during a calendar year to encourage the deployment of 
        clean coal technologies.
            ``(2) Defining qualifying advanced clean coal 
        technologies.--
                    ``(A) In general.--Not later than July 1, 2008, the 
                Administrator, by regulation, shall establish criteria 
                and standards to define the term `qualifying advanced 
                clean coal technologies' with respect to electric power 
                generation.
                    ``(B) Requirement.--In establishing criteria and 
                standards under subparagraph (A), the Administrator 
                shall ensure that the qualifying advanced clean coal 
                technologies represent an advance in available 
                technology, taking into consideration--
                            ``(i) net thermal efficiency;
                            ``(ii) measures to capture and sequester 
                        carbon dioxide; and
                            ``(iii) output-based emission rates for--
                                    ``(I) carbon dioxide;
                                    ``(II) sulfur dioxide;
                                    ``(III) oxides of nitrogen;
                                    ``(IV) filterable and condensable 
                                particulate matter; and
                                    ``(V) mercury.
                    ``(C) Review and revision.--
                            ``(i) In general.--Not later than July 1, 
                        2009, and each July 1 thereafter through July 
                        1, 2014, the Administrator shall review and, if 
                        appropriate, revise the criteria and standards 
                        under subparagraph (A) based on technological 
                        advances during the preceding calendar year.
                            ``(ii) Notice and comment not required.--
                        Subject to clause (iii), after the initial 
                        criteria and standards are established under 
                        subparagraph (A), no subsequent review or 
                        revision under this subparagraph shall be 
                        subject to the notice and comment provisions of 
                        section 553 of title 5, United States Code.
                            ``(iii) Effect.--Nothing in clause (ii) 
                        precludes the application of the notice and 
                        comment provisions of section 553 of title 5, 
                        United States Code, as the Administrator 
                        determines to be practicable.
            ``(3) Treatment of correspondence.--The correspondence of 
        the Office of Air Quality Planning and Standards addressing 
        best available control technology requirements for proposed 
        coal-fired power plant projects and dated December 13, 2005--
                    ``(A) shall be considered to be inconsistent with 
                section 169(3); and
                    ``(B) shall be treated as void and of no effect as 
                of the date of issuance of the correspondence.
    ``(f) Carbon Dioxide Allowance Allocation to Covered Units That Are 
Not New Units or New Renewable Energy Units.--
            ``(1) Timing of allocations.--The Administrator shall 
        allocate carbon dioxide allowances to covered units that are 
        not new units or new renewable energy units--
                    ``(A) not later than December 31, 2007, for 
                calendar year 2010; and
                    ``(B) not later than December 31 of calendar year 
                2008 and each calendar year thereafter, for the fourth 
                calendar year that begins after that December 31.
            ``(2) Allocations.--
                    ``(A) In general.--The Administrator shall allocate 
                to each covered unit that is not a new unit or a new 
                renewable energy unit, a quantity of carbon dioxide 
                allowances that is equal to the product obtained by 
                multiplying--
                            ``(i) the quantity of carbon dioxide 
                        allowances available for allocation under 
                        subparagraph (B); and
                            ``(ii) the quotient obtained by dividing--
                                    ``(I) the annual average quantity 
                                of electricity generated by the unit 
                                during the most recent 3-calendar year 
                                period for which data are available, 
                                updated each calendar year and measured 
                                in megawatt hours; and
                                    ``(II) the total of the average 
                                quantities described in subclause (I) 
                                with respect to all such units.
                    ``(B) Quantity to be allocated.--For each calendar 
                year, the quantity of carbon dioxide allowances 
                allocated under subparagraph (A) to covered units that 
                are not new units or new renewable energy units shall 
                be equal to the difference between--
                            ``(i) the annual tonnage limitation for 
                        emissions of carbon dioxide from covered units 
                        specified in section 702(d) for the calendar 
                        year; and
                            ``(ii) the sum of--
                                    ``(I) the quantity of carbon 
                                dioxide allowances placed in the new 
                                unit reserve established under 
                                subsection (d) for the calendar year; 
                                and
                                    ``(II) the quantity of carbon 
                                dioxide allowances reserved to provide 
                                incentives for advanced clean coal 
                                technologies under subsection (e) for 
                                the calendar year.
    ``(g) Offset Allowances.--
            ``(1) In general.--Not later than January 1, 2008, the 
        Administrator shall promulgate regulations that provide for the 
        issuance, certification, and use of offset allowances for 
        greenhouse gas reduction or sequestration projects carried out 
        in the United States or any other country.
            ``(2) Required elements.--Regulations promulgated under 
        paragraph (1) shall establish requirements for the issuance, 
        certification, and use of offset allowances for greenhouse gas 
        reduction or sequestration projects, including requirements--
                    ``(A) that projects not cause or contribute to 
                adverse effects on human health or the environment;
                    ``(B) that projects result in greenhouse gas 
                reductions that are real, surplus, enforceable, 
                verifiable, permanent, and not used more than once, as 
                determined by the Administrator;
                    ``(C) for methodology for calculating the carbon 
                dioxide equivalent reductions attributable to projects;
                    ``(D) for the monitoring, reporting, and 
                verification of the greenhouse gas reductions from 
                projects;
                    ``(E) for accounting principles used to quantify 
                the greenhouse gas reductions of projects that 
                require--
                            ``(i) the consideration of all greenhouse 
                        gas impacts of a project;
                            ``(ii) the consistent application of 
                        accounting principles;
                            ``(iii) transparency;
                            ``(iv) to the maximum extent practicable, 
                        accuracy; and
                            ``(v) the use of conservative assumptions 
                        in cases in which uncertainties require the use 
                        of assumptions; and
                    ``(F) for conditions under which allowances traded 
                under any other United States or internationally 
                recognized carbon dioxide reduction program may be 
                used.
            ``(3) State offset allowances.--In promulgating regulations 
        under paragraph (1), the Administrator shall take into 
        consideration offset allowances issued by California or any 
        other State pursuant to the Regional Greenhouse Gas Initiative 
        or a similar regulatory program with a comparable offset 
        provision.
    ``(h) Early Reduction Allowances.--
            ``(1) In general.--Not later than January 1, 2008, the 
        Administrator shall promulgate regulations that provide for the 
        issuance, certification, and use of early reduction allowances 
        for greenhouse gas reduction or sequestration projects carried 
        out during calendar years 2000 through 2010.
            ``(2) Eligible projects.--A greenhouse gas reduction or 
        sequestration project shall be eligible for early reduction 
        allowances if the project--
                    ``(A) is carried out in the United States;
                    ``(B) meets the regulations promulgated by the 
                Administrator under paragraph (1) that the 
                Administrator determines to be applicable to the 
                project; and
                    ``(C) was reported--
                            ``(i) under section 1605(b) of the Energy 
                        Policy Act of 1992 (42 U.S.C. 13385(b)); or
                            ``(ii) to a State or regional greenhouse 
                        gas registry.
            ``(3) Limitation.--The quantity of early reduction 
        allowances available for greenhouse gas reduction or 
        sequestration projects in calendar years 2000 through 2010 
        shall not exceed 10 percent of the tonnage limitation for 
        calendar year 2011 for emissions of carbon dioxide from 
        affected units under subsection (c).
    ``(i) Use and Transfer of Allowances.--
            ``(1) Use in other carbon dioxide allowance trading 
        programs.--Allowances may be used in any other carbon dioxide 
        allowance trading program that is approved by the Administrator 
        for use of the allowances.
            ``(2) Use before applicable calendar year.--Allowances may 
        not be used before the calendar year for which the allowance 
        was allocated.
            ``(3) Transfer.--
                    ``(A) In general.--Notwithstanding paragraph (2), 
                allowances may be transferred before the calendar year 
                for which the allowances were allocated.
                    ``(B) Limitation.--The transfer of an allowance 
                shall not take effect until receipt and recording by 
                the Administrator of a written certification of the 
                transfer, which is executed by an authorized official 
                of the person making the transfer.
            ``(4) Use by persons to which carbon dioxide allowances are 
        transferred.--Any person to which carbon dioxide allowances are 
        transferred under paragraph (3)(A) may use the carbon dioxide 
        allowances in the calendar year for which the carbon dioxide 
        allowances were allocated, or in a subsequent calendar year, to 
        demonstrate compliance with subsection (j)(1).
            ``(5) Permit requirements.--An allocation or transfer of 
        allowances to an affected unit shall be considered to be part 
        of the federally enforceable permit of the affected unit under 
        this Act, without a requirement for further review or revision 
        of the permit.
    ``(j) Compliance and Enforcement.--
            ``(1) In general.--For calendar year 2011 and each calendar 
        year thereafter, the owner of each affected unit shall 
        surrender to the Administrator a quantity of allowances that is 
        equal to the total tons of carbon dioxide emitted by the 
        affected unit during the calendar year.
            ``(2) Penalty.--The owner of an affected unit that emits 
        carbon dioxide in excess of the allowances that the owner holds 
        for use for the affected unit for the calendar year shall pay 
        an excess emissions penalty equal to the product obtained by 
        multiplying--
                    ``(A) the number of tons of carbon dioxide emitted 
                in excess of the total quantity of allowances held; and
                    ``(B) $100, adjusted for changes in the Consumer 
                Price Index for All-Urban Consumers published by the 
                Department of Labor.
    ``(k) Allowance Not a Property Right.--An allowance--
            ``(1) is not a property right; and
            ``(2) may be terminated or limited by the Administrator.
    ``(l) No Judicial Review.--An allocation or issuance of an 
allowance by the Administrator shall not be subject to judicial 
review.''.

SEC. 4. NEW SOURCE REVIEW PROGRAM.

    Section 165 of the Clean Air Act (42 U.S.C. 7475) is amended by 
adding at the end the following:
    ``(f) Revisions to New Source Review Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Affected unit; covered unit.--The terms 
                `affected unit' and `covered unit' have the meanings 
                given the terms in section 701.
                    ``(B) New source review program.--The term `new 
                source review program' means the program to carry out 
                this part and part D.
            ``(2) Performance standards.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), beginning January 1, 2020, and on 
                each January 1 thereafter, each affected unit that has 
                been in operation 50 or more years as of that January 1 
                shall meet performance standards of--
                            ``(i) 2 lbs/MWh for sulfur dioxide; and
                            ``(ii) 1 lbs/MWh for nitrogen oxides.
                    ``(B) Exception.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), an affected unit that, as of 
                        January 1, 2020, is required to meet a more 
                        stringent performance standard than the 
                        applicable standard under subparagraph (A) 
                        shall continue to meet the more stringent 
                        standard.
                            ``(ii) Modification of affected units.--The 
                        requirements of this section shall not affect 
                        in any way any requirement under section 
                        111(a)(4), this part, or part D governing 
                        modifications of major stationary sources.
            ``(3) No effect on other requirements and retention of 
        state authority.--Nothing in this subsection affects--
                    ``(A) any State authority under section 116; or
                    ``(B) the obligation of any State or local 
                government or any major emitting facility to comply 
                with the requirements of this section.''.

SEC. 5. REVISIONS TO SULFUR DIOXIDE ALLOWANCE PROGRAM.

    (a) In General.--Title IV of the Clean Air Act (relating to acid 
deposition control) (42 U.S.C. 7651 et seq.) is amended by adding at 
the end the following:

``SEC. 417. REVISIONS TO SULFUR DIOXIDE ALLOWANCE PROGRAM.

    ``(a) Definitions.--In this section, the terms `affected unit' and 
`new unit' have the meanings given the terms in section 701.
    ``(b) Regulations.--Not later than January 1, 2007, the 
Administrator shall promulgate such revisions to the regulations to 
implement this title as the Administrator determines to be necessary to 
implement section 702(a).
    ``(c) New Unit Reserve.--
            ``(1) Establishment.--Subject to the annual tonnage 
        limitation for emissions of sulfur dioxide from affected units 
        specified in section 702(a), the Administrator shall establish 
        by regulation a reserve of allowances to be set aside for use 
        by new units.
            ``(2) Determination of quantity.--The Administrator, in 
        consultation with the Secretary of Energy, shall determine, 
        based on projections of electricity output for new units--
                    ``(A) not later than June 30, 2007, the quantity of 
                allowances required to be held in reserve for new units 
                for each of calendar years 2011 through 2015; and
                    ``(B) not later than June 30 of each fifth calendar 
                year thereafter, the quantity of allowances required to 
                be held in reserve for new units for the following 5-
                calendar year period.
            ``(3) Allocation.--
                    ``(A) Regulations.--The Administrator shall 
                promulgate regulations to establish a methodology for 
                allocating allowances to new units.
                    ``(B) No judicial review.--An allocation of 
                allowances by the Administrator under this subsection 
                shall not be subject to judicial review.
    ``(d) Existing Units.--
            ``(1) Allocation.--
                    ``(A) Regulations.--Subject to the annual tonnage 
                limitation for emissions of sulfur dioxide from 
                affected units specified in section 702(a), and subject 
                to the reserve of allowances for new units under 
                subsection (c), the Administrator shall promulgate 
                regulations to govern the allocation of allowances to 
                affected units that are not new units.
                    ``(B) Required elements.--The regulations shall 
                provide for--
                            ``(i) the allocation of allowances on a 
                        fair and equitable basis between affected units 
                        that received allowances under section 405 and 
                        affected units that are not new units and that 
                        did not receive allowances under that section, 
                        using for both categories of units the same or 
                        similar allocation methodology as was used 
                        under section 405; and
                            ``(ii) the pro-rata distribution of 
                        allowances to all units described in clause 
                        (i), subject to the annual tonnage limitation 
                        for emissions of sulfur dioxide from affected 
                        units specified in section 702(a).
            ``(2) Timing of allocations.--The Administrator shall 
        allocate allowances to affected units--
                    ``(A) not later than December 31, 2007, for 
                calendar year 2011; and
                    ``(B) not later than December 31 of calendar year 
                2008 and each calendar year thereafter, for the fourth 
                calendar year that begins after that December 31.
            ``(3) No judicial review.--An allocation of allowances by 
        the Administrator under this subsection shall not be subject to 
        judicial review.''.
    (b) Definition of Allowance.--Section 402 of the Clean Air Act 
(relating to acid deposition control) (42 U.S.C. 7651a) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Allowance.--The term `allowance' means an 
        authorization, allocated by the Administrator to an affected 
        unit under this title, to emit, during or after a specified 
        calendar year, a quantity of sulfur dioxide determined by the 
        Administrator and specified in the regulations promulgated 
        under section 417(b).''.
    (c) Technical Amendments.--
            (1) Title IV of the Clean Air Act (relating to noise 
        pollution) (42 U.S.C. 7641 et seq.)--
                    (A) is amended by redesignating sections 401 
                through 403 as sections 801 through 803, respectively; 
                and
                    (B) is redesignated as title VIII and moved to 
                appear at the end of that Act.
            (2) The table of contents for title IV of the Clean Air Act 
        (relating to acid deposition control) (42 U.S.C. prec. 7651) is 
        amended by adding at the end the following:

``Sec. 417. Revisions to sulfur dioxide allowance program.''.

SEC. 6. AIR QUALITY FORECASTS AND WARNINGS.

    (a) Requirement for Forecasts and Warnings.--The Secretary of 
Commerce, acting through the Administrator of the National Oceanic and 
Atmospheric Administration, in cooperation with the Administrator of 
the Environmental Protection Agency, shall issue air quality forecasts 
and air quality warnings as part of the mission of the Department of 
Commerce.
    (b) Regional Warnings.--In carrying out subsection (a), the 
Secretary of Commerce shall establish within the National Oceanic and 
Atmospheric Administration a program to provide region-oriented 
forecasts and warnings regarding air quality for each of the following 
regions of the United States:
            (1) The Northeast, composed of Connecticut, Maine, 
        Massachusetts, New Hampshire, New York, Rhode Island, and 
        Vermont.
            (2) The Mid-Atlantic, composed of Delaware, the District of 
        Columbia, Maryland, New Jersey, Pennsylvania, Virginia, and 
        West Virginia.
            (3) The Southeast, composed of Alabama, Florida, Georgia, 
        North Carolina, and South Carolina.
            (4) The South, composed of Arkansas, Louisiana, 
        Mississippi, Oklahoma, Tennessee, and Texas.
            (5) The Midwest, composed of Illinois, Indiana, Iowa, 
        Kentucky, Michigan, Minnesota, Missouri, Ohio, and Wisconsin.
            (6) The High Plains, composed of Kansas, Nebraska, North 
        Dakota, and South Dakota.
            (7) The Northwest, composed of Idaho, Montana, Oregon, 
        Washington, and Wyoming.
            (8) The Southwest, composed of Arizona, California, 
        Colorado, New Mexico, Nevada, and Utah.
            (9) Alaska.
            (10) Hawaii.
    (c) Priority Area.--In establishing the program described in 
subsection (a), the Secretary of Commerce and the Administrator shall 
identify and expand, to the maximum extent practicable, Federal air 
quality forecast and warning programs in effect as of the date of 
establishment of the program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 7. RELATIONSHIP TO OTHER LAW.

    (a) Regulation of Hazardous Air Pollutants.--Section 112(n)(1) of 
the Clean Air Act (42 U.S.C. 7412(n)(1)) is amended by striking 
subparagraph (A) and inserting the following:
                    ``(A) Regulations.--
                            ``(i) In general.--Not later than 18 months 
                        after the date of enactment of the Clean Air 
                        Planning Act of 2006, the Administrator shall 
                        promulgate regulations under this section 
                        limiting the emission from electric utility 
                        steam generating units of hazardous air 
                        pollutants, other than mercury, as the 
                        Administrator determines to be appropriate and 
                        necessary in accordance with the standards 
                        under subsection (b)(2).
                            ``(ii) Requirements.--The regulations under 
                        clause (i) shall--
                                    ``(I) require compliance with 
                                applicable standards as expeditiously 
                                as practicable, but not later than 3 
                                years after the effective date of the 
                                regulations; and
                                    ``(II) be in accordance with other 
                                applicable requirements under this 
                                section.
                            ``(iii) Effective date.--The regulations 
                        under clause (i) shall be effective on the date 
                        of promulgation of the regulations.''.
    (b) No Effect on Other Federal and State Requirements.--Except as 
otherwise specifically provided in this Act, nothing in this Act or an 
amendment made by this Act--
            (1) affects any permitting, monitoring, or enforcement 
        obligation of the Administrator of the Environmental Protection 
        Agency under the Clean Air Act (42 U.S.C. 7401 et seq.) or any 
        remedy provided under that Act;
            (2) affects any requirement applicable to, or liability of, 
        an electric generating facility under that Act;
            (3) requires a change in, affects, or limits any State law 
        that regulates electric utility rates or charges, including 
        prudence review under State law; or
            (4) precludes a State or political subdivision of a State 
        from adopting and enforcing any requirement for the control or 
        abatement of air pollution, except that a State or political 
        subdivision may not adopt or enforce any emission standard or 
        limitation that is less stringent than the requirements imposed 
        under that Act.
                                 <all>
```