I 

111TH CONGRESS 

1ST SESSION H. R. 1841 

To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and 

mercury emissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2009 

Mr. MCHUGH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Natural Resources, Science and Technology, and Agriculture, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and mercury emissions, 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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Acid Rain and Mercury Control Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 


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Sec. 2. Findings and purposes. 

Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants. 

Sec. 4. Mercury emission reductions. 

Sec. 5. Effect on other law. 

Sec. 6. Protecting sensitive regional ecosystems. 

Sec. 7. Authorization of appropriations. 

Sec. 8. Modernization. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) reductions of atmospheric sulfur dioxide and 

4 nitrogen oxide from utility plants, in addition to the 

5 reductions required under the Clean Air Act (42 

6 U.S.C. 7401 et seq.), are needed to reduce acid dep7 osition and its serious adverse effects on public 

8 health, natural resources, building structures, sen9 sitive ecosystems, and visibility; 

10 (2) sulfur dioxide and nitrogen oxide contribute 

11 to the development of fine particulates, suspected of 

12 causing human mortality and morbidity to a signifi13 cant extent; 

14 (3) regional nitrogen oxide reductions of 75 

15 percent in the Eastern United States, in addition to 

16 the reductions required under the Clean Air Act, 

17 may be necessary to protect sensitive watersheds 

18 from the effects of nitrogen deposition; 

19 (4) since the Clean Air Act Amendments of 

20 1990 were enacted, some acidic lakes in the Adiron21 dacks in the State of New York have started to 


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1 slowly show chemical recovery from acid rain, dem2 onstrating that sulfur dioxide and nitrogen oxide 

3 regulations can be implemented in a cost-effective 

4 manner, but the recovery is progressing at a slower 

5 rate than originally intended; 

6 (5) nitrogen oxide is highly mobile and can lead 

7 to ozone formation hundreds of miles from the emit8 ting source; 

9 (6) on March 10, 2005, the Environmental Pro10 tection Agency (EPA) issued the Clean Air Inter11 state Rule (CAIR) to require additional reductions 

12 in sulfur dioxide and nitrogen oxide in 28 Eastern 

13 States and the District of Columbia; 

14 (7) these reductions represent approximately a 

15 70 percent reduction in sulfur dioxide and a 60 per16 cent reduction in nitrogen oxide in the affected 

17 States; 

18 (8) on July 11, 2008, the United States Court 

19 of Appeals for the District of Columbia Circuit va20 cated CAIR and on December 23, 2008, the same 

21 court remanded the rule back to the EPA without 

22 vacature; 

23 (9) fossil fuel-fired electric generating units 

emit approximately 1 24 ⁄3 of the total mercury emis25 sions in the United States; 


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1 (10) mercury is considered a neurotoxin which 

2 can bioaccumulate as it moves its way up the food 

3 chain and is especially harmful to young children 

4 and developing fetuses; 

5 (11) according to the EPA, there were 3,080 

6 fish advisories for mercury in 2006; there are over 

7 90 fish advisories for mercury in New York alone, 

8 with blanket warning for the Adirondack and Cats9 kill Mountains; 

10 (12) on March 15, 2005, EPA issued the Clean 

11 Air Mercury Rule (CAMR), which for the first time 

12 sought to regulate mercury emissions from power 

13 plants, but used a less restrictive cap-and-trade ap14 proach for this very harmful substance and would 

15 take a full decade to implement; 

16 (13) on February 8, 2008, the United States 

17 Court of Appeals for the District of Columbia Cir18 cuit vacated CAMR; and 

19 (14) on February 23, 2009, the Supreme Court 

20 denied a request to reconsider the decision. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to recognize the current scientific under23 standing that emissions of sulfur dioxide and nitro24 gen oxide, and the acid deposition resulting from 

25 emissions of sulfur dioxide and nitrogen oxide, 


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1 present a substantial human health and environ2 mental risk; 

3 (2) to require reductions in sulfur dioxide and 

4 nitrogen oxide emissions; 

5 (3) to support the efforts of existing acid rain 

6 and mercury monitoring programs located through7 out the country; 

8 (4) to reduce utility emissions of nitrogen oxide 

9 by 75 percent from 1997 levels; 

10 (5) to reduce utility emissions of sulfur dioxide 

11 by 75 percent after the implementation of phase II 

12 sulfur dioxide requirements under section 405 of the 

13 Clean Air Act (42 U.S.C. 7651d); and 

14 (6) to adopt a strict standard for mercury emis15 sions by power plants of 0.6 pounds per trillion Btu 

16 without allowing for a cap-and-trade system. 

17 SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN 

18 OXIDE EMISSIONS FROM POWERPLANTS. 

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

20 et seq.) is amended by adding at the end the following: 

21 ‘‘SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITRO22 GEN OXIDE EMISSIONS FROM POWERPLANTS. 

23 ‘‘(a) EMISSION REDUCTION OBJECTIVES.—The emis24 sion reduction objectives of this section are to reduce, not 

25 later than January 1, 2012— 


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1 ‘‘(1) aggregate sulfur dioxide emissions from 

2 powerplants by 75 percent from the levels allowed 

3 under full implementation of the Phase II sulfur di4 oxide requirements under title IV (relating to acid 

5 deposition control); and 

6 ‘‘(2) aggregate nitrogen oxide emissions from 

7 powerplants by 75 percent from 1997 levels. 

8 ‘‘(b) AGENCY ACTION.— 

9 ‘‘(1) REGULATIONS.— 

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

11 after the date of enactment of this section, the 

12 Administrator shall promulgate regulations to 

13 achieve the emission reduction objectives speci14 fied in subsection (a). 

15 ‘‘(B) ELEMENTS.—The regulations pro16 mulgated under subparagraph (A)— 

17 ‘‘(i) shall achieve the objectives in a 

18 manner that the Administrator determines 

19 will allocate required emission reductions 

20 equitably, taking into account emission re21 ductions achieved before the date of enact22 ment of this section and other relevant fac23 tors; 

24 ‘‘(ii) may include market-oriented 

25 mechanisms (such as emissions trading 


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1 based on generation performance stand2 ards, auctions, or other allocation meth3 ods); 

4 ‘‘(iii) shall prevent localized adverse 

5 effects on public health and the environ6 ment and ensure that significant emission 

7 reductions are achieved in both the East8 ern and Western regions of the United 

9 States; and 

10 ‘‘(iv) shall include, consistent with 

11 achieving the objectives set forth in sub12 section (a), incentives for renewable en13 ergy. 

14 ‘‘(2) INTERAGENCY COORDINATION TO MINI15 MIZE COSTS AND MAXIMIZE GAINS.—To minimize 

16 the economic costs and maximize the economic gains 

17 of achieving the emission reduction objectives speci18 fied in subsection (a), the Administrator shall co19 ordinate with other departments and agencies of 

20 Federal and State government to increase energy ef21 ficiency, to increase the use of renewable energy, and 

22 to implement cost saving advanced demand and sup23 ply side policies, such as those described in the re24 port prepared by the Interlaboratory Working Group 


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1 of the Department of Energy entitled ‘Scenarios for 

2 a Clean Energy Future’, dated November 2000. 

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

4 promulgated under subsection (b) may require additional 

5 reductions in emissions from powerplants if the Adminis6 trator determines that the emission levels necessary to 

7 achieve the emission reduction objectives specified in sub8 section (a) are not reasonably anticipated to protect public 

9 health or welfare. 

10 ‘‘(d) MODERNIZATION OF OUTDATED POWER11 PLANTS.— 

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

13 that is 30 years after a powerplant commenced oper14 ation or the date that is 5 years after the date of 

15 enactment of this section, it shall comply with— 

16 ‘‘(A) the most recent new source perform17 ance standards promulgated under section 111; 

18 and 

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

20 D that are applicable to modified sources. 

21 ‘‘(2) ADDITIONAL REQUIREMENTS.—The re22 quirements of this subsection shall be in addition to 

23 the requirements of the regulations promulgated 

24 under subsection (b). 


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

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

3 other requirement of this Act. 

4 ‘‘(f) DEFINITION.—In this section, the term ‘power5 plant’ means an electric generation facility with a name6 plate capacity of 25 megawatts or more that uses a com7 bustion device to generate electricity for sale.’’. 

8 SEC. 4. MERCURY EMISSION REDUCTIONS. 

9 The Clean Air Act (42 U.S.C. 7401 et seq.) is amend10 ed by adding at the end the following: 

11 ‘‘TITLE VII—MERCURY 

12 REDUCTIONS 

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. Mercury reduction program. 

‘‘Sec. 703. Prohibitions. 

13 ‘‘SEC. 701. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) AFFECTED UNIT.—The term ‘affected 

16 unit’ means a coal-fired electric generating facility 

17 (including a cogeneration facility) that— 

18 ‘‘(A) has a nameplate capacity greater 

19 than 25 megawatts; and 

20 ‘‘(B) generates electricity for sale. 

21 ‘‘(2) COGENERATION FACILITY.—The term ‘co22 generation facility’ means a facility that— 

23 ‘‘(A) cogenerates— 

24 ‘‘(i) steam; and 


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1 ‘‘(ii) electricity; and 

2 ‘‘(B) supplies, on a net annual basis, to 

3 any utility power distribution system for sale— 

‘‘(i) more than 1 4 ⁄3 of the potential 

5 electric output capacity of the facility; and 

6 ‘‘(ii) more than 25 megawatts of elec7 trical output of the facility. 

8 ‘‘SEC. 702. MERCURY REDUCTION PROGRAM. 

9 ‘‘(a) NEW UNIT REQUIREMENT.—Any affected unit 

10 that commences operation after December 31, 2010, shall 

11 be considered a new unit for the purposes of this section 

12 and shall not exceed the emission limit of 0.6 pounds mer13 cury per trillion Btu (0.6 lb Hg/TBtu) upon commence14 ment of operation. 

15 ‘‘(b) EXISTING UNIT REQUIREMENT.—Any affected 

16 unit that commences operation on or before December 31, 

17 2010, shall not exceed the emission limit of 0.6 pounds 

18 mercury per trillion Btu by January 1, 2013. 

19 ‘‘(c) MONITORING SYSTEM.—Not later than January 

20 1, 2011, the Administrator shall promulgate regulations 

21 requiring operation, reporting and certification of contin22 uous emissions monitoring systems (CEMS) to accurately 

23 measure the quantity of mercury that is emitted from each 

24 affected unit. 

25 ‘‘(d) EXCESS EMISSIONS.— 


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1 ‘‘(1) IN GENERAL.—The owner or operator of 

2 an affected unit that emits mercury in excess of the 

3 emission limitation described in subsections (b) and 

4 (c) shall pay an excess emissions penalty determined 

5 under paragraph (2). 

6 ‘‘(2) DETERMINATION OF EXCESS EMISSIONS

7 PENALTY.—The excess emissions penalty shall be an 

8 amount equal to $10,000 for each ounce of mercury 

9 emitted in excess of the emission limitations for mer10 cury described in subsections (b) and (c). 

11 ‘‘(e) PREVENTION OF MERCURY RE-RELEASE.—Not 

12 later than January 1, 2011, the Administrator shall pro13 mulgate regulations to ensure that any mercury captured 

14 or recovered by emission controls installed at an affected 

15 unit is not re-released into the environment. 

16 ‘‘SEC. 703. PROHIBITIONS. 

17 ‘‘It shall be unlawful— 

18 ‘‘(1) for the owner or operator of any electricity 

19 generating facility— 

20 ‘‘(A) to operate the electricity generating 

21 facility in noncompliance with the requirements 

22 of this title (including any regulations imple23 menting this title); 


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1 ‘‘(B) to fail to submit by the required date 

2 any emission allowances, or pay any penalty, for 

3 which the owner or operator is liable; 

4 ‘‘(C) to fail to provide and comply with any 

5 plan to offset excess emissions; or 

6 ‘‘(D) to emit mercury in excess of the 

7 emission limitations established under section 

8 702; or 

9 ‘‘(2) for any person to hold, use, or transfer 

10 any emission allowance allocated under this title ex11 cept in accordance with regulations promulgated by 

12 the Administrator.’’. 

13 SEC. 5. EFFECT ON OTHER LAW. 

14 Nothing in this Act— 

15 (1) affects the ability of a State to take State 

16 actions to further limit sulfur dioxide, nitrogen 

17 oxide, or mercury; and 

18 (2) except as expressly provided in this Act— 

19 (A) modifies or otherwise affects any re20 quirement of this Act in effect on the day be21 fore the date of enactment of this Act; or 

22 (B) relieves any person of the responsi23 bility to comply with this Act. 

24 SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS. 

25 (a) REPORT.— 


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1 (1) IN GENERAL.—Not later than December 31, 

2 2012, the Administrator shall submit to Congress a 

3 report identifying objectives for scientifically credible 

4 environmental indicators, as determined by the Ad5 ministrator of the Environmental Protection Agency, 

6 that are sufficient to protect and restore sensitive 

7 ecosystems of the Adirondack Mountains, mid-Appa8 lachian Mountains, Catskill Mountains, Rocky 

9 Mountains, and Southern Blue Ridge Mountains and 

10 water bodies of the Great Lakes, Lake Champlain, 

11 Long Island Sound, the Chesapeake Bay and other 

12 sensitive ecosystems, as determined by the Adminis13 trator. 

14 (2) UPDATED REPORT.—Not later than Decem15 ber 31, 2021, the Administrator shall submit to 

16 Congress a report updating the report under para17 graph (1) and assessing the status and trends of 

18 various environmental objectives and indicators for 

19 the sensitive regional ecosystems referred to in para20 graph (1). 

21 (3) REPORTS UNDER THE NATIONAL ACID PRE22 CIPITATION ASSESSMENT PROGRAM.—The reports 

23 under this subsection shall be subject to the require24 ments applicable to a report under section 


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1 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 

2 7403(j)(3)(E)). 

3 (b) REGULATIONS.— 

4 (1) DETERMINATION.—Not later than Decem5 ber 31, 2019, the Administrator shall determine 

6 whether emission reductions under title VII of the 

7 Clean Air Act are sufficient to ensure achievement 

8 of the objectives stated in subsection (a)(1). 

9 (2) PROMULGATION.—If the Administrator de10 termines under paragraph (1) that emission reduc11 tions under title VII of the Clean Air Act are not 

12 sufficient to ensure achievement of the objectives 

13 identified in subsection (a)(1), the Administrator 

14 shall promulgate, not later than 2 years after mak15 ing the finding, such regulations, including modifica16 tion of sulfur dioxide and nitrogen oxide allowance 

17 allocations or any such measure, as the Adminis18 trator determines are necessary to protect the sen19 sitive ecosystems described in subsection (a)(1). 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 In addition to amounts made available under any 

22 other law, there are authorized to be appropriated for each 

23 of fiscal years 2010 through 2020— 


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1 (1) for operational support of the National At2 mospheric Deposition Program National Trends 

3 Network— 

4 (A) $2,000,000 to the United States Geo5 logical Survey; 

6 (B) $600,000 to the Environmental Pro7 tection Agency; 

8 (C) $600,000 to the National Park Serv9 ice; and 

10 (D) $400,000 to the Forest Service; 

11 (2) for operational support of the National At12 mospheric Deposition Program Mercury Deposition 

13 Network— 

14 (A) $400,000 to the Environmental Pro15 tection Agency; 

16 (B) $400,000 to the United States Geo17 logical Survey; 

18 (C) $100,000 to the National Oceanic and 

19 Atmospheric Administration; and 

20 (D) $100,000 to the National Park Serv21 ice; 

22 (3) for the National Atmospheric Deposition 

23 Program Atmospheric Integrated Research Moni24 toring Network $1,500,000 to the National Oceanic 

25 and Atmospheric Administration; 


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1 (4) for the Clean Air Status and Trends Net2 work $5,000,000 to the Environmental Protection 

3 Agency; and 

4 (5) for the Temporally Integrated Monitoring of 

5 Ecosystems and Long-Term Monitoring Program 

6 $2,500,000 to the Environmental Protection Agency. 

7 SEC. 8. MODERNIZATION. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi9 tion to amounts made available under any other law, there 

10 are authorized to be appropriated— 

11 (1) for equipment and site modernization of the 

12 National Atmospheric Deposition Program National 

13 Trends Network $6,000,000 to the Environmental 

14 Protection Agency; 

15 (2) for equipment and site modernization and 

16 network expansion of the National Atmospheric 

17 Deposition Program Mercury Deposition Network 

18 $2,000,000 to the Environmental Protection Agency; 

19 (3) for equipment and site modernization and 

20 network expansion of the National Atmospheric 

21 Deposition Program Atmospheric Integrated Re22 search Monitoring Network $1,000,000 to the Na23 tional Oceanic and Atmospheric Administration; and 

24 (4) for equipment and site modernization and 

25 network expansion of the Clean Air Status and 


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1 Trends Network $4,600,000 to the Environmental 

2 Protection Agency. 

3 (b) AVAILABILITY OF AMOUNTS.—Each of the 

4 amounts appropriated under subsection (a) shall remain 

5 available until expended. 

Æ 


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