II 

112TH CONGRESS 

1ST SESSION S. 1833 

To provide additional time for compliance with, and coordinating of, the 

compliance schedules for certain rules of the Environmental Protection 

Agency. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2011 

Mr. MANCHIN (for himself, Mr. COATS, Mr. NELSON of Nebraska, and Mr. 

CORKER) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide additional time for compliance with, and coordinating of, the compliance schedules for certain rules of 

the Environmental Protection Agency. 

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 ‘‘Fair Compliance Act 

5 of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AFFECTED OWNER OR OPERATOR.—The 

5 term ‘‘affected owner or operator’’ means an owner 

6 or operator of an electric utility steam generating 

7 unit that is subject to— 

8 (A) any emissions standard for hazardous 

9 air pollutants from electric utility steam gener10 ating units that the Administrator may promul11 gate based on the proposed rule entitled ‘‘Na12 tional Emission Standards for Hazardous Air 

13 Pollutants From Coal- and Oil-Fired Electric 

14 Utility Steam Generating Units and Standards 

15 of Performance for Fossil-Fuel-Fired Electric 

16 Utility, Industrial-Commercial-Institutional, 

17 and Small Industrial-Commercial-Institutional 

18 Steam Generating Units’’ (76 Fed. Reg. 24976 

19 (May 3, 2011)); or 

20 (B) the final rule entitled ‘‘Federal Imple21 mentation Plans: Interstate Transport of Fine 

22 Particulate Matter and Ozone and Correction of 

23 SIP Approvals’’ (76 Fed. Reg. 48208 (August 

24 8, 2011)). 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

3 SEC. 3. COMPLIANCE PERIOD FOR UTILITY MACT STAND4 ARDS. 

5 (a) EXTENSION OF COMPLIANCE DATE.— 

6 (1) IN GENERAL.—Notwithstanding title I of 

7 the Clean Air Act (42 U.S.C. 7401 et seq.), the Ad8 ministrator shall provide an extension, for the period 

9 described in paragraph (2), of the deadline to com10 ply with any emissions standards for hazardous air 

11 pollutants from electric utility steam generating 

12 units that the Administrator may promulgate based 

13 on the proposed rule entitled ‘‘National Emission 

14 Standards for Hazardous Air Pollutants From Coal15 and Oil-Fired Electric Utility Steam Generating 

16 Units and Standards of Performance for Fossil17 Fuel-Fired Electric Utility, Industrial-Commercial18 Institutional, and Small Industrial-Commercial-Insti19 tutional Steam Generating Units’’ (76 Fed. Reg. 

20 24976 (May 3, 2011)). 

21 (2) DESCRIPTION OF EXTENSION PERIOD.—The 

22 period referred to in paragraph (1) is a period of not 

23 less than an additional 2 years, as measured begin24 ning on the final day of the applicable 3-year compliVerDate Mar 15 2010 01:55 Nov 10, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1833.IS S1833

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1 ance period required under section 112(i)(3)(A) of 

2 the Clean Air Act (42 U.S.C. 7412(i)(3)(A)). 

3 (b) SAVINGS CLAUSE.—Nothing in this section modi4 fies, limits, or otherwise affects the authority to extend 

5 the compliance schedule for any emissions standards de6 scribed in subsection (a)(1) pursuant to paragraph (3)(B) 

7 or (4) of section 112(i) of the Clean Air Act (42 U.S.C. 

8 7412(i)). 

9 SEC. 4. COMPLIANCE PERIOD FOR CROSS-STATE AIR POL10 LUTION RULE. 

11 (a) EXTENSION OF COMPLIANCE DATE.—Notwith12 standing title I of the Clean Air Act (42 U.S.C. 7401 et 

13 seq.), the Administrator shall— 

14 (1) provide adequate time for each State to 

15 adopt and submit plan revisions under section 110 

16 of that Act (42 U.S.C. 7410) for the implementation 

17 of the emissions reductions of sulfur dioxide and ni18 trogen oxides from electric utility steam generating 

19 units required by the final rule entitled ‘‘Federal Im20 plementation Plans: Interstate Transport of Fine 

21 Particulate Matter and Ozone and Correction of SIP 

22 Approvals’’ (76 Fed. Reg. 48208 (August 8, 2011)); 

23 and 

24 (2) extend the date by which each State shall 

25 implement the emissions reductions required by the 


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1 rule described in paragraph (1) until not earlier 

2 than— 

3 (A) January 1, 2015, for first phase of the 

4 emissions reductions; and 

5 (B) January 1, 2017, for the second phase 

6 of the emissions reductions. 

7 (b) SAVINGS CLAUSE.—Nothing in this section modi8 fies the effective date, or otherwise modifies, limits, or af9 fects the emissions reduction requirements, established by 

10 the rule described in subsection (a)(1). 

11 SEC. 5. EXPEDITIOUS IMPLEMENTATION OF EMISSIONS RE12 DUCTIONS. 

13 (a) IMPLEMENTATION PLAN.— 

14 (1) DEVELOPMENT.—In accordance with sub15 section (b), each affected owner or operator shall de16 velop a plan for the expeditious implementation of 

17 the applicable emissions reduction requirements 

18 specified in sections 3 and 4. 

19 (2) SUBMISSION.—Not later than December 1, 

20 2012, each affected owner or operator shall submit 

21 to the Administrator and the Secretary the imple22 mentation plan developed under paragraph (1). 

23 (b) REQUIREMENTS.—In developing an implementa24 tion plan under subsection (a)(1), an affected owner or 

25 operator shall— 


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1 (1) include all electric utility steam generating 

2 units under the common control of the affected 

3 owner or operator; 

4 (2) designate the units within the plan that are 

5 scheduled for permanent retirement or continued op6 eration through the planning period ending on De7 cember 31, 2018; 

8 (3) in accordance with subsection (c), provide a 

9 schedule that establishes— 

10 (A) in the case of each unit designated for 

11 permanent retirement under paragraph (2), the 

12 proposed date by which the unit will perma13 nently cease all operations to generate elec14 tricity; and 

15 (B) in the case of each unit designated for 

16 continued operation under paragraph (2), the 

17 intermediate milestones and the final comple18 tion date for the implementation of the control 

19 measures that are necessary to achieve compli20 ance with the applicable emissions reductions 

21 requirements specified in sections 3 and 4; and 

22 (4) in accordance with subsection (d), ensure 

23 that the implementation plan does not impair or 

24 threaten to impair the reliability of the local or re25 gional electricity system. 


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1 (c) ELEMENTS OF SCHEDULE.—The schedule re2 quired under subsection (b)(3) shall contain each of the 

3 following elements: 

4 (1) In the case of each unit designated for re5 tirement under subsection (b)(2), a proposed date 

6 for the permanent cessation of all operations to gen7 erate electricity in accordance with a schedule that— 

8 (A) is as expeditious as practicable; but 

9 (B) provides sufficient time for the imple10 mentation of any mitigation measures that may 

11 be necessary to ensure the reliability of the local 

12 or regional electricity system. 

13 (2) In the case of each unit designated for con14 tinued operation under subsection (b)(2)— 

15 (A) a description of the control measures 

16 that the affected owner or operator plans to im17 plement in order to comply with the applicable 

18 emissions reduction requirements specified in 

19 sections 3 and 4; 

20 (B) intermediate milestones (which may in21 clude applying for permits and regulatory ap22 provals, completing phases of the engineering 

23 design, placing orders for control equipment, 

24 commencing construction, and benchmarks for 

25 completion of major phases of construction) 


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1 that the affected owner or operator plans to 

2 meet in order to ensure the expeditious imple3 mentation of each control measure identified 

4 under subparagraph (A); and 

5 (C) a proposed date for completion of each 

6 control measure identified under subparagraph 

7 (A). 

8 (d) PROCEDURES FOR ENSURING ELECTRIC RELI9 ABILITY.— 

10 (1) REVIEW OF DRAFT PLAN.— 

11 (A) IN GENERAL.—Not later than July 1, 

12 2012, each affected owner or operator shall 

13 submit a draft implementation plan to the Elec14 tric Reliability Organization (as defined in sec15 tion 215(a) of the Federal Power Act (16 

16 U.S.C. 824o(a)) (referred to in this section as 

17 ‘‘ERO’’). 

18 (B) SCOPE OF REVIEW.—ERO, in con19 sultation with appropriate regional reliability 

20 organizations, shall— 

21 (i) review each implementation plan 

22 submitted under subparagraph (A); 

23 (ii) assess— 


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1 (I) the feasibility of the imple2 mentation of the combined plans for 

3 the region; and 

4 (II) the impacts of the combined 

5 schedules contained in those plans on 

6 the reliability and adequacy of the 

7 bulk power system; and 

8 (iii) recommend any revisions to the 

9 schedules contained in the implementation 

10 plans to provide adequate time for the im11 plementation of any mitigation measures 

12 that may be necessary to ensure the reli13 ability and adequacy of the bulk electric 

14 system. 

15 (2) MODIFICATION OF DRAFT PLAN.— 

16 (A) CONSULTATION.— 

17 (i) IN GENERAL.—ERO shall consult 

18 with each affected owner or operator that 

19 submits a draft implementation plan under 

20 paragraph (1)(A). 

21 (ii) REVISIONS.—Based on the con22 sultation under clause (i), ERO and the af23 fected owner or operator shall develop any 

24 revisions to the schedule contained in the 

25 draft plan of the affected owner or operVerDate Mar 15 2010 01:55 Nov 10, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1833.IS S1833

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1 ator that may be necessary to address the 

2 recommendations developed by ERO dur3 ing the review of the draft plan. 

4 (B) FINALIZATION OF DRAFT PLAN.—The 

5 consultations under this paragraph shall be 

6 completed as expeditiously as practicable to fa7 cilitate timely submission of the plans in ac8 cordance with subsection (a)(2). 

9 (e) ISSUANCE AND IMPLEMENTATION OF FINAL

10 PLANS.— 

11 (1) PUBLICATION.—Not later than 60 days 

12 after the date of submission of a draft plan to ERO 

13 under subsection (d)(1)(A), the Secretary shall pub14 lish and submit to the Administrator the final imple15 mentation plan. 

16 (2) IMPLEMENTATION.—Not later than March 

17 31, 2015, and annually thereafter through 2018, the 

18 Secretary shall submit to the Administrator an an19 nual report that describes the progress made during 

20 the reporting period on the expeditious implementa21 tion of the necessary emissions control measures in 

22 a manner that ensures the reliability of the local and 

23 regional electricity systems. 

24 (f) ANNUAL REPORTS.— 


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1 (1) REQUIREMENT.—Not later than December 

2 1, 2014, and annually thereafter, each affected 

3 owner or operator that has submitted an implemen4 tation plan under subsection (a)(2) shall submit to 

5 the Administrator and the Secretary a report de6 scribing the progress made during the reporting pe7 riod in implementing the plan, including— 

8 (A) all milestones achieved; and 

9 (B)(i) any deviations from the intermediate 

10 milestones established by the schedule contained 

11 in the plan; and 

12 (ii) all measures carried out to resume im13 plementation according to that schedule. 

14 (2) ADJUSTMENTS TO IMPLEMENTATION

15 PLAN.—If an affected owner or operator determines 

16 that an adjustment to any retirement date or the 

17 final date for completion of any control measure is 

18 necessary, the affected owner or operator— 

19 (A) may submit to the Administrator and 

20 the Secretary a request for a modification of 

21 the schedule contained in the implementation 

22 plan; and 

23 (B) shall develop, review, and obtain ap24 proval of the modified schedule in the same 


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1 manner as the initial implementation plan es2 tablished under this section. 

Æ 


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