IIB 

115TH CONGRESS 

2D SESSION H. R. 1119 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2018 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To establish the bases by which the Administrator of the 

Environmental Protection Agency shall issue, implement, 

and enforce certain emission limitations for existing electric utility steam generating units that convert coal 

refuse into energy. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Satisfying Energy 

3 Needs and Saving the Environment Act’’ or the ‘‘SENSE 

4 Act’’. 

5 SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. 

6 (a) DEFINITIONS.—In this Act: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) BOILER OPERATING DAY.—The term ‘‘boiler 

11 operating day’’ has the meaning given such term in 

12 section 63.10042 of title 40, Code of Federal Regu13 lations, or any successor regulation. 

14 (3) COAL REFUSE.—The term ‘‘coal refuse’’ 

15 means any byproduct of coal mining, physical coal 

16 cleaning, or coal preparation operation that contains 

17 coal, matrix material, clay, and other organic and in18 organic material. 

19 (4) COAL REFUSE ELECTRIC UTILITY STEAM

20 GENERATING UNIT.—The term ‘‘coal refuse electric 

21 utility steam generating unit’’ means an electric util22 ity steam generating unit that— 

23 (A) is in operation as of the date of enact24 ment of this Act; 

25 (B) uses fluidized bed combustion tech26 nology to convert coal refuse into energy; and 


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1 (C) uses coal refuse as at least 75 percent 

2 of the annual fuel consumed, by heat input, of 

3 the unit. 

4 (5) COAL REFUSE-FIRED FACILITY.—The term 

5 ‘‘coal refuse-fired facility’’ means all coal refuse elec6 tric utility steam generating units that are— 

7 (A) located on one or more contiguous or 

8 adjacent properties; 

9 (B) specified within the same Major Group 

10 (2-digit code), as described in the Standard In11 dustrial Classification Manual (1987); and 

12 (C) under common control of the same 

13 person (or persons under common control). 

14 (6) ELECTRIC UTILITY STEAM GENERATING

15 UNIT.—The term ‘‘electric utility steam generating 

16 unit’’ means an electric utility steam generating 

17 unit, as such term is defined in section 63.10042 of 

18 title 40, Code of Federal Regulations, or any suc19 cessor regulation. 

20 (b) EMISSION LIMITATIONS TO ADDRESS HYDROGEN

21 CHLORIDE AND SULFUR DIOXIDE AS HAZARDOUS AIR

22 POLLUTANTS.— 

23 (1) APPLICABILITY.—For purposes of regu24 lating emissions of hydrogen chloride or sulfur diox25 ide from a coal refuse electric utility steam generVerDate Sep 11 2014 21:24 Mar 08, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1119.RFS H1119

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1 ating unit under section 112 of the Clean Air Act 

2 (42 U.S.C. 7412), the Administrator— 

3 (A) shall authorize the operator of such 

4 unit to elect that such unit comply with ei5 ther— 

6 (i) an emissions standard for emis7 sions of hydrogen chloride that meets the 

8 requirements of paragraph (2); or 

9 (ii) an emission standard for emis10 sions of sulfur dioxide that meets the re11 quirements of paragraph (2); and 

12 (B) may not require that such unit comply 

13 with both an emission standard for emissions of 

14 hydrogen chloride and an emission standard for 

15 emissions of sulfur dioxide. 

16 (2) RULES FOR EMISSION LIMITATIONS.— 

17 (A) IN GENERAL.—The Administrator 

18 shall require an operator of a coal refuse elec19 tric utility steam generating unit to comply, at 

20 the election of the operator, with no more than 

21 one of the following emission standards: 

22 (i) An emission standard for emissions 

23 of hydrogen chloride from such unit that is 

24 no more stringent than an emission rate of 


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1 0.002 pounds per million British thermal 

2 units of heat input. 

3 (ii) An emission standard for emis4 sions of hydrogen chloride from such unit 

5 that is no more stringent than an emission 

6 rate of 0.02 pounds per megawatt-hour. 

7 (iii) An emission standard for emis8 sions of sulfur dioxide from such unit that 

9 is no more stringent than an emission rate 

10 of 0.20 pounds per million British thermal 

11 units of heat input. 

12 (iv) An emission standard for emis13 sions of sulfur dioxide from such unit that 

14 is no more stringent than an emission rate 

15 of 1.5 pounds per megawatt-hour. 

16 (v) An emission standard for emis17 sions of sulfur dioxide from such unit that 

18 is no more stringent than capture and con19 trol of 93 percent of sulfur dioxide across 

20 the generating unit or group of generating 

21 units, as determined by comparing— 

22 (I) the expected sulfur dioxide 

23 generated from combustion of fuels 

24 emissions calculated based upon as25 fired fuel samples, to 


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1 (II) the actual sulfur dioxide 

2 emissions as measured by a sulfur di3 oxide continuous emission monitoring 

4 system. 

5 (B) MEASUREMENT.—An emission stand6 ard described in subparagraph (A) shall be 

7 measured as a 30 boiler operating day rolling 

8 average per coal refuse electric utility steam 

9 generating unit or group of coal refuse electric 

10 utility steam generating units located at a sin11 gle coal refuse-fired facility. 

Passed the House of Representatives March 8, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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