IB 

Union Calendar No. 384 

115TH CONGRESS 

2D SESSION H. R. 1119 

[Report No. 115–514] 

To establish the bases by which the Administrator of the Environmental 

Protection Agency shall issue, implement, and enforce certain emission 

limitations and allocations for existing electric utility steam generating 

units that convert coal refuse into energy. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. ROTHFUS (for himself, Mr. THOMPSON of Pennsylvania, Mr. MCKINLEY, 

Mr. BARLETTA, and Mr. KELLY of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce 

JANUARY 12, 2018 

Additional sponsors: Mr. MURPHY of Pennsylvania and Mr. SHUSTER

JANUARY 12, 2018 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 16, 2017] 


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•HR 1119 RH

A BILL 

To establish the bases by which the Administrator of the 

Environmental Protection Agency shall issue, implement, 

and enforce certain emission limitations and allocations 

for existing electric utility steam generating units that 

convert coal refuse into energy. 


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•HR 1119 RH

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 ‘‘Satisfying Energy Needs 

5 and Saving the Environment Act’’ or the ‘‘SENSE Act’’. 

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

7 (a) DEFINITIONS.—In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

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

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

13 section 63.10042 of title 40, Code of Federal Regula14 tions, or any successor regulation. 

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

16 means any byproduct of coal mining, physical coal 

17 cleaning, or coal preparation operation that contains 

18 coal, matrix material, clay, and other organic and in19 organic material. 

20 (4) COAL REFUSE ELECTRIC UTILITY STEAM

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

22 utility steam generating unit’’ means an electric util23 ity steam generating unit that— 

24 (A) is in operation as of the date of enact25 ment of this Act; 


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1 (B) uses fluidized bed combustion technology 

2 to convert coal refuse into energy; and 

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

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

5 the unit. 

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

7 ‘‘coal refuse-fired facility’’ means all coal refuse elec8 tric utility steam generating units that are— 

9 (A) located on one or more contiguous or 

10 adjacent properties; 

11 (B) specified within the same Major Group 

12 (2-digit code), as described in the Standard In13 dustrial Classification Manual (1987); and 

14 (C) under common control of the same per15 son (or persons under common control). 

16 (6) ELECTRIC UTILITY STEAM GENERATING

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

18 unit’’ means an electric utility steam generating unit, 

19 as such term is defined in section 63.10042 of title 40, 

20 Code of Federal Regulations, or any successor regula21 tion. 

22 (b) EMISSION LIMITATIONS TO ADDRESS HYDROGEN

23 CHLORIDE AND SULFUR DIOXIDE AS HAZARDOUS AIR

24 POLLUTANTS.— 


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1 (1) APPLICABILITY.—For purposes of regulating 

2 emissions of hydrogen chloride or sulfur dioxide from 

3 a coal refuse electric utility steam generating unit 

4 under section 112 of the Clean Air Act (42 U.S.C. 

5 7412), the Administrator— 

6 (A) shall authorize the operator of such unit 

7 to elect that such unit comply with either— 

8 (i) an emissions standard for emissions 

9 of hydrogen chloride that meets the require10 ments of paragraph (2); or 

11 (ii) an emission standard for emissions 

12 of sulfur dioxide that meets the require13 ments of paragraph (2); and 

14 (B) may not require that such unit comply 

15 with both an emission standard for emissions of 

16 hydrogen chloride and an emission standard for 

17 emissions of sulfur dioxide. 

18 (2) RULES FOR EMISSION LIMITATIONS.— 

19 (A) IN GENERAL.—The Administrator shall 

20 require an operator of a coal refuse electric util21 ity steam generating unit to comply, at the elec22 tion of the operator, with no more than one of 

23 the following emission standards: 

24 (i) An emission standard for emissions 

25 of hydrogen chloride from such unit that is 


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1 no more stringent than an emission rate of 

2 0.002 pounds per million British thermal 

3 units of heat input. 

4 (ii) An emission standard for emis5 sions of hydrogen chloride from such unit 

6 that is no more stringent than an emission 

7 rate of 0.02 pounds per megawatt-hour. 

8 (iii) An emission standard for emis9 sions of sulfur dioxide from such unit that 

10 is no more stringent than an emission rate 

11 of 0.20 pounds per million British thermal 

12 units of heat input. 

13 (iv) An emission standard for emis14 sions of sulfur dioxide from such unit that 

15 is no more stringent than an emission rate 

16 of 1.5 pounds per megawatt-hour. 

17 (v) An emission standard for emissions 

18 of sulfur dioxide from such unit that is no 

19 more stringent than capture and control of 

20 93 percent of sulfur dioxide across the gen21 erating unit or group of generating units, 

22 as determined by comparing— 

23 (I) the expected sulfur dioxide 

24 generated from combustion of fuels 


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1 emissions calculated based upon as2 fired fuel samples, to 

3 (II) the actual sulfur dioxide 

4 emissions as measured by a sulfur di5 oxide continuous emission monitoring 

6 system. 

7 (B) MEASUREMENT.—An emission standard 

8 described in subparagraph (A) shall be measured 

9 as a 30 boiler operating day rolling average per 

10 coal refuse electric utility steam generating unit 

11 or group of coal refuse electric utility steam gen12 erating units located at a single coal refuse-fired 

13 facility. 

Amend the title so as to read: ‘‘A bill 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.’’. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 384 

115TH CONGRESS 

2D SESSION H. R. 1119 

[Report No. 115–514] 

A BILL 

To establish the bases by which the Administrator 

refuse into energy. utility steam generating units that convert coal limitations and allocations for existing electric issue, implement, and enforce certain emission of the Environmental Protection Agency shall 

JANUARY 12, 2018 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:06 Jan 12, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1119.RH H1119

sradovich on DSK3GMQ082PROD with BILLS