I 

110TH CONGRESS 

2D SESSION H. R. 5575 

To require new coal-fired electric generating units to use state-of-the-art 

control technology to capture and permanently sequester carbon dioxide 

emissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2008 

Mr. WAXMAN (for himself and Mr. MARKEY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require new coal-fired electric generating units to use 

state-of-the-art control technology to capture and permanently sequester carbon dioxide 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. 

4 This Act may be cited as the ‘‘Moratorium on Uncon5 trolled Power Plants Act of 2008.’’ 

6 SEC. 2. MORATORIUM. 

7 (a) CO2 SEQUESTRATION REQUIRED.—Effective 

8 upon the date of enactment of this Act, no permitting auVerDate Aug 31 2005 07:26 Mar 12, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5575.IH H5575

wwoods2 on PRODPC68 with BILLS
2 

•HR 5575 IH

1 thority shall issue a permit for a proposed new coal-fired 

2 electric generating unit under the Clean Air Act, unless 

3 the permit requires the unit to use state-of-the-art control 

4 technology to capture and permanently sequester carbon 

5 dioxide emissions from such unit. 

6 (b) DURATION OF MORATORIUM.—This moratorium 

7 shall apply until such time as a comprehensive program 

8 to reduce emissions of greenhouse gases is in effect. 

9 SEC. 3. GREENHOUSE GAS EMISSION ALLOWANCES. 

10 (a) ALLOWANCES.—No new coal-fired electric gener11 ating unit that— 

12 (1) commences construction after the date of 

13 introduction of this Act; and 

14 (2) does not install and operate state-of-the-art 

15 control technology to control carbon dioxide emis16 sions from such unit; 

17 shall receive greenhouse gas emission allowances free of 

18 charge or at any price less than the market price under 

19 any future program to address global warming adopted 

20 by Congress or the Environmental Protection Agency. 

21 (b) OTHER SOURCES.—Nothing shall be implied from 

22 this section with respect to the potential allocation of al23 lowances to any source not barred from receiving allow24 ances by the previous sentence. 


wwoods2 on PRODPC68 with BILLS
3 

•HR 5575 IH

1 SEC. 4. DEFINITIONS. 

2 For the purposes of this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) COAL-FIRED ELECTRIC GENERATING

7 UNIT.—The term ‘‘Coal-fired electric generating 

8 unit’’ means an electric utility unit that uses coal, 

9 petroleum coke, coal refuse, or a synthetic gas de10 rived from coal either exclusively, in any combination 

11 together, or in any combination with other fuels in 

12 any amount. 

13 (3) COMPREHENSIVE PROGRAM.—The term 

14 ‘‘Comprehensive program’’ means a program adopt15 ed by Congress or the Environmental Protection 

16 Agency that requires immediate and significant re17 ductions in greenhouse gas emissions across the U.S. 

18 economy and increases the reductions over time to 

19 reduce U.S. greenhouse gas emissions to 80 percent 

20 below 1990 levels by 2050. 

21 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

22 gas’’ means— 

23 (A) carbon dioxide; 

24 (B) methane; 

25 (C) nitrous oxide; 

26 (D) hydrofluorocarbons; 


wwoods2 on PRODPC68 with BILLS
4 

•HR 5575 IH

1 (E) perfluorocarbons; 

2 (F) sulfur hexafluoride; or 

3 (G) any other anthropogenically-emitted 

4 gas that the Administrator, after notice and 

5 comment, determines contributes to global 

6 warming to a non-negligible degree. 

7 (5) STATE-OF-THE-ART CONTROL TECH8 NOLOGY.—The term ‘‘state-of-the-art control tech9 nology’’ means technology that captures not less 

10 than 85 percent of the total carbon dioxide produced 

11 by the unit on an annual average basis and perma12 nently sequesters that carbon dioxide in a geological 

13 formation approved by the Administrator in a man14 ner that prevents its later release into the atmos15 phere. 

Æ 


wwoods2 on PRODPC68 with BILLS