I

107TH CONGRESS

1ST SESSION H. R. 1256

To amend the Clean Air Act to reduce emissions from electric powerplants,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mr. WAXMAN (for himself, Mr. BOEHLERT, Mr. MALONEY of Connecticut, Mr.

MCNULTY, Mr. HOEFFEL, Mr. MORAN of Virginia, Mrs. JONES of Ohio,

Ms. RIVERS, Mr. MCDERMOTT, Ms. JACKSON-LEE of Texas, Ms. MCKINNEY, Mr. FROST, Mr. JEFFERSON, Mr. KUCINICH, Mr. LEWIS of Georgia, Mr. WU, Mr. ANDREWS, Ms. SCHAKOWSKY, Ms. BALDWIN, Mr. CONYERS, Mr. BLAGOJEVICH, Mr. OLVER, Mr. GEORGE MILLER of California, Ms. WOOLSEY, Mr. GILCHREST, Ms. SOLIS, Mr. KENNEDY of

Rhode Island, Mr. SANDERS, Mr. SHAYS, Ms. MCCOLLUM, Mr. GILMAN,

Mr. INSLEE, Mr. SMITH of Washington, Mrs. MALONEY of New York,

Mrs. NAPOLITANO, Mrs. ROUKEMA, Mr. LANTOS, Ms. CARSON of Indiana, Mrs. TAUSCHER, Ms. LEE, Mrs. KELLY, Mr. DELAHUNT, Mr. FILNER, Mr. BERMAN, Mrs. JOHNSON of Connecticut, Mr. SABO, Mr.

WEXLER, Mr. PAYNE, Mr. SAXTON, and Mr. BLUMENAUER) introduced

the following bill; which was referred to the Committee on Energy and

Commerce

A BILL

To amend the Clean Air Act to reduce emissions from

electric powerplants, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Clean Smokestacks

3 Act of 2001’’.

4 SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS.

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

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

7 ‘‘SEC. 132. REDUCTION OF EMISSIONS FROM POWER8 PLANTS.

9 ‘‘(a) EMISSION REDUCTION OBJECTIVES.—The emis10 sion reduction objectives of this section are to reduce, not

11 later than January 1, 2007:

12 ‘‘(1) aggregate sulfur dioxide emissions from

13 powerplants by 75 percent from the levels allowed

14 under full implementation of the phase II sulfur di15 oxide requirements under title IV (relating to acid

16 deposition control);

17 ‘‘(2) aggregate nitrogen oxide emissions from

18 powerplants by 75 percent from 1997 levels;

19 ‘‘(3) aggregate carbon dioxide emissions from

20 powerplants to the level of carbon dioxide emissions

21 from powerplants in 1990; and

22 ‘‘(4) aggregate mercury emissions from power23 plants by 90 percent from the 1999 levels.

24 ‘‘(b) AGENCY ACTION.—

25 ‘‘(1) REGULATIONS.—
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1 ‘‘(A) IN GENERAL.—Not later than 2 years

2 after the date of enactment of this section, the

3 Administrator shall promulgate regulations to

4 achieve the emission reduction objectives speci5 fied in subsection (a).

6 ‘‘(B) ELEMENTS.—The regulations pro7 mulgated under subparagraph (A)—

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

9 manner that the Administrator determines

10 will allocate required emission reductions

11 equitably, taking into account emission re12 ductions achieved before the date of enact13 ment of this section and other relevant fac14 tors;

15 ‘‘(ii) may include, except in the case

16 of mercury, market-oriented mechanisms

17 (such as emissions trading based on gen18 eration performance standards, auctions,

19 or other allocation methods);

20 ‘‘(iii) shall prevent localized adverse

21 effects on public health and the environ22 ment and ensure that significant emission

23 reductions are achieved in both the East24 ern and Western regions of the United

25 States;
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1 ‘‘(iv) shall ensure that any captured

2 or recovered mercury is not rereleased into

3 the environment; and

4 ‘‘(v) shall, include, consistent with

5 achieving the objectives set forth in sub6 section (a), incentives for renewable en7 ergy.

8 ‘‘(2) INTERAGENCY COORDINATION TO MINI9 MIZE COSTS AND MAXIMIZE GAINS.—To minimize

10 the economic costs and maximize the economic gains

11 of achieving the emission reduction objectives speci12 fied in subsection (a), the Administrator shall co13 ordinate with other departments and agencies of

14 Federal and State government to increase energy ef15 ficiency, to increase the use of renewable energy, and

16 to implement cost saving advanced demand and sup17 ply side policies, such as those described in the re18 port prepared by the Interlaboratory Working Group

19 of the Department of Energy entitled ‘Scenarios for

20 a Clean Energy Future’, dated November 2000.

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

22 promulgated under subsection (b) may require additional

23 reductions in emissions from powerplants if the Adminis24 trator determines that the emission levels necessary to

25 achieve the emission reduction objectives specified in sub-
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1 section (a) are not reasonably anticipated to protect public

2 health or welfare.

3 ‘‘(d) MODERNIZATION OF OUTDATED POWER4 PLANTS.—

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

6 that is 30 years after a powerplant commenced oper7 ation or the date that is 5 years after the date of

8 enactment of this section, it shall comply with—

9 ‘‘(A) the most recent new source perform10 ance standards promulgated under section 111;

11 and

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

13 D that are applicable to modified sources.

14 ‘‘(2) ADDITIONAL REQUIREMENTS.—The re15 quirements of this subsection shall be in addition to

16 the requirements of the regulations promulgated

17 under subsection (b).

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

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

20 other requirement of this Act.

21 ‘‘(f) DEFINITION.—In this section, the term ‘power22 plant’ means an electric generation facility with a name23 plate capacity of 15 megawatts or more that uses a com24 bustion device to generate electricity for sale.’’.

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