II 

110TH CONGRESS 

1ST SESSION S. 1201 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 24, 2007 

Mr. SANDERS (for himself, Mr. LIEBERMAN, Mr. LEAHY, and Mr. FEINGOLD) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Power Act of 

5 2007’’. 

6 SEC. 2. ELECTRIC ENERGY GENERATION EMISSION REDUC7 TIONS. 

8 (a) IN GENERAL.—The Clean Air Act (42 U.S.C. 

9 7401 et seq.) is amended by adding at the end the fol10 lowing: 


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1 ‘‘TITLE VII—ELECTRIC ENERGY 

2 GENERATION EMISSION RE3 DUCTIONS 

‘‘Sec. 701. Findings. 

‘‘Sec. 702. Purposes. 

‘‘Sec. 703. Definitions. 

‘‘Sec. 704. Emission limitations. 

‘‘Sec. 705. Emission allowances. 

‘‘Sec. 706. Permitting and trading of emission allowances. 

‘‘Sec. 707. Emission allowance allocation. 

‘‘Sec. 708. Mercury emission limitations. 

‘‘Sec. 709. Other hazardous air pollutants. 

‘‘Sec. 710. Emission standards for affected units. 

‘‘Sec. 711. Low-carbon generation requirement. 

‘‘Sec. 712. Geological disposal of global warming pollutants. 

‘‘Sec. 713. Energy efficiency performance standard. 

‘‘Sec. 714. Renewable portfolio standard. 

‘‘Sec. 715. Standards to account for biological sequestration of carbon. 

‘‘Sec. 716. Effect of failure to promulgate regulations. 

‘‘Sec. 717. Prohibitions. 

‘‘Sec. 718. Modernization of electric generation facilities. 

‘‘Sec. 719. Condition for treatment of electric generation facilities after 2020. 

‘‘Sec. 720. Paramount interest waiver. 

‘‘Sec. 721. Relationship to other law. 

4 ‘‘SEC. 701. FINDINGS. 

5 ‘‘Congress finds that— 

6 ‘‘(1) public health and the environment con7 tinue to suffer as a result of pollution emitted by 

8 powerplants across the United States, despite the 

9 success of Public Law 101–549 (commonly known 

10 as the ‘Clean Air Act Amendments of 1990’) (42 

11 U.S.C. 7401 et seq.) in reducing emissions; 

12 ‘‘(2) according to the most reliable scientific 

13 knowledge, acid rain precursors must be significantly 

14 reduced for the ecosystems of the Northeast and 


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1 Southeast to recover from the ecological harm 

2 caused by acid deposition; 

3 ‘‘(3) because lakes and sediments across the 

4 United States are being contaminated by mercury 

5 emitted by powerplants, there is an increasing risk 

6 of mercury poisoning of aquatic habitats and fish7 consuming human populations; 

8 ‘‘(4) electricity generation accounts for approxi9 mately 40 percent of the total emissions in the 

10 United States of carbon dioxide, a major global 

11 warming pollutant causing global warming; 

12 ‘‘(5) the cumulative impact of powerplant emis13 sions on public and environmental health must be 

14 addressed swiftly by reducing those harmful emis15 sions to levels that are less threatening; 

16 ‘‘(6) 1,803,000,000 metric tons of carbon diox17 ide equivalent were emitted during 1990; 

18 ‘‘(7)(A) the atmosphere is a public resource; 

19 and 

20 ‘‘(B) emission allowances, representing permis21 sion to use that resource for disposal of air pollution 

22 from electricity generation, should be allocated to 

23 promote public purposes, including— 

24 ‘‘(i) protecting electricity consumers from 

25 adverse economic impacts; 


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1 ‘‘(ii) providing transition assistance to ad2 versely affected employees, communities, and 

3 industries; and 

4 ‘‘(iii) promoting clean energy resources and 

5 energy efficiency; 

6 ‘‘(8) an array of technological options exist for 

7 use in reducing global warming pollution emissions, 

8 and significant reductions can be attained using a 

9 portfolio of options that will not adversely impact 

10 the economy; 

11 ‘‘(9) the ingenuity of the people of the United 

12 States will allow the United States to become a lead13 er in solving global warming; and 

14 ‘‘(10) it should be a goal of the United States 

15 to achieve a reduction in global warming pollution 

16 emissions in the United States— 

17 ‘‘(A) to ensure that the average global 

18 temperature does not increase by more than 3.6 

19 degrees Fahrenheit (2 degrees Celsius); and 

20 ‘‘(B) to ensure the achievement of an aver21 age global atmospheric concentration of global 

22 warming pollutants that does not exceed 450 

23 parts per million in carbon dioxide equivalent. 

24 ‘‘SEC. 702. PURPOSES. 

25 ‘‘The purposes of this title are— 


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1 ‘‘(1) to alleviate the environmental and public 

2 health damage caused by emissions of sulfur dioxide, 

3 nitrogen oxides, global warming pollutants, and mer4 cury resulting from the combustion of fossil fuels in 

5 the generation of electric and thermal energy; 

6 ‘‘(2) to reduce the annual national emissions 

7 from electric generation facilities to not more than— 

8 ‘‘(A) for calendar years 2010 through 

9 2012— 

10 ‘‘(i) 2,250,000 tons of sulfur dioxide; 

11 and 

12 ‘‘(ii) 1,510,000 tons of nitrogen ox13 ides; and 

14 ‘‘(B) for calendar year 2013 and each cal15 endar year thereafter— 

16 ‘‘(i) 1,300,000 tons of sulfur dioxide; 

17 and 

18 ‘‘(ii) 900,000 tons of nitrogen oxides; 

19 ‘‘(3)(A) to reduce, by December 31, 2012, the 

20 annual national emissions of mercury from electric 

21 generation facilities to not more than 5 tons; and 

22 ‘‘(B) to the maximum extent practicable, to 

23 achieve a facility-specific reduction in emissions of 

24 mercury of more than 90 percent; 


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1 ‘‘(4) beginning in calendar year 2010, to reduce 

2 each calendar year the annual national emissions of 

3 global warming pollutants from electric generation 

4 facilities to achieve a reduction in emissions of global 

5 warming pollutants equal to— 

6 ‘‘(A) by December 31, 2011, not more 

7 than 2,300,000,000 metric tons of carbon diox8 ide equivalent; 

9 ‘‘(B) by December 31, 2015, not more 

10 than 2,100,000,000 metric tons of carbon diox11 ide equivalent; 

12 ‘‘(C) by December 31, 2020, not more 

13 than 1,803,000,000 metric tons of carbon diox14 ide equivalent; and 

15 ‘‘(D) by December 31, 2025, not more 

16 than 1,500,000,000 metric tons of carbon diox17 ide equivalent; 

18 ‘‘(5) to effectuate the reductions described in 

19 paragraphs (2) through (4) by— 

20 ‘‘(A) requiring electric generation facilities 

21 to comply with specified emission limitations by 

22 specified deadlines; and 

23 ‘‘(B) allowing electric generation facilities 

24 to meet the emission limitations (other than the 

25 emission limitation for mercury) through an alVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 ternative method of compliance consisting of an 

2 emission allowance and transfer system; 

3 ‘‘(6) to reduce, by December 31, 2050, emis4 sions from power plants of global warming pollut5 ants that cause global warming to facilitate the 

6 achievement of an economy-wide reduction, con7 sistent with the goal of stabilization of worldwide at8 mospheric concentrations of global warming pollut9 ants at 450 parts per million carbon dioxide equiva10 lent; and 

11 ‘‘(7) to encourage energy conservation, use of 

12 renewable and clean alternative technologies, and 

13 pollution prevention as long-range strategies, con14 sistent with this title, for reducing air pollution and 

15 other adverse impacts of energy generation and use. 

16 ‘‘SEC. 703. DEFINITIONS. 

17 ‘‘In this title: 

18 ‘‘(1) ACADEMY.—The term ‘Academy’ means 

19 the National Academy of Sciences. 

20 ‘‘(2) CARBON DIOXIDE EQUIVALENT.—The 

21 term ‘carbon dioxide equivalent’ means, for each 

22 global warming pollutant, the quantity of the global 

23 warming pollutant that makes the same contribution 

24 to global warming as 1 metric ton of carbon dioxide, 


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1 as determined by the Administrator, taking into con2 sideration the report described in section 705(d)(1). 

3 ‘‘(3) COVERED POLLUTANT.—The term ‘cov4 ered pollutant’ means— 

5 ‘‘(A) sulfur dioxide; 

6 ‘‘(B) any nitrogen oxide; 

7 ‘‘(C) mercury; and 

8 ‘‘(D) any global warming pollutant. 

9 ‘‘(4) ELECTRIC GENERATION FACILITY.—The 

10 term ‘electric generation facility’ means an electric 

11 or thermal electricity generating unit, a combination 

12 of such units, or a combination of 1 or more such 

13 units and 1 or more combustion devices, that— 

14 ‘‘(A) has a nameplate capacity of 25 

15 megawatts or more (or the equivalent in ther16 mal energy generation, determined in accord17 ance with a methodology developed by the Ad18 ministrator); 

19 ‘‘(B) generates electric energy, for sale, 

20 through combustion of fossil fuel; and 

21 ‘‘(C) emits a covered pollutant into the at22 mosphere. 

23 ‘‘(5) ELECTRICITY INTENSIVE PRODUCT.—The 

24 term ‘electricity intensive product’ means a product 

25 with respect to which the cost of electricity conVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 sumed in the production of the product represents 

2 more than 5 percent of the value of the product. 

3 ‘‘(6) EMISSION ALLOWANCE.—The term ‘emis4 sion allowance’ means a limited authorization to 

5 emit in accordance with this title— 

6 ‘‘(A) 1 ton of sulfur dioxide; 

7 ‘‘(B) 1 ton of nitrogen oxides; or 

8 ‘‘(C) 1 ton of global warming pollutant. 

9 ‘‘(7) ENERGY EFFICIENCY PROJECT.—The term 

10 ‘energy efficiency project’ means any specific action 

11 (other than ownership or operation of an energy effi12 cient building) commenced after the date of enact13 ment of this title— 

14 ‘‘(A) at a facility (other than an electric 

15 generation facility), that verifiably reduces the 

16 annual electricity or natural gas consumption 

17 per unit output of the facility, as compared 

18 with the annual electricity or natural gas con19 sumption per unit output that would be ex20 pected in the absence of an allocation of emis21 sion allowances (as determined by the Adminis22 trator); or 

23 ‘‘(B) by an entity that is primarily engaged 

24 in the transmission and distribution of elec25 tricity, that significantly improves the efficiency 


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1 of that type of entity, as compared with stand2 ards for efficiency developed by the Adminis3 trator, in consultation with the Secretary of En4 ergy, after the date of enactment of this title. 

5 ‘‘(8) ENERGY EFFICIENT BUILDING.—The term 

6 ‘energy efficient building’ means a residential build7 ing or commercial building completed after the date 

8 of enactment of this title for which the projected 

9 lifetime consumption of electricity or natural gas for 

10 heating, cooling, and ventilation is at least 30 per11 cent less than the lifetime consumption of a typical 

12 new residential building or commercial building, as 

13 determined by the Administrator (in consultation 

14 with the Secretary of Energy)— 

15 ‘‘(A) on a State or regional basis; and 

16 ‘‘(B) taking into consideration— 

17 ‘‘(i) applicable building codes; and 

18 ‘‘(ii) consumption levels achieved in 

19 practice by new residential buildings or 

20 commercial buildings in the absence of an 

21 allocation of emission allowances. 

22 ‘‘(9) ENERGY EFFICIENT PRODUCT.—The term 

23 ‘energy efficient product’ means a product manufac24 tured after the date of enactment of this title that 


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1 has an expected lifetime electricity or natural gas 

2 consumption that— 

3 ‘‘(A) is less than the average lifetime elec4 tricity or natural gas consumption for that type 

5 of product; and 

6 ‘‘(B) does not exceed the lesser of— 

7 ‘‘(i) the maximum energy consump8 tion that qualifies for the applicable En9 ergy Star label for that type of product; or 

10 ‘‘(ii) the average energy consumption 

11 of the most efficient 25 percent of that 

12 type of product manufactured in the same 

13 year. 

14 ‘‘(10) FACILITY.—The term ‘facility’ means any 

15 building, structure, or installation that is located— 

16 ‘‘(A) on 1 or more contiguous or adjacent 

17 properties under the common control of at least 

18 1 person; and 

19 ‘‘(B) in the United States. 

20 ‘‘(11) GLOBAL WARMING POLLUTANT.—The 

21 term ‘global warming pollutant’ means— 

22 ‘‘(A) carbon dioxide; 

23 ‘‘(B) methane; 

24 ‘‘(C) nitrous oxide; 

25 ‘‘(D) hydrofluorocarbons; 


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1 ‘‘(E) perfluorocarbons; 

2 ‘‘(F) sulfur hexafluoride; and 

3 ‘‘(G) any other anthropogenically-emitted 

4 gas that the Administrator, after notice and 

5 comment, determines to contribute to global 

6 warming. 

7 ‘‘(12) GLOBAL WARMING POLLUTION.—The 

8 term ‘global warming pollution’ means any combina9 tion of 1 or more global warming pollutants emitted 

10 into the ambient air or atmosphere. 

11 ‘‘(13) LIFETIME.—The term ‘lifetime’ means— 

12 ‘‘(A) in the case of a residential building 

13 that is an energy efficient building, 30 years; 

14 ‘‘(B) in the case of a commercial building 

15 that is an energy efficient building, 15 years; 

16 and 

17 ‘‘(C) in the case of an energy efficient 

18 product, a period determined by the Adminis19 trator to be the average life of that type of en20 ergy efficient product. 

21 ‘‘(14) MERCURY.—The term ‘mercury’ includes 

22 any mercury compound. 

23 ‘‘(15) NAS REPORT.—The term ‘NAS report’ 

24 means a report completed by the Academy under 

25 subsection (d)(1) or (e)(2) of section 705. 


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1 ‘‘(16) NONWESTERN REGION.—The term ‘non2 western region’ means the area of the States that is 

3 not included in the western region. 

4 ‘‘(17) RENEWABLE ELECTRICITY GENERATING

5 UNIT.—The term ‘renewable electricity generating 

6 unit’ means a unit that— 

7 ‘‘(A) has been in operation for 10 years or 

8 less; and 

9 ‘‘(B) generates electric energy by means 

10 of— 

11 ‘‘(i) wind; 

12 ‘‘(ii) biomass; 

13 ‘‘(iii) landfill gas; 

14 ‘‘(iv) a geothermal, solar thermal, or 

15 photovoltaic source; or 

16 ‘‘(v) a fuel cell operating on fuel de17 rived from a renewable source of energy. 

18 ‘‘(18) SMALL ELECTRIC GENERATION FACIL19 ITY.—The term ‘small electric generation facility’ 

20 means an electric or thermal electricity generating 

21 unit, or combination of units, that— 

22 ‘‘(A) has a nameplate capacity of less than 

23 25 megawatts (or the equivalent in thermal en24 ergy generation, determined in accordance with 

25 a methodology developed by the Administrator); 


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1 ‘‘(B) generates electric energy, for sale, 

2 through combustion of fossil fuel; and 

3 ‘‘(C) emits a covered pollutant into the at4 mosphere. 

5 ‘‘(19) WESTERN REGION.—The term ‘western 

6 region’ means the area comprising the States of Ari7 zona, California, Colorado, Idaho, Montana, Nevada, 

8 New Mexico, Oregon, Utah, Washington, and Wyo9 ming. 

10 ‘‘SEC. 704. CONDITION FOR TREATMENT OF ELECTRIC GEN11 ERATION FACILITIES AFTER 2020. 

12 ‘‘If, by December 31, 2012, Congress does not enact, 

13 and the President does not sign, an Act affecting at least 

14 85 percent of manmade sources of global warming pollu15 tion in the United States designed to reduce, on an econ16 omy-wide basis, the quantity of global warming pollutants 

17 emitted from those sources, the emissions limitations for 

18 electric generation facilities shall be successively decreased 

19 by at least 3 percent below the limitations required by this 

20 title for the preceding calendar year— 

21 ‘‘(1) for each of calendar years 2026 through 

22 2050; 

23 ‘‘(2) until, as determined by the Administrator, 

24 the purpose described in section 702(6) is achieved; 

25 or 


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1 ‘‘(3) until Congress enacts, and the President 

2 signs, such an Act. 

3 ‘‘SEC. 705. EMISSION LIMITATIONS. 

4 ‘‘(a) IN GENERAL.—Subject to subsections (b) 

5 through (e), the Administrator shall promulgate regula6 tions to ensure that the total annual emissions of covered 

7 pollutants from all electric generation facilities located in 

8 all States does not exceed— 

9 ‘‘(1) in the case of sulfur dioxide— 

10 ‘‘(A) in the western region— 

11 ‘‘(i) for calendar years 2010 through 

12 2012, 274,500 tons; and 

13 ‘‘(ii) for calendar year 2013 and each 

14 calendar year thereafter, 158,600 tons; 

15 and 

16 ‘‘(B) in the nonwestern region— 

17 ‘‘(i) for calendar years 2010 through 

18 2012, 1,975,500 tons; and 

19 ‘‘(ii) for calendar year 2013 and each 

20 calendar year thereafter, 1,141,400 tons; 

21 ‘‘(2) in the case of nitrogen oxides— 

22 ‘‘(A) for calendar years 2010 through 

23 2012, 1,510,000 tons; and 

24 ‘‘(B) for calendar year 2013 and each cal25 endar year thereafter, 900,000 tons; 


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1 ‘‘(3) in the case of global warming pollutants, 

2 beginning in calendar year 2010, a quantity to be 

3 reduced each calendar year to achieve a reduction in 

4 emissions of global warming pollutants equal to— 

5 ‘‘(A) by December 31, 2011, not more 

6 than 2,300,000,000 metric tons of carbon diox7 ide equivalent; 

8 ‘‘(B) by December 31, 2015, not more 

9 than 2,100,000,000 metric tons of carbon diox10 ide equivalent; 

11 ‘‘(C) by December 31, 2020, not more 

12 than 1,803,000,000 metric tons of carbon diox13 ide equivalent; and 

14 ‘‘(D) by December 31, 2025, not more 

15 than 1,500,000,000 metric tons of carbon diox16 ide equivalent; and 

17 ‘‘(4) in the case of mercury, by December 31, 

18 2012, and during each calendar year thereafter, the 

19 lower of, as applicable— 

20 ‘‘(A) 5 tons; and 

21 ‘‘(B) to the maximum extent practicable, 

22 with respect to an electric generation facility, a 

23 quantity of mercury emissions that represents 

24 more than a 90-percent reduction of emissions 

25 of mercury by the electric generation facility, as 


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1 compared to the average emissions of mercury 

2 during calendar years 2009 through 2011. 

3 ‘‘(b) EXCESS EMISSIONS BASED ON UNUSED AL4 LOWANCES.—The regulations promulgated under sub5 section (a) shall authorize emissions of covered pollutants 

6 in excess of the national emission limitations established 

7 under that subsection for a calendar year to the extent 

8 that the number of tons of the excess emissions is less 

9 than or equal to the number of emission allowances that 

10 are— 

11 ‘‘(1) used in the calendar year; but 

12 ‘‘(2) allocated for any preceding calendar year 

13 under section 708. 

14 ‘‘(c) REDUCTIONS.—For calendar year 2010 and 

15 each calendar year thereafter, the quantity of emissions 

16 specified for each covered pollutant in subsection (a) shall 

17 be reduced by the sum of— 

18 ‘‘(1) the number of tons of the covered pollut19 ant that were emitted by small electric generation 

20 facilities in the second preceding calendar year; and 

21 ‘‘(2) any number of tons of reductions in emis22 sions of the covered pollutant required under section 

23 706(h). 

24 ‘‘(d) ACCELERATED GLOBAL WARMING POLLUTION

25 EMISSIONS LIMITATIONS.— 


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1 ‘‘(1) ACADEMY REPORT ON GLOBAL CHANGE

2 EVENTS.— 

3 ‘‘(A) IN GENERAL.—The Administrator 

4 shall offer to enter into a contract with the 

5 Academy under which the Academy, not later 

6 than 2 years after the date of enactment of this 

7 title, and every 3 years thereafter, shall submit 

8 to Congress and the Administrator a report 

9 that describes whether any event described in 

10 subparagraph (B)— 

11 ‘‘(i) has occurred or is more likely 

12 than not to occur in the foreseeable future; 

13 and 

14 ‘‘(ii) in the judgment of the Academy, 

15 is the result of anthropogenic climate 

16 change. 

17 ‘‘(B) EVENTS.—The events referred to in 

18 subparagraph (A) are— 

19 ‘‘(i) the exceedance of an atmospheric 

20 concentration of global warming pollutants 

21 of 450 parts per million in carbon dioxide 

22 equivalent; and 

23 ‘‘(ii) an increase of global average 

24 temperatures in excess of 3.6 degrees 


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1 Fahrenheit (2 degrees Celsius) above the 

2 preindustrial average. 

3 ‘‘(2) ACCELERATION OF LIMITATIONS.—If a 

4 NAS report determines that an event described in 

5 paragraph (1)(B) has occurred, or is more likely 

6 than not to occur in the foreseeable future, not later 

7 than 2 years after the date of completion of the 

8 NAS report, the Administrator, after an opportunity 

9 for notice and public comment and taking into con10 sideration the new information contained in the NAS 

11 report, may— 

12 ‘‘(A) adjust any global warming pollution 

13 emissions limitation under this section; and 

14 ‘‘(B) promulgate such regulations as the 

15 Administrator determines to be necessary— 

16 ‘‘(i) to reduce the aggregate net levels 

17 of global warming pollution emissions from 

18 the United States on an accelerated sched19 ule; and 

20 ‘‘(ii) to minimize the effects of rapid 

21 climate change and otherwise achieve the 

22 purposes of this title. 

23 ‘‘(e) REPORT ON ACHIEVEMENT OF GLOBAL WARM24 ING POLLUTION EMISSIONS LIMITATIONS.— 


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1 ‘‘(1) DEFINITION OF TECHNOLOGICALLY IN2 FEASIBLE.—In this subsection, the term ‘techno3 logically infeasible’, with respect to compliance with 

4 a standard or requirement under this subsection, 

5 means that adequate technology or infrastructure 

6 does not exist, or is not reasonably anticipated to 

7 exist, within a sufficient time to permit compliance 

8 with the standard or requirement. 

9 ‘‘(2) TECHNOLOGY REPORTS.—The Adminis10 trator shall offer to enter into a contract with the 

11 Academy under which the Academy, not later than 

12 2 years after the date of enactment of this title and 

13 every 3 years thereafter, shall submit to Congress 

14 and the Administrator a report that analyzes— 

15 ‘‘(A) the status of current global warming 

16 pollution emission reduction technologies, in17 cluding— 

18 ‘‘(i) technologies for capture and dis19 posal of global warming pollutants; 

20 ‘‘(ii) efficiency improvement tech21 nologies; 

22 ‘‘(iii) zero-global-warming-pollution23 emitting energy technologies; and 

24 ‘‘(iv) above- and below-ground biologi25 cal sequestration technologies; 


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1 ‘‘(B) whether any requirement under this 

2 title (including regulations promulgated pursu3 ant to this title) requires a level of emission 

4 control or reduction that, based on available or 

5 expected technology, will be technologically in6 feasible at the time at which the requirement 

7 becomes effective; 

8 ‘‘(C) the projected date on which any tech9 nology determined to be technologically infeasi10 ble will become technologically feasible; 

11 ‘‘(D) whether any technology determined 

12 to be technologically infeasible cannot reason13 ably be expected to become technologically fea14 sible before January 1, 2050; and 

15 ‘‘(E) the costs of available alternative glob16 al warming pollution emission reduction strate17 gies that could be used or pursued in lieu of 

18 any technology that is determined to be techno19 logically infeasible. 

20 ‘‘(3) CONCLUSION.—If a NAS report concludes 

21 that a global warming pollution emissions limitation 

22 required by this section cannot be achieved because 

23 the limitation is technologically infeasible, the Ad24 ministrator shall submit to Congress a notification 

25 of that conclusion. 


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1 ‘‘(4) EVALUATION OF CERTAIN PURPOSE.—Not 

2 later than December 31, 2037, the Administrator 

3 shall offer to enter into a contract with the Academy 

4 under which, not later than December 31, 2039, the 

5 Academy shall prepare and submit to Congress and 

6 the Administrator a report on the appropriateness of 

7 the purpose described in section 702(6), taking into 

8 consideration— 

9 ‘‘(A) information that was not available as 

10 of the date of enactment of this title; and 

11 ‘‘(B) events that have occurred since that 

12 date relating to— 

13 ‘‘(i) climate change; 

14 ‘‘(ii) climate change technologies; and 

15 ‘‘(iii) national and international cli16 mate change commitments. 

17 ‘‘SEC. 706. EMISSION ALLOWANCES. 

18 ‘‘(a) CREATION AND ALLOCATION.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), there are created, and the Administrator 

21 shall allocate in accordance with section 708, emis22 sion allowances as follows: 

23 ‘‘(A) In the case of sulfur dioxide— 

24 ‘‘(i) in the western region— 


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1 ‘‘(I) for calendar years 2010 

2 through 2012, emission allowances for 

3 274,500 tons; and 

4 ‘‘(II) for calendar year 2013 and 

5 each calendar year thereafter, emis6 sion allowances for 158,600 tons; and 

7 ‘‘(ii) in the nonwestern region— 

8 ‘‘(I) for calendar years 2010 

9 through 2012, emission allowances for 

10 1,975,500 tons; and 

11 ‘‘(II) for calendar year 2013 and 

12 each calendar year thereafter, emis13 sion allowances for 1,141,400 tons. 

14 ‘‘(B) In the case of nitrogen oxides— 

15 ‘‘(i) for calendar years 2010 through 

16 2012, emission allowances for 1,510,000 

17 tons; and 

18 ‘‘(ii) for calendar year 2013 and each 

19 calendar year thereafter, emission allow20 ances for 900,000 tons. 

21 ‘‘(C) In the case of global warming pollut22 ants, beginning in calendar year 2010, a quan23 tity of emission allowances to be reduced each 

24 calendar year to achieve a reduction in emis25 sions of global warming pollutants equal to— 


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1 ‘‘(i) by December 31, 2011, not more 

2 than 2,300,000,000 metric tons of carbon 

3 dioxide equivalent; 

4 ‘‘(ii) by December 31, 2015, not more 

5 than 2,100,000,000 metric tons of carbon 

6 dioxide equivalent; 

7 ‘‘(iii) by December 31, 2020, not 

8 more than 1,803,000,000 metric tons of 

9 carbon dioxide equivalent; and 

10 ‘‘(iv) by December 31, 2025, not more 

11 than 1,500,000,000 metric tons of carbon 

12 dioxide equivalent. 

13 ‘‘(2) REDUCTIONS.—For calendar year 2010 

14 and each calendar year thereafter, the number of 

15 emission allowances specified for each covered pollut16 ant in paragraph (1) shall be reduced by a number 

17 equal to the sum of— 

18 ‘‘(A) the number of tons of the covered 

19 pollutant that were emitted by small electric 

20 generation facilities in the second preceding cal21 endar year; and 

22 ‘‘(B) any number of tons of reductions in 

23 emissions of the covered pollutant required 

24 under subsection (h). 


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1 ‘‘(3) UPDATES.—Once every 5 years, the Ad2 ministrator shall— 

3 ‘‘(A) review the formula by which the Ad4 ministrator allocates allowances under this title; 

5 and 

6 ‘‘(B) update that formula, as the Adminis7 trator determines to be necessary given the re8 sults of the review. 

9 ‘‘(b) NATURE OF EMISSION ALLOWANCES.— 

10 ‘‘(1) NOT A PROPERTY RIGHT.—An emission al11 lowance allocated by the Administrator under sub12 section (a) is not a property right. 

13 ‘‘(2) NO LIMIT ON AUTHORITY TO TERMINATE

14 OR LIMIT.—Nothing in this title or any other provi15 sion of law limits the authority of the United States 

16 to terminate or limit an emission allowance. 

17 ‘‘(3) TRACKING AND TRANSFER OF EMISSION

18 ALLOWANCES.— 

19 ‘‘(A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of this title, the Ad21 ministrator shall promulgate regulations to es22 tablish an emission allowance tracking and 

23 transfer system for emission allowances of sul24 fur dioxide, nitrogen oxides, and global warm25 ing pollutants. 


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1 ‘‘(B) REQUIREMENTS.—The emission al2 lowance tracking and transfer system estab3 lished under subparagraph (A) shall— 

4 ‘‘(i) incorporate the requirements of 

5 subsections (b) and (d) of section 412 (ex6 cept that written certification by the trans7 feree shall not be necessary to effect a 

8 transfer); and 

9 ‘‘(ii) permit any entity— 

10 ‘‘(I) to buy, sell, or hold an emis11 sion allowance; and 

12 ‘‘(II) to permanently retire an 

13 unused emission allowance. 

14 ‘‘(C) PROCEEDS OF TRANSFERS.—Pro15 ceeds from the transfer of emission allowances 

16 by any person to which the emission allowances 

17 have been allocated— 

18 ‘‘(i) shall not constitute funds of the 

19 United States; and 

20 ‘‘(ii) shall not be available to meet any 

21 obligations of the United States. 

22 ‘‘(c) IDENTIFICATION AND USE.— 

23 ‘‘(1) IN GENERAL.—Each emission allowance 

24 allocated by the Administrator shall bear a unique 

25 serial number, including— 


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1 ‘‘(A) an identifier of the covered pollutant 

2 to which the emission allowance pertains; and 

3 ‘‘(B) the first calendar year for which the 

4 allowance may be used. 

5 ‘‘(2) SULFUR DIOXIDE EMISSION ALLOW6 ANCES.—In the case of sulfur dioxide emission al7 lowances, the Administrator shall ensure that the 

8 emission allowances allocated to electric generation 

9 facilities in the western region are distinguishable 

10 from emission allowances allocated to electric gen11 eration facilities in the nonwestern region. 

12 ‘‘(3) YEAR OF USE.—Each emission allowance 

13 may be used in the calendar year for which the 

14 emission allowance is allocated or in any subsequent 

15 calendar year. 

16 ‘‘(d) ANNUAL SUBMISSION OF EMISSION ALLOW17 ANCES.— 

18 ‘‘(1) IN GENERAL.—On or before April 1, 2011, 

19 and April 1 of each year thereafter, the owner or op20 erator of each electric generation facility shall sub21 mit to the Administrator 1 emission allowance for 

22 the applicable covered pollutant (other than mer23 cury) for each ton of sulfur dioxide, nitrogen oxides, 

24 or global warming pollutants emitted by the electric 


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1 generation facility during the preceding calendar 

2 year. 

3 ‘‘(2) SPECIAL RULE FOR OZONE

4 EXCEEDANCES.— 

5 ‘‘(A) IDENTIFICATION OF FACILITIES CON6 TRIBUTING TO NONATTAINMENT.—Not later 

7 than December 31, 2009, and the end of each 

8 3-year period thereafter, each State, consistent 

9 with the obligations of the State under section 

10 110(a)(2)(D), shall identify the electric genera11 tion facilities in the State and in other States 

12 that are significantly contributing (as deter13 mined based on guidance issued by the Admin14 istrator) to nonattainment of the national ambi15 ent air quality standard for ozone in the State. 

16 ‘‘(B) SUBMISSION OF ADDITIONAL ALLOW17 ANCES.—In calendar year 2010 and each cal18 endar year thereafter, on petition from a State 

19 or a person demonstrating that the control 

20 measures in effect at an electric generation fa21 cility that is identified under subparagraph (A) 

22 as significantly contributing to nonattainment 

23 of the national ambient air quality standard for 

24 ozone in a State during the preceding calendar 

25 year are inadequate to prevent the significant 


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1 contribution described in subparagraph (A), the 

2 Administrator, if the Administrator determines 

3 that the electric generation facility is inad4 equately controlled for nitrogen oxides, may re5 quire that the electric generation facility submit 

6 3 nitrogen oxide emission allowances for each 

7 ton of nitrogen oxides emitted by the electric 

8 generation facility during any period of an ex9 ceedance of the national ambient air quality 

10 standard for ozone in the State during the pre11 ceding calendar year. 

12 ‘‘(3) REGIONAL LIMITATIONS FOR SULFUR DI13 OXIDE.—The Administrator shall not allow— 

14 ‘‘(A) the use of sulfur dioxide emission al15 lowances allocated for the western region to 

16 meet the obligations under this subsection of 

17 electric generation facilities in the nonwestern 

18 region; or 

19 ‘‘(B) the use of sulfur dioxide emission al20 lowances allocated for the nonwestern region to 

21 meet the obligations under this subsection of 

22 electric generation facilities in the western re23 gion. 

24 ‘‘(e) EMISSION VERIFICATION, MONITORING, AND

25 RECORDKEEPING.— 


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1 ‘‘(1) IN GENERAL.—The Administrator shall 

2 ensure that Federal regulations, in combination with 

3 any applicable State regulations, are adequate to 

4 verify, monitor, and document emissions of covered 

5 pollutants from electric generation facilities. 

6 ‘‘(2) INVENTORY OF EMISSIONS FROM SMALL

7 ELECTRIC GENERATION FACILITIES.—On or before 

8 July 1, 2008, the Administrator, in cooperation with 

9 State agencies, shall complete, and on an annual 

10 basis update, a comprehensive inventory of emissions 

11 of sulfur dioxide, nitrogen oxides, global warming 

12 pollutants, and particulate matter from small elec13 tric generation facilities. 

14 ‘‘(3) MONITORING INFORMATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 180 

16 days after the date of enactment of this title, 

17 the Administrator shall promulgate regulations 

18 to require each electric generation facility to 

19 submit to the Administrator— 

20 ‘‘(i) not later than April 1 of each 

21 year, verifiable information on covered pol22 lutants emitted by the electric generation 

23 facility in the preceding calendar year, ex24 pressed in— 


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1 ‘‘(I) tons of covered pollutants; 

2 and 

3 ‘‘(II) tons of covered pollutants 

4 per megawatt hour of energy (or the 

5 equivalent thermal energy) generated; 

6 and 

7 ‘‘(ii) as part of the first submission 

8 under clause (i), verifiable information on 

9 covered pollutants emitted by the electric 

10 generation facility in each of calendar 

11 years 2002 through 2006 if the electric 

12 generation facility was required to report 

13 that information in those calendar years. 

14 ‘‘(B) SOURCE OF INFORMATION.—Infor15 mation submitted under subparagraph (A) shall 

16 be obtained using a continuous emission moni17 toring system (as defined in section 402). 

18 ‘‘(C) AVAILABILITY TO THE PUBLIC.—The 

19 information described in subparagraph (A) shall 

20 be made available to the public— 

21 ‘‘(i) in the case of the first year in 

22 which the information is required to be 

23 submitted under that subparagraph, not 

24 later than 18 months after the date of en25 actment of this title; and 


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1 ‘‘(ii) in the case of each year there2 after, not later than April 1 of the year. 

3 ‘‘(4) AMBIENT AIR QUALITY MONITORING FOR

4 SULFUR DIOXIDE AND HAZARDOUS AIR POLLUT5 ANTS.— 

6 ‘‘(A) IN GENERAL.—Beginning January 1, 

7 2008, each coal-fired electric generation facility 

8 with an aggregate generating capacity of 50 

9 megawatts or more shall, in accordance with 

10 guidelines issued by the Administrator, com11 mence ambient air quality monitoring within a 

12 30-mile radius of the coal-fired electric genera13 tion facility for the purpose of measuring max14 imum concentrations of sulfur dioxide and haz15 ardous air pollutants emitted by the coal-fired 

16 electric generation facility. 

17 ‘‘(B) LOCATION OF MONITORING

18 POINTS.—Monitoring under subparagraph (A) 

19 shall include monitoring at not fewer than 2 

20 points— 

21 ‘‘(i) that are at ground level and with22 in 3 miles of the coal-fired electric genera23 tion facility; 


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1 ‘‘(ii) at which the concentration of 

2 pollutants being monitored is expected to 

3 be the greatest; and 

4 ‘‘(iii) at which the monitoring shall be 

5 the most frequent. 

6 ‘‘(C) FREQUENCY OF MONITORING OF SUL7 FUR DIOXIDE.—Monitoring of sulfur dioxide 

8 under subparagraph (A) shall be carried out on 

9 a continuous basis and averaged over 5-minute 

10 periods. 

11 ‘‘(D) AVAILABILITY TO THE PUBLIC.—The 

12 results of the monitoring under subparagraph 

13 (A) shall be made available to the public. 

14 ‘‘(f) EXCESS EMISSION PENALTY.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 section 411 shall be applicable to an owner or oper17 ator of an electric generation facility. 

18 ‘‘(2) CALCULATION OF PENALTY.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the penalty for failure to 

21 submit emission allowances for covered pollut22 ants as required under subsection (d) shall be 

23 equal to 3 times the product obtained by multi24 plying— 

25 ‘‘(i) as applicable— 


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1 ‘‘(I) the number of tons emitted 

2 in excess of the emission limitation re3 quirement applicable to the electric 

4 generation facility; or 

5 ‘‘(II) the number of emission al6 lowances that the owner or operator 

7 failed to submit; and 

8 ‘‘(ii) the average annual market price 

9 of emission allowances (as determined by 

10 the Administrator). 

11 ‘‘(B) MERCURY.—In the case of mercury, 

12 the penalty shall be equal to 3 times the prod13 uct obtained by multiplying— 

14 ‘‘(i) the number of grams emitted in 

15 excess of the emission limitation require16 ment for mercury applicable to the electric 

17 generation facility; and 

18 ‘‘(ii) the average cost of mercury con19 trols at electricity generating units that 

20 have a nameplate capacity of 25 

21 megawatts or more in all States (as deter22 mined by the Administrator). 

23 ‘‘(g) SIGNIFICANT ADVERSE LOCAL IMPACTS.— 

24 ‘‘(1) IN GENERAL.—If the Administrator deter25 mines that emissions of an electric generation facilVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 ity may reasonably be anticipated to cause or con2 tribute to a significant adverse impact on an area 

3 (including endangerment of public health, contribu4 tion to acid deposition in a sensitive receptor area, 

5 and other degradation of the environment), the Ad6 ministrator shall limit the emissions of the electric 

7 generation facility as necessary to avoid that impact. 

8 ‘‘(2) VIOLATION.—Notwithstanding the avail9 ability of emission allowances, it shall be a violation 

10 of this Act for any electric generation facility to ex11 ceed any limitation on emissions established under 

12 paragraph (1). 

13 ‘‘(h) ADDITIONAL REDUCTIONS.— 

14 ‘‘(1) PROTECTION OF PUBLIC HEALTH OR WEL15 FARE OR THE ENVIRONMENT.—If the Administrator 

16 determines that the emission levels necessary to 

17 achieve the national emission limitations established 

18 under section 705 are not reasonably anticipated to 

19 protect public health or welfare or the environment 

20 (including protection of children, pregnant women, 

21 minority or low-income communities, and other sen22 sitive populations), the Administrator may require 

23 reductions in emissions from electric generation fa24 cilities in addition to the reductions required under 

25 the other provisions of this title. 


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1 ‘‘(2) EMISSION ALLOWANCE TRADING.— 

2 ‘‘(A) STUDIES.— 

3 ‘‘(i) IN GENERAL.—In 2015 and at 

4 the end of each 3-year period thereafter, 

5 the Administrator shall complete a study 

6 of the impacts of the emission allowance 

7 trading authorized under this title. 

8 ‘‘(ii) REQUIRED ASSESSMENT.—The 

9 study shall include an assessment of ambi10 ent air quality in areas surrounding elec11 tric generation facilities that participate in 

12 emission allowance trading, including a 

13 comparison between— 

14 ‘‘(I) the ambient air quality in 

15 those areas; and 

16 ‘‘(II) the national average ambi17 ent air quality. 

18 ‘‘(B) LIMITATION ON EMISSIONS.—If the 

19 Administrator determines, based on the results 

20 of a study under subparagraph (A), that ad21 verse local impacts result from emission allow22 ance trading, the Administrator may require re23 ductions in emissions from electric generation 

24 facilities in addition to the reductions required 

25 under the other provisions of this title. 


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1 ‘‘(i) USE OF CERTAIN OTHER EMISSION ALLOW2 ANCES.— 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

4 emission allowances or other emission trading in5 struments created under title I or IV for sulfur diox6 ide or nitrogen oxides shall not be valid for submis7 sion under subsection (d). 

8 ‘‘(2) EMISSION ALLOWANCES PLACED IN RE9 SERVE.— 

10 ‘‘(A) IN GENERAL.—An emission allowance 

11 described in paragraph (1) that was placed in 

12 reserve under section 404(a)(2) or 405 or 

13 through regulations implementing controls on 

14 nitrogen oxides, because an affected unit emit15 ted fewer tons of sulfur dioxide or nitrogen ox16 ides than were permitted under an emission 

17 limitation imposed under title I or IV before the 

18 date of enactment of this title, shall be valid for 

19 submission under subsection (d). 

20 ‘‘(B) EMISSION ALLOWANCES RESULTING

21 FROM ACHIEVEMENT OF NEW SOURCE PER22 FORMANCE STANDARDS.—If an emission allow23 ance described in subparagraph (A) was created 

24 and placed in reserve during the period of 2001 

25 through 2009 by the owner or operator of an 


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•S 1201 IS

1 electric generation facility through the applica2 tion of pollution control technology that re3 sulted in the achievement and maintenance by 

4 the electric generation facility of the applicable 

5 standards of performance required of new 

6 sources under section 111, the emission allow7 ance shall be valid for submission under sub8 section (d). 

9 ‘‘SEC. 707. PERMITTING AND TRADING OF EMISSION AL10 LOWANCES. 

11 ‘‘Not later than 1 year after the date of enactment 

12 of this title, the Administrator shall promulgate regula13 tions to establish a permitting and emission allowance 

14 trading compliance program to implement the limitations 

15 on emissions of covered pollutants from electric generation 

16 facilities established under section 705. 

17 ‘‘SEC. 708. EMISSION ALLOWANCE ALLOCATION. 

18 ‘‘(a) SULFUR DIOXIDE AND NITROGEN OXIDES.— 

19 ‘‘(1) INITIAL ALLOCATIONS.—For calendar 

20 years 2010 through 2012, the Administrator shall 

21 allocate emission allowances for sulfur dioxide and 

22 nitrogen oxides, consistent with applicable law (in23 cluding regulations). 

24 ‘‘(2) SUBSEQUENT ALLOCATIONS.— 


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1 ‘‘(A) IN GENERAL.—For calendar year 

2 2013 and each calendar year thereafter, the Ad3 ministrator shall allocate emission allowances 

4 for sulfur dioxide and nitrogen oxides as the 

5 Administrator determines to be appropriate in 

6 accordance with subparagraphs (B) and (C). 

7 ‘‘(B) ALLOCATION FACTORS.—In allo8 cating emission allowances for sulfur dioxide 

9 and nitrogen oxides under subparagraph (A), 

10 the Administrator, in consultation with the Sec11 retary of Commerce, shall take into consider12 ation the factors described in subsection (c)(1). 

13 ‘‘(b) GLOBAL WARMING POLLUTANTS.— 

14 ‘‘(1) IN GENERAL.—For calendar year 2010, 

15 the Administrator shall transfer to each trustee ap16 pointed pursuant to paragraph (4)(A) for auction 

17 not less than 50 percent of the quantity of emission 

18 allowances available for allocation for global warm19 ing pollutants for the calendar year for the purposes 

20 described in paragraph (4). 

21 ‘‘(2) INCREASE IN QUANTITY.—For calendar 

22 year 2011 and each calendar year thereafter, taking 

23 into consideration the factors described in paragraph 

24 (3), the Administrator shall successively increase the 

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•S 1201 IS

1 ees for auction under paragraph (1) until, by not 

2 later than 15 years after the date of enactment of 

3 this title, 100 percent of emission allowances avail4 able for allocation for global warming pollutants for 

5 a calendar year are available for auction. 

6 ‘‘(3) ALLOCATION FACTORS.—In transferring 

7 emission allowances to trustees for auction under 

8 paragraph (1), the Administrator, in consultation 

9 with the Secretary of Commerce, shall take into con10 sideration the factors described in subsection (c)(1). 

11 ‘‘(4) REQUIREMENTS.—Regulations promul12 gated to carry out this subsection may provide for, 

13 as the Administrator determines to be necessary, the 

14 appointment of 1 or more trustees— 

15 ‘‘(A)(i) to receive emission allowances for 

16 the benefit of households, communities, and 

17 other entities; 

18 ‘‘(ii) to sell the emission allowances at fair 

19 market value; and 

20 ‘‘(iii) to distribute the proceeds of any sale 

21 of emission allowances to the appropriate bene22 ficiaries; or 

23 ‘‘(B) to allocate emission allowances, in ac24 cordance with applicable regulations, to— 


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1 ‘‘(i) communities, individuals, and 

2 companies that have experienced dis3 proportionate adverse impacts as a result 

4 of— 

5 ‘‘(I) the transition to a lower car6 bon-emitting economy; or 

7 ‘‘(II) global warming; 

8 ‘‘(ii) owners and operators of highly 

9 energy-efficient buildings, including— 

10 ‘‘(I) residential users; 

11 ‘‘(II) producers of highly energy12 efficient products; and 

13 ‘‘(III) entities that carry out en14 ergy-efficiency improvement projects 

15 that result in consumer-side reduc16 tions in electricity use; 

17 ‘‘(iii) entities that will use the emis18 sion allowances for the purpose of carrying 

19 out geological sequestration of carbon diox20 ide produced by an anthropogenic global 

21 warming pollution emission source in ac22 cordance with requirements established by 

23 the Administrator; 

24 ‘‘(iv) such individuals and entities as 

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1 priate, for use in carrying out projects to 

2 reduce net carbon dioxide emissions 

3 through above-ground and below-ground 

4 biological carbon dioxide sequestration (in5 cluding sequestration in forests, forest 

6 soils, agricultural soils, rangeland, or 

7 grassland in the United States); 

8 ‘‘(v) such individuals and entities (in9 cluding fish and wildlife agencies) as the 

10 Administrator determines to be appro11 priate, for use in carrying out projects to 

12 protect and restore ecosystems (including 

13 fish and wildlife) affected by climate 

14 change; and 

15 ‘‘(vi) manufacturers producing con16 sumer products that result in substantially 

17 reduced global warming pollution emis18 sions, for use in funding rebates for pur19 chasers of those products. 

20 ‘‘(c) ADMINISTRATION.— 

21 ‘‘(1) ALLOCATION FACTORS.—Before making 

22 any allocation or transfer of emission allowances 

23 under subsection (a) or (b), the Administrator, in 

24 consultation with the Secretary of Commerce, shall 

25 take into consideration— 


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1 ‘‘(A) the distributive effect of the alloca2 tions on household income and net worth of in3 dividuals; 

4 ‘‘(B) the impact of the allocations on cor5 porate income, taxes, and asset value; 

6 ‘‘(C) the impact of the allocations on in7 come levels and energy consumption of con8 sumers; 

9 ‘‘(D) the effects of the allocations with re10 spect to economic efficiency; 

11 ‘‘(E) the ability of electric generation fa12 cilities to pass through compliance costs to cus13 tomers of the electric generation facilities; 

14 ‘‘(F) the degree to which the quantity of 

15 allocations to the covered sectors should de16 crease over time; and 

17 ‘‘(G) the need to maintain the inter18 national competitiveness of United States man19 ufacturing and avoid the additional loss of 

20 United States manufacturing jobs. 

21 ‘‘(2) ALLOCATION RECOMMENDATIONS AND IM22 PLEMENTATION.— 

23 ‘‘(A) IN GENERAL.—Not later than 2 years 

24 after the date of enactment of this title, and be25 fore making any allocation or transfer of emisVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 sion allowances under subsection (a) or (b), the 

2 Administrator shall submit a description of any 

3 determination of the Administrator relating to 

4 the allocation or transfer under that subsection 

5 to— 

6 ‘‘(i) the Committees on Environment 

7 and Public Works and Commerce, Science, 

8 and Transportation of the Senate; and 

9 ‘‘(ii) the Committees on Energy and 

10 Commerce and Science of the House of 

11 Representatives. 

12 ‘‘(B) TREATMENT OF DETERMINATIONS.— 

13 A determination of the Administrator described 

14 in subparagraph (A), and any allocation or 

15 transfer of emission allowances made pursuant 

16 to such a determination, shall be— 

17 ‘‘(i) considered to be a major rule (as 

18 defined in section 804 of title 5, United 

19 States Code); and 

20 ‘‘(ii) subject to the requirements of 

21 chapter 8 of that title. 

22 ‘‘(d) RATEPAYER PROTECTION.— 

23 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) AFFECTED FACILITY.—The term ‘af2 fected facility’ means an electric generation fa3 cility that uses a conventional coal technology. 

4 ‘‘(B) AUTHORIZED RATE.—The term ‘au5 thorized rate’ means a rate charged for elec6 tricity generated by an affected facility that 

7 is— 

8 ‘‘(i) authorized by an appropriate reg9 ulatory agency; and 

10 ‘‘(ii) based on, or calculated to re11 cover, the reasonable capital and operating 

12 costs of the generation. 

13 ‘‘(C) CONVENTIONAL COAL TECH14 NOLOGY.—The term ‘conventional coal tech15 nology’ means a technology for the generation 

16 of electricity that— 

17 ‘‘(i) involves the combustion of coal in 

18 a boiler; and 

19 ‘‘(ii) does not provide for the capture 

20 or sequestration of carbon. 

21 ‘‘(2) PROTECTION.— 

22 ‘‘(A) IN GENERAL.—Subject to paragraph 

23 (3) and except as provided in subparagraph 

24 (B), no owner or lessor of an affected facility 

25 who sells, at wholesale or retail, any electricity 


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•S 1201 IS

1 generated by the affected facility at an author2 ized rate shall recover through the authorized 

3 rate, in whole or in part, the cost of compliance 

4 with any Federal greenhouse gas reduction re5 quirement relating to emissions from the af6 fected facility. 

7 ‘‘(B) EXCEPTION.—Subparagraph (A) 

8 shall not apply to an owner or lessor of an af9 fected facility if the appropriate regulatory 

10 agency determines no feasible alternative exists 

11 to the use of conventional coal technology by 

12 the affected facility. 

13 ‘‘(3) APPLICABILITY.—Paragraph (2)(A) shall 

14 apply to an owner or lessor described in that para15 graph only if— 

16 ‘‘(A) the affected facility enters operation 

17 after January 1, 2009; and 

18 ‘‘(B) the cost of compliance described in 

19 paragraph (2) is incurred after the date of en20 actment of this title. 

21 ‘‘SEC. 709. MERCURY EMISSION LIMITATIONS. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) REGULATIONS.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date of enactment of this title, the AdVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 ministrator shall promulgate regulations to es2 tablish emission limitations for mercury emis3 sions by coal-fired electric generation facilities. 

4 ‘‘(B) NO EXCEEDANCE OF NATIONAL LIMI5 TATION.—The regulations shall ensure that the 

6 national limitation for mercury emissions from 

7 each coal-fired electric generation facility estab8 lished under section 705(a)(4)(A) (and, to the 

9 maximum extent practicable, the goal described 

10 in section 705(a)(4)(B)) is not exceeded. 

11 ‘‘(C) EMISSION LIMITATIONS FOR 2012 AND

12 THEREAFTER.—In carrying out subparagraph 

13 (A), for calendar year 2012 and each calendar 

14 year thereafter, the Administrator shall not— 

15 ‘‘(i) subject to subsections (e) and (f) 

16 of section 112, establish limitations on 

17 emissions of mercury from coal-fired elec18 tric generation facilities that allow emis19 sions in excess of 2.48 grams of mercury 

20 per 1000 megawatt hours; or 

21 ‘‘(ii) differentiate between facilities 

22 that burn different types of coal. 

23 ‘‘(2) ANNUAL REVIEW AND DETERMINATION.— 

24 ‘‘(A) IN GENERAL.—Not later than April 1 

25 of each year, the Administrator shall— 


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•S 1201 IS

1 ‘‘(i) review the total mercury emis2 sions during the 2 preceding calendar 

3 years from electric generation facilities lo4 cated in all States; and 

5 ‘‘(ii) determine whether, during the 2 

6 preceding calendar years, the total mercury 

7 emissions from facilities described in clause 

8 (i) exceeded the national limitation for 

9 mercury emissions established under sec10 tion 705(a)(4)(A). 

11 ‘‘(B) EXCEEDANCE OF NATIONAL LIMITA12 TION.—If the Administrator determines under 

13 subparagraph (A)(ii) that, during the 2 pre14 ceding calendar years, the total mercury emis15 sions from facilities described in subparagraph 

16 (A)(i) exceeded the national limitation for mer17 cury emissions established under section 

18 705(a)(4)(A), the Administrator shall, not later 

19 than 1 year after the date of the determination, 

20 revise the regulations promulgated under para21 graph (1) to reduce the emission rates specified 

22 in the regulations as necessary to ensure that 

23 the national limitation for mercury emissions is 

24 not exceeded in any future year. 

25 ‘‘(3) COMPLIANCE FLEXIBILITY.— 


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•S 1201 IS

1 ‘‘(A) IN GENERAL.—Each coal-fired elec2 tric generation facility subject to an emission 

3 limitation under this section shall be in compli4 ance with that limitation if that limitation is 

5 greater than or equal to the quotient obtained 

6 by dividing— 

7 ‘‘(i) the total mercury emissions of the 

8 coal-fired electric generation facility during 

9 each 30-day period; by 

10 ‘‘(ii) the quantity of electricity gen11 erated by the coal-fired electric generation 

12 facility during that period. 

13 ‘‘(B) MORE THAN 1 UNIT AT A FACIL14 ITY.—In any case in which more than 1 coal15 fired electricity generating unit at a coal-fired 

16 electric generation facility subject to an emis17 sion limitation under this section was operated 

18 in 1999 under common ownership or control, 

19 compliance with the emission limitation may be 

20 determined by averaging the emission rates of 

21 all coal-fired electricity generating units at the 

22 electric generation facility during each 30-day 

23 period. 

24 ‘‘(b) PREVENTION OF RE-RELEASE.— 


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1 ‘‘(1) REGULATIONS.—Not later than July 1, 

2 2008, the Administrator shall promulgate regula3 tions to ensure that any mercury captured or recov4 ered by emission controls installed at an electric gen5 eration facility is not re-released into the environ6 ment. 

7 ‘‘(2) REQUIRED ELEMENTS.—The regulations 

8 shall require— 

9 ‘‘(A) daily covers on all active waste dis10 posal units, and permanent covers on all inac11 tive waste disposal units, to prevent the release 

12 of mercury into the air; 

13 ‘‘(B) monitoring of groundwater to ensure 

14 that mercury or mercury compounds do not mi15 grate from the waste disposal unit; 

16 ‘‘(C) waste disposal siting requirements 

17 and cleanup requirements to protect ground18 water and surface water resources; 

19 ‘‘(D) elimination of agricultural application 

20 of coal combustion wastes; and 

21 ‘‘(E) appropriate limitations on mercury 

22 emissions from sources or processes that re23 process or use coal combustion waste, including 

24 manufacturers of wallboard and cement. 


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1 ‘‘(c) NEW AFFECTED UNIT LIMITATION.—An af2 fected unit that enters operation on or after the date of 

3 enactment of this title shall achieve, on an annual average 

4 basis, a mercury emission rate of not more than 2.48 

5 grams of mercury per 1,000 megawatt hours, regardless 

6 of the type of coal used at the affected unit. 

7 ‘‘SEC. 710. OTHER HAZARDOUS AIR POLLUTANTS. 

8 ‘‘(a) IN GENERAL.—Not later than January 1, 2008, 

9 the Administrator shall issue to owners and operators of 

10 coal-fired electric generation facilities requests for infor11 mation under section 114 that are of sufficient scope to 

12 generate data sufficient to support issuance of standards 

13 under section 112(d) for hazardous air pollutants other 

14 than mercury emitted by coal-fired electric generation fa15 cilities. 

16 ‘‘(b) DEADLINE FOR SUBMISSION OF REQUESTED

17 INFORMATION.—The Administrator shall require each re18 cipient of a request for information described in subsection 

19 (a) to submit the requested data not later than 180 days 

20 after the date of the request. 

21 ‘‘(c) PROMULGATION OF EMISSION STANDARDS.— 

22 The Administrator shall— 

23 ‘‘(1) not later than January 1, 2008, propose 

24 emission standards under section 112(d) for haz25 ardous air pollutants other than mercury; and 


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1 ‘‘(2) not later than January 1, 2009, promul2 gate emission standards under section 112(d) for 

3 hazardous air pollutants other than mercury. 

4 ‘‘(d) PROHIBITION ON EXCESS EMISSIONS.—It shall 

5 be unlawful for an electric generation facility subject to 

6 standards for hazardous air pollutants other than mercury 

7 promulgated under subsection (c) to emit, after December 

8 31, 2010, any such pollutant in excess of the standards. 

9 ‘‘(e) EFFECT ON OTHER LAW.—Nothing in this sec10 tion or section 709 affects any requirement of subsection 

11 (e), (f)(2), or (n)(1)(A) of section 112, except that the 

12 emission limitations established by regulations promul13 gated under this section shall be deemed to represent the 

14 maximum achievable control technology for mercury emis15 sions from electricity generating units under section 

16 112(d). 

17 ‘‘SEC. 711. EMISSION STANDARDS FOR AFFECTED UNITS. 

18 ‘‘(a) DEFINITION OF AFFECTED UNIT.—In this sub19 section, the term ‘affected unit’ means a unit that— 

20 ‘‘(1) is designed and intended to provide elec21 tricity at a unit capacity factor of at least 60 per22 cent; and 

23 ‘‘(2) begins operation after December 31, 2011. 

24 ‘‘(b) INITIAL STANDARD.— 


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

2 after the date of enactment of this title, the Admin3 istrator shall promulgate regulations requiring each 

4 affected unit to meet the standard described in para5 graph (2). 

6 ‘‘(2) STANDARD.—Beginning on December 31, 

7 2015, an affected unit shall meet a global warming 

8 pollution emission standard that is not higher than 

9 the emission rate of a new combined cycle natural 

10 gas generating unit. 

11 ‘‘(3) MORE STRINGENT REQUIREMENTS.—For 

12 the period beginning on January 1 of the calendar 

13 year following the effective date of the regulations 

14 promulgated pursuant to paragraph (1) and ending 

15 on December 31, 2029, the Administrator may in16 crease the stringency of the global warming pollution 

17 emission standard described in paragraph (2) with 

18 respect to affected units as the Administrator deter19 mines to be appropriate to ensure a reduction in the 

20 emission rate of global warming pollutants of at 

21 least 90 percent from each affected unit. 

22 ‘‘(c) FINAL STANDARD.—Not later than December 

23 31, 2030, the Administrator shall require each unit that 

24 is designed and intended to provide electricity at a unit 

25 capacity factor of at least 60 percent, regardless of the 


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1 date on which the unit entered operation, to meet the ap2 plicable emission standard under subsection (b). 

3 ‘‘(d) ADJUSTMENT OF REQUIREMENTS.—If the 

4 Academy determines, pursuant to section 705(e), that a 

5 requirement of this section is or will be technologically in6 feasible at the time at which the requirement becomes ef7 fective, the Administrator, by regulation, may adjust or 

8 delay the effective date of the requirement as the Adminis9 trator determines to be necessary, taking into consider10 ation the determination of the Academy. 

11 ‘‘SEC. 712. LOW-CARBON GENERATION REQUIREMENT. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) BASE QUANTITY OF ELECTRICITY.—The 

14 term ‘base quantity of electricity’ means the total 

15 quantity of electricity produced for sale by a covered 

16 generator during the calendar year immediately pre17 ceding a compliance year from— 

18 ‘‘(A) coal; 

19 ‘‘(B) petroleum coke; 

20 ‘‘(C) lignite; or 

21 ‘‘(D) any combination of the fuels de22 scribed in subparagraphs (A) through (C). 

23 ‘‘(2) COVERED GENERATOR.—The term ‘cov24 ered generator’ means an electric generation facility 

25 that— 


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1 ‘‘(A) has a rated capacity of 25 megawatts 

2 or more; and 

3 ‘‘(B) has an annual fuel input at least 50 

4 percent of which is provided by— 

5 ‘‘(i) coal; 

6 ‘‘(ii) petroleum coke; 

7 ‘‘(iii) lignite; or 

8 ‘‘(iv) any combination of the fuels de9 scribed in clauses (i) through (iii). 

10 ‘‘(3) LOW-CARBON GENERATION.—The term 

11 ‘low-carbon generation’ means electric energy gen12 erated from an electric generation facility at least 50 

13 percent of the annual fuel input of which, in any 

14 year— 

15 ‘‘(A) is provided by— 

16 ‘‘(i) coal; 

17 ‘‘(ii) petroleum coke; 

18 ‘‘(iii) lignite; or 

19 ‘‘(iv) any combination of the fuels de20 scribed in clauses (i) through (iii); and 

21 ‘‘(B) results in an emission rate into the 

22 atmosphere of not more than 250 pounds of 

23 carbon dioxide per megawatt-hour (after adjust24 ment for any carbon dioxide emitted from the 

25 electric generation facility that is geologically 


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1 sequestered in a geological repository approved 

2 by the Administrator pursuant to section 713). 

3 ‘‘(4) PROGRAM.—The term ‘program’ means 

4 the low-carbon generation credit trading program es5 tablished under subsection (d)(1). 

6 ‘‘(b) REQUIREMENT.— 

7 ‘‘(1) CALENDAR YEARS 2015 THROUGH 2020.— 

8 Of the base quantity of electricity produced for sale 

9 by a covered generator for a calendar year, the cov10 ered generator shall provide a minimum percentage 

11 of that base quantity of electricity for the calendar 

12 year from low-carbon generation, as specified in the 

13 following table: 

‘‘Calendar year: Minimum annual 

percentage: 

2015 ....................................................................... 0.5 

2016 ....................................................................... 1.0 

2017 ....................................................................... 2.0 

2018 ....................................................................... 3.0 

2019 ....................................................................... 4.0 

2020 ....................................................................... 5.0 

14 ‘‘(2) CALENDAR YEARS 2021 THROUGH 2025.— 

15 For each of calendar years 2021 through 2025, the 

16 Administrator may increase the minimum percent17 age of the base quantity of electricity from low-car18 bon generation described in paragraph (1) by not 

19 more than 2 percentage points from the preceding 

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1 essary to achieve the emission reduction goal de2 scribed in section 705(a)(3). 

3 ‘‘(3) CALENDAR YEARS 2026 THROUGH 2030.— 

4 For each of calendar years 2026 through 2030, the 

5 Administrator may increase the minimum percent6 age of the base quantity of electricity from low-car7 bon generation described in paragraph (1) by not 

8 more than 3 percentage points from the preceding 

9 year, as the Administrator determines to be nec10 essary to achieve the emission reduction goal de11 scribed in section 705(a)(3). 

12 ‘‘(c) MEANS OF COMPLIANCE.—An owner or operator 

13 of a covered generator shall comply with subsection (b) 

14 by— 

15 ‘‘(1) generating electric energy using low-carbon 

16 generation; 

17 ‘‘(2) purchasing electric energy generated by 

18 low-carbon generation; 

19 ‘‘(3) purchasing low-carbon generation credits 

20 issued under the program; or 

21 ‘‘(4) any combination of the actions described 

22 in paragraphs (1) through (3). 

23 ‘‘(d) LOW-CARBON GENERATION CREDIT TRADING

24 PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—Not later than January 1, 

2 2008, the Administrator shall establish, by regula3 tion, after notice and opportunity for comment, a 

4 low-carbon generation trading program to permit an 

5 owner or operator of a covered generator that does 

6 not generate or purchase enough electric energy 

7 from low-carbon generation to comply with sub8 section (b) to achieve that compliance by purchasing 

9 sufficient low-carbon generation credits. 

10 ‘‘(2) REQUIREMENTS.—In carrying out the pro11 gram, the Administrator shall— 

12 ‘‘(A) issue to producers of low-carbon gen13 eration, on a quarterly basis, a single low-car14 bon generation credit for each kilowatt hour of 

15 low-carbon generation sold during the preceding 

16 quarter; and 

17 ‘‘(B) ensure that a kilowatt hour, including 

18 the associated low-carbon generation credit, 

19 shall be used only once for purposes of compli20 ance with subsection (b). 

21 ‘‘(e) ENFORCEMENT.—An owner or operator of a cov22 ered generator that fails to comply with subsection (b) 

23 shall be subject to a civil penalty in an amount equal to 

24 the product obtained by multiplying— 


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1 ‘‘(1) the number of kilowatt-hours of electric 

2 energy sold to electric consumers in violation of sub3 section (b); and 

4 ‘‘(2) the greater of— 

5 ‘‘(A) 2.5 cents (as adjusted under sub6 section (g)); or 

7 ‘‘(B) 200 percent of the average market 

8 value of those low-carbon generation credits 

9 during the year in which the violation occurred. 

10 ‘‘(f) EXEMPTION.—This section shall not apply, for 

11 any calendar year, to an owner or operator of a covered 

12 generator that sold less than 40,000 megawatt-hours of 

13 electric energy produced from covered generators during 

14 the preceding calendar year. 

15 ‘‘(g) INFLATION ADJUSTMENT.—Not later than De16 cember 31, 2008, and annually thereafter, the Adminis17 trator shall adjust the amount of the civil penalty for each 

18 kilowatt-hour calculated under subsection (e)(2) to reflect 

19 changes for the 12-month period ending on the preceding 

20 November 30 in the Consumer Price Index for All Urban 

21 Consumers published by the Bureau of Labor Statistics 

22 of the Department of Labor. 

23 ‘‘(h) TECHNOLOGICAL INFEASIBILITY.—If the Acad24 emy determines, pursuant to section 705(e), that the 

25 schedule for compliance described in subsection (b) is or 


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1 will be technologically infeasible for covered generators to 

2 meet, the Administrator, by regulation, may adjust the 

3 schedule as the Administrator determines to be necessary, 

4 taking into consideration the determination of the Acad5 emy. 

6 ‘‘(i) TERMINATION OF AUTHORITY.—This section 

7 and the authority provided by this section shall terminate 

8 on December 31, 2030. 

9 ‘‘SEC. 713. GEOLOGICAL DISPOSAL OF GLOBAL WARMING 

10 POLLUTANTS. 

11 ‘‘(a) GEOLOGICAL CARBON DIOXIDE DISPOSAL DE12 PLOYMENT PROJECTS.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall es14 tablish a competitive grant program to provide 

15 grants to 5 entities for the deployment of projects to 

16 geologically dispose of carbon dioxide (referred to in 

17 this subsection as ‘geological disposal deployment 

18 projects’). 

19 ‘‘(2) LOCATION.—Each geological disposal de20 ployment project shall be conducted in a geologically 

21 distinct location in order to demonstrate the suit22 ability of a variety of geological structures for car23 bon dioxide disposal. 

24 ‘‘(3) COMPONENTS.—Each geological disposal 

25 deployment project shall include an analysis of— 


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1 ‘‘(A) mechanisms for trapping the carbon 

2 dioxide to be geologically disposed; 

3 ‘‘(B) techniques for monitoring the geologi4 cally disposed carbon dioxide; 

5 ‘‘(C) public response to the geological dis6 posal deployment project; and 

7 ‘‘(D) the permanency of carbon dioxide 

8 storage in geological reservoirs. 

9 ‘‘(4) REQUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—Not later than 2 years 

11 after the date of enactment of this title, the Ad12 ministrator shall establish— 

13 ‘‘(i) appropriate conditions for envi14 ronmental protection with respect to geo15 logical disposal deployment projects to pro16 tect public health and the environment, in17 cluding— 

18 ‘‘(I) site characterization and se19 lection; 

20 ‘‘(II) geomechanical, geochemical, 

21 and hydrogeological simulation; 

22 ‘‘(III) risk assessment; 

23 ‘‘(IV) mitigation and remediation 

24 protocols; 


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1 ‘‘(V) the issuance of permits for 

2 test, injection, and monitoring wells; 

3 ‘‘(VI) specifications for the drill4 ing, construction, and maintenance of 

5 wells; 

6 ‘‘(VII) ownership of subsurface 

7 rights and pore space; 

8 ‘‘(VIII) transportation pipeline 

9 specifications; 

10 ‘‘(IX) the allowed composition of 

11 injected matter; 

12 ‘‘(X) testing, monitoring, meas13 urement, and verification for the en14 tire chain of operations, beginning 

15 with the point of capture of carbon di16 oxide to a storage site; 

17 ‘‘(XI) closure and decommis18 sioning procedures; 

19 ‘‘(XII) transportation pipeline 

20 siting; and 

21 ‘‘(XIII) short- and long-term 

22 legal responsibility and indemnifica23 tion procedures for storage sites; and 

24 ‘‘(ii) requirements relating to applica25 tions for grants under this subsection. 


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1 ‘‘(B) RULEMAKING.—The establishment of 

2 requirements under subparagraph (A) shall not 

3 require a rulemaking. 

4 ‘‘(C) MINIMUM REQUIREMENTS.—At a 

5 minimum, each application for a grant under 

6 this subsection shall include— 

7 ‘‘(i) a description of the geological dis8 posal deployment project proposed in the 

9 application; 

10 ‘‘(ii) an estimate of the quantity of 

11 carbon dioxide to be geologically disposed 

12 over the life of the geological disposal de13 ployment project; and 

14 ‘‘(iii) a plan to collect and disseminate 

15 data relating to each geological disposal 

16 deployment project to be funded by the 

17 grant. 

18 ‘‘(5) PARTNERS.—An applicant for a grant 

19 under this subsection may carry out a geological dis20 posal deployment project under a pilot program in 

21 partnership with 1 or more public or private entities. 

22 ‘‘(6) SELECTION CRITERIA.—In evaluating ap23 plications under this subsection, the Administrator 

24 shall— 


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1 ‘‘(A) consider the previous experience of 

2 each applicant with similar projects; and 

3 ‘‘(B) give priority consideration to applica4 tions for geological disposal deployment projects 

5 that— 

6 ‘‘(i) offer the greatest geological diver7 sity, as compared to other geological dis8 posal deployment projects that received 

9 grants under this subsection; 

10 ‘‘(ii) are located in closest proximity 

11 to a source of carbon dioxide; 

12 ‘‘(iii) make use of the most affordable 

13 source of carbon dioxide; 

14 ‘‘(iv) are expected to geologically dis15 pose of— 

16 ‘‘(I) the largest quantity of car17 bon dioxide; and 

18 ‘‘(II) a minimum quantity of 

19 1,000,000 tons of carbon dioxide for 

20 each project carried out as part of the 

21 demonstration project; 

22 ‘‘(v) are combined with demonstra23 tions of advanced coal electricity genera24 tion technologies; 


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1 ‘‘(vi) demonstrate the greatest com2 mitment on the part of the applicant to en3 sure funding for the proposed demonstra4 tion project and the greatest likelihood 

5 that the demonstration project will be 

6 maintained or expanded after Federal as7 sistance under this subsection is com8 pleted; and 

9 ‘‘(vii) minimize any adverse environ10 mental effects from the project. 

11 ‘‘(7) PERIOD OF GRANTS.— 

12 ‘‘(A) IN GENERAL.—A geological disposal 

13 deployment project funded by a grant under 

14 this subsection shall begin construction not 

15 later than 3 years after the date on which the 

16 grant is provided. 

17 ‘‘(B) TERM.—The Administrator shall not 

18 provide grant funds to any applicant under this 

19 subsection for a period of more than 5 years. 

20 ‘‘(8) TRANSFER OF INFORMATION AND KNOWL21 EDGE.—The Administrator shall establish mecha22 nisms to ensure that the information and knowledge 

23 gained by participants in the program are published 

24 and disseminated, including to other applicants that 


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1 submitted applications for a grant under this sub2 section. 

3 ‘‘(9) SCHEDULE.— 

4 ‘‘(A) PUBLICATION.—Not later than 180 

5 days after the date of enactment of this title, 

6 the Administrator shall publish in the Federal 

7 Register, and elsewhere as appropriate, a re8 quest for applications to carry out geological 

9 disposal deployment projects. 

10 ‘‘(B) DATE FOR APPLICATIONS.—An appli11 cation for a grant under this subsection shall be 

12 submitted not later than 180 days after the 

13 date of publication of the request under sub14 paragraph (A). 

15 ‘‘(C) SELECTION.—After the date by which 

16 applications for grants are required to be sub17 mitted under subparagraph (B), the Adminis18 trator, in a timely manner, shall select, after 

19 peer review and based on the criteria under 

20 paragraph (6), those geological disposal deploy21 ment projects to be provided a grant under this 

22 subsection. 

23 ‘‘(b) INTERIM STANDARDS.—Not later than 3 years 

24 after the date of enactment of this title, the Administrator, 

25 in consultation with the Secretary of Energy, shall, by regVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 ulation, establish interim geological carbon dioxide dis2 posal standards that address— 

3 ‘‘(1) site selection; 

4 ‘‘(2) permitting processes; 

5 ‘‘(3) monitoring requirements; 

6 ‘‘(4) public participation; and 

7 ‘‘(5) such other issues as the Administrator and 

8 the Secretary of Energy determine to be appro9 priate. 

10 ‘‘(c) FINAL STANDARDS.—Not later than 6 years 

11 after the date of enactment of this title, taking into consid12 eration the results of geological disposal deployment 

13 projects carried out under subsection (a), the Adminis14 trator, by regulation, shall establish final geological carbon 

15 dioxide disposal standards. 

16 ‘‘(d) CONSIDERATIONS.—In developing standards 

17 under subsections (b) and (c), the Administrator shall con18 sider the experience in the United States in regulating— 

19 ‘‘(1) underground injection of waste; 

20 ‘‘(2) enhanced oil recovery; 

21 ‘‘(3) short-term storage of natural gas; and 

22 ‘‘(4) long-term waste storage. 

23 ‘‘(e) TERMINATION OF AUTHORITY.—This section 

24 and the authority provided by this section shall terminate 

25 on December 31, 2030. 


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1 ‘‘SEC. 714. ENERGY EFFICIENCY PERFORMANCE STAND2 ARD. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) ELECTRICITY SAVINGS.— 

5 ‘‘(A) IN GENERAL.—The term ‘electricity 

6 savings’ means reductions in end-use electricity 

7 consumption relative to consumption by the 

8 same customer or at the same new or existing 

9 facility in a given year, as defined in regula10 tions promulgated by the Administrator under 

11 subsection (e). 

12 ‘‘(B) INCLUSIONS.—The term ‘electricity 

13 savings’ includes savings achieved as a result 

14 of— 

15 ‘‘(i) installation of energy-saving tech16 nologies and devices; and 

17 ‘‘(ii) the use of combined heat and 

18 power systems, fuel cells, or any other 

19 technology identified by the Administrator 

20 that recaptures or generates energy solely 

21 for onsite customer use. 

22 ‘‘(C) EXCLUSION.—The term ‘electricity 

23 savings’ does not include savings from measures 

24 that would likely be adopted in the absence of 

25 energy-efficiency programs, as determined by 

26 the Administrator. 


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1 ‘‘(2) RETAIL ELECTRICITY SALES.—The term 

2 ‘retail electricity sales’ means the total quantity of 

3 electric energy sold by a retail electricity supplier to 

4 retail customers during the most recent calendar 

5 year for which that information is available. 

6 ‘‘(3) RETAIL ELECTRICITY SUPPLIER.—The 

7 term ‘retail electricity supplier’ means a distribution 

8 or integrated utility, or an independent company or 

9 entity, that sells electric energy to consumers. 

10 ‘‘(b) ENERGY EFFICIENCY PERFORMANCE STAND11 ARD.—Each retail electricity supplier shall implement pro12 grams and measures to achieve improvements in energy 

13 efficiency and peak load reduction, as verified by the Ad14 ministrator. 

15 ‘‘(c) TARGETS.—For calendar year 2008 and each 

16 calendar year thereafter, the Administrator shall ensure 

17 that retail electric suppliers annually achieve electricity 

18 savings and reduce peak power demand and electricity use 

19 by retail customers by a percentage that is not less than 

20 the applicable target percentage specified in the following 

21 table: 

Calendar Year Reduction in peak demand 

Reduction in electricity 

use 

2008 ................................ .25 percent ..................... .25 percent 

2009 ................................ .75 percent ..................... .75 percent 

2010 ................................ 1.75 percent ................... 1.5 percent 

2011 ................................ 2.75 percent ................... 2.25 percent 

2012 ................................ 3.75 percent ................... 3.0 percent 

2013 ................................ 4.75 percent ................... 3.75 percent 

2014 ................................ 5.75 percent ................... 4.5 percent 


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Calendar Year Reduction in peak demand 

Reduction in electricity 

use 

2015 ................................ 6.75 percent ................... 5.25 percent 

2016 ................................ 7.75 percent ................... 6.0 percent 

2017 ................................ 8.75 percent ................... 6.75 percent 

2018 ................................ 9.75 percent ................... 7.5 percent 

2019 ................................ 10.75 percent ................. 8.25 percent 

2020 and each calendar 

year thereafter.

11.75 percent ................. 9.0 percent 

1 ‘‘(d) BEGINNING DATE.—For the purpose of meeting 

2 the targets established under subsection (c), electricity 

3 savings shall be calculated based on the sum of— 

4 ‘‘(1) electricity savings realized as a result of 

5 actions taken by the retail electric supplier during 

6 the specified calendar year; and 

7 ‘‘(2) cumulative electricity savings realized as a 

8 result of electricity savings achieved in all preceding 

9 calendar years (beginning with calendar year 2006). 

10 ‘‘(e) IMPLEMENTING REGULATIONS.— 

11 ‘‘(1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this title, the Administrator 

13 shall promulgate regulations to implement the tar14 gets established under subsection (c). 

15 ‘‘(2) REQUIREMENTS.—The regulations shall 

16 establish— 

17 ‘‘(A) a national credit system permitting 

18 credits to be awarded, bought, sold, or traded 

19 by and among retail electricity suppliers; 

20 ‘‘(B) a fee equivalent to not less than 4 

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1 pliers that do not meet the targets established 

2 under subsection (c); and 

3 ‘‘(C) standards for monitoring and 

4 verification of electricity use and demand sav5 ings reported by the retail electricity suppliers. 

6 ‘‘(3) CONSIDERATION OF TRANSMISSION AND

7 DISTRIBUTION EFFICIENCY.—In developing regula8 tions under this subsection, the Administrator shall 

9 consider whether electricity savings, in whole or 

10 part, achieved by retail electricity suppliers by im11 proving the efficiency of electric distribution and use 

12 should be eligible for credits established under this 

13 section. 

14 ‘‘(f) COMPLIANCE WITH STATE LAW.—Nothing in 

15 this section supersedes or otherwise affects any State or 

16 local law requiring, or otherwise relating to, reductions in 

17 total annual electricity consumption or peak power con18 sumption by electric consumers to the extent that the 

19 State or local law requires more stringent reductions than 

20 the reductions required under this section. 

21 ‘‘(g) VOLUNTARY PARTICIPATION.—The Adminis22 trator may— 

23 ‘‘(1) pursuant to the regulations promulgated 

24 under subsection (e)(1), issue a credit to any entity 


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1 that is not a retail electric supplier if the entity im2 plements electricity savings; and 

3 ‘‘(2) in a case in which an entity described in 

4 paragraph (1) is a nonprofit or educational organi5 zation, provide to the entity 1 or more grants in lieu 

6 of a credit. 

7 ‘‘SEC. 715. RENEWABLE PORTFOLIO STANDARD. 

8 ‘‘(a) RENEWABLE ENERGY.— 

9 ‘‘(1) IN GENERAL.—The Administrator, in con10 sultation with the Secretary of Energy, shall promul11 gate regulations defining the types and sources of 

12 renewable energy generation that may be carried out 

13 in accordance with this section. 

14 ‘‘(2) INCLUSIONS.—In promulgating regulations 

15 under paragraph (1), the Administrator shall include 

16 of all types of renewable energy (as defined in sec17 tion 203(b) of the Energy Policy Act of 2005 (42 

18 U.S.C. 15852(b))) other than energy generated 

19 from— 

20 ‘‘(A) municipal solid waste; 

21 ‘‘(B) wood contaminated with plastics or 

22 metals; or 

23 ‘‘(C) tires. 

24 ‘‘(b) RENEWABLE ENERGY REQUIREMENT.—Of the 

25 base quantity of electricity sold by each retail electric supVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 plier to electric consumers during a calendar year, the 

2 quantity generated by renewable energy sources shall be 

3 not less than the following percentages: 

‘‘Calendar year: Minimum annual 

percentage: 

2008 through 2009 ................................................ 5 

2010 through 2014 ................................................ 10 

2015 through 2019 ................................................ 15 

2020 and subsequent years .................................... 20 

4 ‘‘(c) RENEWABLE ENERGY CREDIT PROGRAM.—Not 

5 later than 1 year after the date of enactment of this title, 

6 the Administrator shall establish— 

7 ‘‘(1) a program to issue, establish the value of, 

8 monitor the sale or exchange of, and track renewable 

9 energy credits; and 

10 ‘‘(2) penalties for any retail electric supplier 

11 that does not comply with this section. 

12 ‘‘(d) PROHIBITION ON DOUBLE COUNTING.—A re13 newable energy credit issued under subsection (c)— 

14 ‘‘(1) may be counted toward meeting the re15 quirements of subsection (b) only once; and 

16 ‘‘(2) shall vest with the owner of the system or 

17 facility that generates the renewable energy that is 

18 covered by the renewable energy credit, unless the 

19 owner explicitly transfers the renewable energy cred20 it. 

21 ‘‘(e) SALE UNDER PURPA CONTRACT.—If the Ad22 ministrator, after consultation with the Secretary of EnVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 ergy, determines that a renewable energy generator is sell2 ing electricity to comply with this section to a retail elec3 tric supplier under a contract subject to section 210 of 

4 the Public Utilities Regulatory Policies Act of 1978 (16 

5 U.S.C. 824a–3), the retail electric supplier shall be treated 

6 as the generator of the electric energy for the purposes 

7 of this title for the duration of the contract. 

8 ‘‘(f) STATE PROGRAMS.—Nothing in this section pre9 cludes any State from requiring additional renewable en10 ergy generation under any State renewable energy pro11 gram. 

12 ‘‘(g) VOLUNTARY PARTICIPATION.—The Adminis13 trator may issue a renewable energy credit pursuant to 

14 subsection (c) to any entity that is not subject to this sec15 tion only if the entity applying for the renewable energy 

16 credit meets the terms and conditions of this section to 

17 the same extent as retail electric suppliers subject to this 

18 section. 

19 ‘‘SEC. 716. STANDARDS TO ACCOUNT FOR BIOLOGICAL SE20 QUESTRATION OF CARBON. 

21 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

22 date of enactment of title, the Secretary of Agriculture, 

23 with the concurrence of the Administrator, shall establish 

24 standards for accrediting certified reductions in the emisVerDate Aug 31 2005 05:14 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 sion of carbon dioxide through above-ground and below2 ground biological sequestration activities. 

3 ‘‘(b) REQUIREMENTS.—The standards shall in4 clude— 

5 ‘‘(1) a national biological carbon storage base6 line or inventory; and 

7 ‘‘(2) measurement, monitoring, and verification 

8 guidelines based on— 

9 ‘‘(A) measurement of increases in carbon 

10 storage in excess of the carbon storage that 

11 would have occurred in the absence of a new 

12 management practice designed to achieve bio13 logical sequestration of carbon; 

14 ‘‘(B) comprehensive carbon accounting 

15 that— 

16 ‘‘(i) reflects sustained net increases in 

17 carbon reservoirs; and 

18 ‘‘(ii) takes into account any carbon 

19 emissions resulting from disturbance of 

20 carbon reservoirs in existence as of the 

21 date of commencement of any new man22 agement practice designed to achieve bio23 logical sequestration of carbon; 

24 ‘‘(C) adjustments to account for— 


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1 ‘‘(i) emissions of carbon that may re2 sult at other locations as a result of the 

3 impact of the new biological sequestration 

4 management practice on timber supplies; 

5 or 

6 ‘‘(ii) potential displacement of carbon 

7 emissions to other land owned by the enti8 ty that carries out the new biological se9 questration management practice; and 

10 ‘‘(D) adjustments to reflect the expected 

11 carbon storage over various time periods, taking 

12 into account the likely duration of the storage 

13 of carbon in a biological reservoir. 

14 ‘‘(c) UPDATING OF STANDARDS.—Not later than 3 

15 years after the date of establishment of the standards 

16 under subsection (a), and every 3 years thereafter, the 

17 Secretary of Agriculture shall update the standards to 

18 take into consideration the most recent scientific informa19 tion. 

20 ‘‘SEC. 717. EFFECT OF FAILURE TO PROMULGATE REGULA21 TIONS. 

22 ‘‘If the Administrator fails to promulgate regulations 

23 to implement and enforce the limitations specified in sec24 tion 705— 


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1 ‘‘(1)(A) each electric generation facility shall 

2 achieve, not later than January 1, 2010, an annual 

3 quantity of emissions that is less than or equal to— 

4 ‘‘(i) in the case of nitrogen oxides, 15 per5 cent of the annual emissions by a similar elec6 tric generation facility that has no controls for 

7 emissions of nitrogen oxides; and 

8 ‘‘(ii) in the case of global warming pollut9 ants, 75 percent of the annual emissions by a 

10 similar electric generation facility that has no 

11 controls for emissions of global warming pollut12 ants; and 

13 ‘‘(B) each electric generation facility that does 

14 not use natural gas as the primary combustion fuel 

15 shall achieve, not later than January 1, 2010, an an16 nual quantity of emissions that is less than or equal 

17 to— 

18 ‘‘(i) in the case of sulfur dioxide, 5 percent 

19 of the annual emissions by a similar electric 

20 generation facility that has no controls for 

21 emissions of sulfur dioxide; and 

22 ‘‘(ii) in the case of mercury, 10 percent of 

23 the annual emissions by a similar electric gen24 eration facility that has no controls included 


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1 specifically for the purpose of controlling emis2 sions of mercury; and 

3 ‘‘(2) the applicable permit under this Act for 

4 each electric generation facility shall be deemed to 

5 incorporate a requirement for achievement of the re6 duced levels of emissions specified in paragraph (1). 

7 ‘‘SEC. 718. PROHIBITIONS. 

8 ‘‘It shall be unlawful— 

9 ‘‘(1) for the owner or operator of any electric 

10 generation facility— 

11 ‘‘(A) to operate the electric generation fa12 cility in noncompliance with the requirements of 

13 this title (including any regulations imple14 menting this title); 

15 ‘‘(B) to fail to submit by the required date 

16 any emission allowances, or pay any penalty, for 

17 which the owner or operator is liable under sec18 tion 706; 

19 ‘‘(C) to fail to provide and comply with any 

20 plan to offset excess emissions required under 

21 section 706(f); or 

22 ‘‘(D) to emit mercury in excess of the 

23 emission limitations established under section 

24 709; or 


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1 ‘‘(2) for any person to hold, use, or transfer 

2 any emission allowance allocated under this title ex3 cept in accordance with regulations promulgated by 

4 the Administrator. 

5 ‘‘SEC. 719. MODERNIZATION OF ELECTRIC GENERATION FA6 CILITIES. 

7 ‘‘(a) IN GENERAL.—Beginning on the later of Janu8 ary 1, 2015, or the date that is 40 years after the date 

9 on which the electric generation facility commences oper10 ation, each electric generation facility shall be subject to 

11 emission limitations reflecting the application of best 

12 available control technology on a new major source of a 

13 similar size and type (as determined by the Administrator) 

14 as determined in accordance with the procedures specified 

15 in part C of title I. 

16 ‘‘(b) ADDITIONAL REQUIREMENTS.—The require17 ments of this section shall be in addition to the other re18 quirements of this title. 

19 ‘‘SEC. 720. PARAMOUNT INTEREST WAIVER. 

20 ‘‘(a) IN GENERAL.—If the President determines that 

21 a national security emergency exists and, in light of infor22 mation that was not available as of the date of enactment 

23 of this title, that it is in the paramount interest of the 

24 United States to modify any requirement under this title 

25 to minimize the effects of the emergency, the President, 


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1 after opportunity for notice and public comment, may tem2 porarily adjust, suspend, or waive any regulation promul3 gated pursuant to this title to achieve that minimization. 

4 ‘‘(b) CONSULTATION.—In making an emergency de5 termination under subsection (a), the President, to the 

6 maximum extent practicable, shall consult with and take 

7 into consideration any advice received from— 

8 ‘‘(1) the Academy; 

9 ‘‘(2) the Secretary of Energy; or 

10 ‘‘(3) the Administrator. 

11 ‘‘(c) JUDICIAL REVIEW.—An emergency determina12 tion under subsection (a) shall be subject to judicial review 

13 under section 307. 

14 ‘‘SEC. 721. RELATIONSHIP TO OTHER LAW. 

15 ‘‘(a) IN GENERAL.—Except as expressly provided in 

16 this title, nothing in this title— 

17 ‘‘(1) limits or otherwise affects the application 

18 of any other provision of this Act; or 

19 ‘‘(2) precludes a State from adopting and en20 forcing any requirement for the control of emissions 

21 of air pollutants that is more stringent than the re22 quirements imposed under this title. 

23 ‘‘(b) REGIONAL SEASONAL EMISSION CONTROLS.— 

24 Nothing in this title affects any regional seasonal emission 


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1 control for nitrogen oxides established by the Adminis2 trator or a State under title I.’’. 

3 (b) CONFORMING AMENDMENT.—Section 412(a) of 

4 the Clean Air Act (42 U.S.C. 7651k(a)) is amended in 

5 the first sentence by striking ‘‘opacity’’ and inserting 

6 ‘‘mercury, opacity,’’. 

7 SEC. 3. SAVINGS CLAUSE. 

8 Section 193 of the Clean Air Act (42 U.S.C. 7515) 

9 is amended by striking ‘‘date of the enactment of the 

10 Clean Air Act Amendments of 1990’’ each place it appears 

11 and inserting ‘‘date of enactment of the Clean Power Act 

12 of 2007’’. 

13 SEC. 4. ACID PRECIPITATION RESEARCH PROGRAM. 

14 Section 103(j) of the Clean Air Act (42 U.S.C. 

15 7403(j)) is amended— 

16 (1) in paragraph (3)— 

17 (A) in subparagraph (F)(i), by striking 

18 ‘‘effects; and’’ and inserting ‘‘effects, including 

19 an assessment of— 

20 ‘‘(I) acid-neutralizing capacity; 

21 and 

22 ‘‘(II) changes in the number of 

23 water bodies in the sensitive eco24 systems referred to in subparagraph 


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1 (G)(ii) with an acid-neutralizing ca2 pacity greater than zero; and’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(G) SENSITIVE ECOSYSTEMS.— 

5 ‘‘(i) IN GENERAL.—Beginning in 

6 2008, and every 4 years thereafter, the re7 port under subparagraph (E) shall in8 clude— 

9 ‘‘(I) an identification of environ10 mental objectives necessary to be 

11 achieved (and related indicators to be 

12 used in measuring achievement of the 

13 objectives) to adequately protect and 

14 restore sensitive ecosystems; and 

15 ‘‘(II) an assessment of the status 

16 and trends of the environmental objec17 tives and indicators identified in pre18 ceding reports under this paragraph. 

19 ‘‘(ii) SENSITIVE ECOSYSTEMS TO BE

20 ADDRESSED.—Sensitive ecosystems to be 

21 addressed under clause (i) include— 

22 ‘‘(I) the Adirondack Mountains, 

23 mid-Appalachian Mountains, Rocky 

24 Mountains, and southern Blue Ridge 

25 Mountains; 


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1 ‘‘(II) the Great Lakes, Lake 

2 Champlain, Long Island Sound, and 

3 the Chesapeake Bay; and 

4 ‘‘(III) other sensitive ecosystems, 

5 as determined by the Administrator. 

6 ‘‘(H) ACID DEPOSITION STANDARDS.—Be7 ginning in 2008, and every 4 years thereafter, 

8 the report under subparagraph (E) shall include 

9 a revision of the report under section 404 of 

10 Public Law 101–549 (42 U.S.C. 7651 note) 

11 that includes a reassessment of the health and 

12 chemistry of the lakes and streams that were 

13 subjects of the original report under that sec14 tion.’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(4) PROTECTION OF SENSITIVE ECO17 SYSTEMS.— 

18 ‘‘(A) DETERMINATION.—Not later than 

19 December 31, 2014, the Administrator, taking 

20 into consideration the findings and rec21 ommendations of the report revisions under 

22 paragraph (3)(H), shall determine whether 

23 emission reductions under titles IV and VII are 

24 sufficient to— 


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1 ‘‘(i) achieve the necessary reductions 

2 identified under paragraph (3)(F); and 

3 ‘‘(ii) ensure achievement of the envi4 ronmental objectives identified under para5 graph (3)(G). 

6 ‘‘(B) REGULATIONS.— 

7 ‘‘(i) IN GENERAL.—Not later than 2 

8 years after the Administrator makes a de9 termination under subparagraph (A) that 

10 emission reductions are not sufficient, the 

11 Administrator shall promulgate regulations 

12 to protect the sensitive ecosystems referred 

13 to in paragraph (3)(G)(ii). 

14 ‘‘(ii) CONTENTS.—Regulations under 

15 clause (i) shall include modifications to— 

16 ‘‘(I) provisions relating to nitro17 gen oxide and sulfur dioxide emission 

18 reductions; 

19 ‘‘(II) provisions relating to allo20 cations of nitrogen oxide and sulfur 

21 dioxide allowances; and 

22 ‘‘(III) such other provisions as 

23 the Administrator determines to be 

24 necessary.’’. 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR DEPOSI2 TION MONITORING. 

3 (a) OPERATIONAL SUPPORT.—In addition to 

4 amounts made available under any other law, there are 

5 authorized to be appropriated for each of fiscal years 2008 

6 through 2017— 

7 (1) for operational support of the National At8 mospheric Deposition Program National Trends 

9 Network— 

10 (A) $2,000,000 to the United States Geo11 logical Survey; 

12 (B) $600,000 to the Environmental Pro13 tection Agency; 

14 (C) $600,000 to the National Park Serv15 ice; and 

16 (D) $400,000 to the Forest Service; 

17 (2) for operational support of the National At18 mospheric Deposition Program Mercury Deposition 

19 Network— 

20 (A) $400,000 to the Environmental Pro21 tection Agency; 

22 (B) $400,000 to the United States Geo23 logical Survey; 

24 (C) $100,000 to the National Oceanic and 

25 Atmospheric Administration; and 


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1 (D) $100,000 to the National Park Serv2 ice; 

3 (3) for the National Atmospheric Deposition 

4 Program Atmospheric Integrated Research Moni5 toring Network $1,500,000 to the National Oceanic 

6 and Atmospheric Administration; 

7 (4) for the Clean Air Status and Trends Net8 work $5,000,000 to the Environmental Protection 

9 Agency; and 

10 (5) for the Temporally Integrated Monitoring of 

11 Ecosystems and Long-Term Monitoring Program 

12 $2,500,000 to the Environmental Protection Agency. 

13 (b) MODERNIZATION.—In addition to amounts made 

14 available under any other law, there are authorized to be 

15 appropriated— 

16 (1) for equipment and site modernization of the 

17 National Atmospheric Deposition Program National 

18 Trends Network $6,000,000 to the Environmental 

19 Protection Agency; 

20 (2) for equipment and site modernization and 

21 network expansion of the National Atmospheric 

22 Deposition Program Mercury Deposition Network 

23 $2,000,000 to the Environmental Protection Agency; 

24 (3) for equipment and site modernization and 

25 network expansion of the National Atmospheric 


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1 Deposition Program Atmospheric Integrated Re2 search Monitoring Network $1,000,000 to the Na3 tional Oceanic and Atmospheric Administration; and 

4 (4) for equipment and site modernization and 

5 network expansion of the Clean Air Status and 

6 Trends Network $4,600,000 to the Environmental 

7 Protection Agency. 

8 (c) AVAILABILITY OF AMOUNTS.—Each of the 

9 amounts appropriated under subsection (b) shall remain 

10 available until expended. 

11 SEC. 6. TECHNICAL AMENDMENTS. 

12 Title IV of the Clean Air Act (relating to noise pollu13 tion) (42 U.S.C. 7641 et seq.)— 

14 (1) is amended by redesignating sections 401 

15 through 403 as sections 801 through 803, respec16 tively; and 

17 (2) is redesignated as title VIII and moved to 

18 appear at the end of that Act. 

Æ 


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