I 
108TH CONGRESS 
1ST SESSION H. R. 2042
To amend the Clean Air Act to reduce emissions from electric powerplants, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2003
Mr. WAXMAN (for himself, Mr. BOEHLERT, Ms. SCHAKOWSKY, Mr. MCHUGH, 
Ms. VELA´ZQUEZ, Mr. GILCHREST, Mr. DOGGETT, Mrs. JOHNSON of Con-
necticut, Mr. GRIJALVA, Mrs. KELLY, Mr. ALLEN, Mr. LOBIONDO, Mr. 
PALLONE, Mr. SAXTON, Mr. BISHOP of New York, Mr. SHAYS, Mr. 
DAVIS of Florida, and Mr. WALSH) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to reduce emissions from 
electric powerplants, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Smokestacks 
Act of 2003’’. 
SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS. 
Part A of title I of the Clean Air Act (42 U.S.C. 7401 
et seq.) is amended by adding at the end the following:
‘‘(i) shall achieve the objectives in a 
manner that the Administrator determines 
will allocate required emission reductions 
equitably, taking into account emission re-
ductions achieved before the date of enact-
ment of this section and other relevant fac-
tors; 
‘‘(ii) may include, except in the case 
of mercury, market-oriented mechanisms 
(such as emissions trading based on gen-
eration performance standards, auctions, 
or other allocation methods); 
‘‘(iii) shall prevent localized adverse 
effects on public health and the environ-
ment and ensure that significant emission 
reductions are achieved in both the East-
ern and Western regions of the United 
States; 
‘‘(iv) shall ensure that any captured 
or recovered mercury is not rereleased into 
the environment; and 
‘‘(v) shall, include, consistent with 
achieving the objectives set forth in sub-
section (a), incentives for renewable en-
ergy.
‘‘(2) INTERAGENCY
COORDINATION
TO
MINI-
MIZE
COSTS
AND
MAXIMIZE
GAINS.—To minimize 
the economic costs and maximize the economic gains 
of achieving the emission reduction objectives speci-
fied in subsection (a), the Administrator shall co-
ordinate with other departments and agencies of 
Federal and State government to increase energy ef-
ficiency, to increase the use of renewable energy, and 
to implement cost saving advanced demand and sup-
ply side policies, such as those described in the re-
port prepared by the Interlaboratory Working Group 
of the Department of Energy entitled ‘Scenarios for 
a Clean Energy Future’, dated November 2000. 
‘‘(c) ADDITIONAL REDUCTIONS.—The regulations 
promulgated under subsection (b) may require additional 
reductions in emissions from powerplants if the Adminis-
trator determines that the emission levels necessary to 
achieve the emission reduction objectives specified in sub-
section (a) are not reasonably anticipated to protect public 
health or welfare. 
‘‘(d) MODERNIZATION
OF
OUTDATED
POWER-
PLANTS.—
‘‘(1) IN GENERAL.—On the later of the date 
that is 30 years after a powerplant commenced oper-
ation or the date that is 5 years after the date of 
enactment of this section, it shall comply with—
‘‘(A) the most recent new source perform-
ance standards promulgated under section 111; 
and 
‘‘(B) the requirements under parts C and 
D that are applicable to modified sources. 
‘‘(2) ADDITIONAL
REQUIREMENTS.—The re-
quirements of this subsection shall be in addition to 
the requirements of the regulations promulgated 
under subsection (b). 
‘‘(e) OTHER REQUIREMENTS.—The requirements of 
this section shall be in addition to, and not in lieu of, any 
other requirement of this Act. 
‘‘(f) DEFINITION.—In this section, the term ‘power-
plant’ means an electric generation facility with a name-
plate capacity of 15 megawatts or more that uses a com-
bustion device to generate electricity for sale.’’.
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