I
105TH CONGRESS
1ST SESSION
H. R. 1910
To establish minimum nationwide nitrogen oxide pollution standards for fossil-
fuel fired electric powerplants.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 1997
Ms. CARSON introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To establish minimum nationwide nitrogen oxide pollution
standards for fossil-fuel fired electric powerplants.
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 ‘‘Electric Utility Nitro-
gen Oxide Limitation Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Near term reductions in nitrogen oxides is
an important factor in meeting or exceeding our Na-
tion’s ambient air quality standards for ozone.
(2) Airborne nitrogen oxide pollution often mi-
grates across State boundaries.
(3) Different electric utility powerplants have
different nitrogen oxide emission limits, based on the
type, age, and location of the plant.
(4) The onset of competition in electric power
markets can increase demand for power from some
sources, and reduce or eliminate demand from other
sources, thereby significantly changing nitrogen
oxide concentrations.
(5) The current system of control of nitrogen
oxide emissions, when overlaid with the onset of
competition among electric power sources, may have
the unintended effect of encouraging power produc-
tion from plants with higher nitrogen oxide limits
and discouraging improvements in nitrogen oxide
controls.
SEC. 3. ELECTRIC UTILITY NOx POLLUTION LIMIT.
It shall be unlawful for any fossil-fuel fired utility
unit with a nameplate capacity of greater than 25
megawatts of electrical output to emit nitrogen oxides in
excess of a maximum allowable emission standard of 0.35
pounds per million Btu.
SEC. 4. WITHIN-STATE EMISSIONS AVERAGING.
In lieu of complying with section 3, the owner or op-
erator of 2 or more electric utility units within a single
State that are covered by section 3 may elect to use alter-
native contemporaneous annual emission limitations for
those units that ensure that the actual annual emission
rate (measured in pounds of nitrogen oxides per million
Btu) averaged over all of those units is less than or equal
to the Btu-weighted average annual emission rate for the
same units if they had been operated, during the same
period of time, in compliance with the limitation set by
section 3. If the permitting authority determines, in ac-
cordance with regulations issued under section 5, that the
requirements of the preceding sentence will be met, the
permitting authority shall issue operating permits for such
units that allow such alternative contemporaneous annual
emission limitations. Such emission limitations shall only
remain in effect while all such units continue operation
under the conditions specified in their respective operating
permits.
SEC. 5. RULEMAKING; IMPLEMENTATION AND ENFORCE-
MENT.
(a) RULEMAKING.—The Administrator of the Envi-
ronmental Protection Agency shall issue regulations to im-
plement and enforce the requirements of this Act. Such
regulations shall be issued not later than 60 days after
the date of the enactment of this Act.
(b) IMPLEMENTATION AND ENFORCEMENT.—After
December 31, 2000, no unit covered by section 3 or 4 may
operate without a permit issued by the Administrator or
the State in which such unit is located. Such permits shall
be subject to title V of the Clean Air Act (42 U.S.C. 7661
and following). The requirements of this Act shall be
treated as an emission limitation under the Clean Air Act
for purposes of sections 113 and 304 of such Act.
SEC. 6. DEFINITIONS.
For purposes of this Act, terms used in this Act shall
have the same meaning as provided by section 402 of the
Clean Air Act.
SEC. 7. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act shall take effect on the date of the enactment
of this Act.
(b) NITROGEN OXIDE STANDARD.—Sections 3, 4,
and 5 of this Act shall take effect with respect to any emis-
sions occurring after December 31, 2000.
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