I
106TH CONGRESS
1ST SESSION
H. R. 2900
To reduce emissions from electric powerplants, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1999
Mr. WAXMAN (for himself, Mr. BOEHLERT, Mr. OLVER, Ms. DELAURO, Mr.
HINCHEY, Mr. LEWIS of Georgia, Ms. MCKINNEY, Mr. FARR of Cali-
fornia, Mr. VENTO, Mr. KENNEDY of Rhode Island, Mr. MCGOVERN, Ms.
SCHAKOWSKY, Mr. JACKSON of Illinois, Mr. MORAN of Virgina, Mr. LAN-
TOS, and Mr. KUCINICH) introduced the following bill; which was referred
to the Committee on Commerce
A BILL
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 1999’’.
SEC. 2. REDUCING 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
section:
‘‘REDUCING EMISSIONS FROM POWERPLANTS
‘‘SEC. 132. (a) EMISSION
REDUCTION
OBJEC-
TIVES.—The emissions reduction objectives of this section
are to—
‘‘(1) reduce aggregate sulfur dioxide emissions
from powerplants from 1997 levels by 75 percent by
January 1, 2005;
‘‘(2) reduce aggregate emissions of nitrogen ox-
ides from powerplants from 1997 levels by 75 per-
cent by January 1, 2005;
‘‘(3) reduce aggregate carbon dioxide emissions
from powerplants by January 1, 2005, to the level
of carbon dioxide emissions from powerplants in
1990; and
‘‘(4) reduce aggregate mercury emissions from
powerplants from 1997 levels by 90 percent by Jan-
uary 1, 2005.
‘‘(b) AGENCY ACTION.—Not later than 2 years after
the enactment of this section, the Administrator shall pro-
mulgate regulations to achieve the emissions reduction ob-
jectives specified in subsection (a). Such regulations shall
achieve the objectives in a manner that the Administrator
determines will allocate required emission reductions equi-
tably, taking into account emission reductions achieved
prior to enactment of this section and other relevant fac-
tors, and may include market-oriented mechanisms where
appropriate, such as emission trading mechanisms. Such
regulations shall prevent localized adverse effects on public
health and the environment and shall prohibit emission
trading in mercury.
‘‘(c) ADDITIONAL REDUCTIONS.—The Administrator
may require additional reductions in emissions from pow-
erplants in the regulations under subsection (b) if the Ad-
ministrator determines that the emissions levels necessary
to achieve the objectives specified in subsection (a) would
not be reasonably anticipated to protect public health or
welfare.
‘‘(d) MODERNIZATION
OF
OUTDATED
POWER-
PLANTS.—(1) On the later of the date that is 30 years
after the powerplant commenced operation or 5 years after
the enactment of this section, every outdated powerplant
shall comply with the most recent new source performance
standards promulgated under section 111, and with the
requirements under subparts C and D of this Act, applica-
ble to modified sources.
‘‘(2) The requirements of this subsection shall be in
addition to the requirements of regulations issued under
subsection (b).
‘‘(e) OTHER REQUIREMENTS.—This section shall not
affect the application of any other requirements of this
Act.
‘‘(f) DEFINITION OF POWERPLANT.—For purposes of
this section—
‘‘(1) The term ‘powerplant’ means an electric
generation facility with a nameplate capacity of 15
megawatts or greater that uses a combustion device
to generate electricity for sale.
‘‘(2) The term ‘outdated powerplant’ means a
powerplant that has been in operation for 30 years
or more. Any period during which a powerplant is
out of service shall not be taken into account for
purposes of calculating the 30-year period.’’.
Æ