I 
109TH CONGRESS 
1ST SESSION H. R. 1873 
To amend the Clean Air Act to establish a national uniform multiple air 
pollutant regulatory program for the electric generating sector. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2005 
Mr. BASS (for himself, Mr. DAVIS of Florida, Mr. COOPER, and Mr. BRADLEY 
of New Hampshire) introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to establish a national uniform 
multiple air pollutant regulatory program for the electric 
generating sector. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Air Planning Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Integrated air quality planning for the electric generating sector. 
Sec. 4. New source review program.
Sec. 5. Revisions to sulfur dioxide allowance program. 
Sec. 6. Relationship to other law. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) fossil fuel-fired electric generating facilities, 
consisting of facilities fueled by coal, fuel oil, and 
natural gas, produce nearly 2⁄3 of the electricity gen-
erated in the United States; 
(2) fossil fuel-fired electric generating facilities 
produce approximately 2⁄3 of the total sulfur dioxide 
emissions, 1⁄3 of the total nitrogen oxides emissions, 
1⁄3 of the total carbon dioxide emissions, and 1⁄3 of 
the total mercury emissions, in the United States; 
(3)(A) many electric generating facilities have 
been exempt from the emission limitations applicable 
to new units based on the expectation that over time 
the units would be retired or updated with new pol-
lution control equipment; but 
(B) many of the exempted units continue to op-
erate and emit pollutants at relatively high rates; 
(4) pollution from existing electric generating 
facilities can be reduced through adoption of modern 
technologies and practices; 
(5) the electric generating industry is being re-
structured with the objective of providing lower elec-
tricity rates and higher quality service to consumers;
(6) the full benefits of competition will not be 
realized if the environmental impacts of generation 
of electricity are not uniformly internalized; and 
(7) the ability of owners of electric generating 
facilities to effectively plan for the future is impeded 
by the uncertainties surrounding future environ-
mental regulatory requirements that are imposed in-
efficiently on a piecemeal basis. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to protect and preserve the environment and 
safeguard public health by ensuring that substantial 
emission reductions are achieved at fossil fuel-fired 
electric generating facilities; 
(2) to significantly reduce the quantities of 
mercury, carbon dioxide, sulfur dioxide, and nitrogen 
oxides that enter the environment as a result of the 
combustion of fossil fuels; 
(3) to encourage the development and use of re-
newable energy; 
(4) to internalize the cost of protecting the val-
ues of public health, air, land, and water quality in 
the context of a competitive market in electricity; 
(5) to ensure fair competition among partici-
pants in the competitive market in electricity that
will result from fully restructuring the electric gener-
ating industry; 
(6) to provide a period of environmental regu-
latory stability for owners and operators of electric 
generating facilities so as to promote improved man-
agement of existing assets and new capital invest-
ments; and 
(7) to achieve emission reductions from electric 
generating facilities in a cost-effective manner. 
SEC. 3. INTEGRATED AIR QUALITY PLANNING FOR THE 
ELECTRIC GENERATING SECTOR. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by adding at the end the following: 
‘‘TITLE 
VII—INTEGRATED 
AIR 
QUALITY PLANNING FOR THE 
ELECTRIC GENERATING SEC-
TOR 
‘‘Sec. 701. Definitions. 
‘‘Sec. 702. National pollutant tonnage limitations. 
‘‘Sec. 703. Nitrogen oxide and mercury allowance trading programs. 
‘‘Sec. 704. Carbon dioxide allowance trading program. 
‘‘SEC. 701. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AFFECTED UNIT.— 
‘‘(A) MERCURY.—The term ‘affected unit’, 
with respect to mercury, means a coal-fired
electric generating facility (including a cogener-
ating facility) that— 
‘‘(i) has a nameplate capacity greater 
than 25 megawatts; and 
‘‘(ii) generates electricity for sale. 
‘‘(B) NITROGEN OXIDES AND CARBON DI-
OXIDE.—The term ‘affected unit’, with respect 
to nitrogen oxides and carbon dioxide, means a 
fossil fuel-fired electric generating facility (in-
cluding a cogenerating facility) that— 
‘‘(i) has a nameplate capacity greater 
than 25 megawatts; and 
‘‘(ii) generates electricity for sale. 
‘‘(C) SULFUR
DIOXIDE.—The term ‘af-
fected unit’, with respect to sulfur dioxide, has 
the meaning given the term in section 402. 
‘‘(2) CARBON DIOXIDE ALLOWANCE.—The term 
‘carbon dioxide allowance’ means an authorization 
allocated by the Administrator under this title to 
emit 1 ton of carbon dioxide during or after a speci-
fied calendar year. 
‘‘(3) COVERED UNIT.—The term ‘covered unit’ 
means— 
‘‘(A) an affected unit;