I 
111TH CONGRESS 
1ST SESSION H. R. 1841 
To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and 
mercury emissions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2009 
Mr. MCHUGH introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, Science and Technology, and Agriculture, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Clean Air Act to reduce sulfur dioxide, nitro-
gen oxide, and mercury emissions, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Acid Rain and Mercury Control Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
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Sec. 2. Findings and purposes. 
Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from power-
plants. 
Sec. 4. Mercury emission reductions. 
Sec. 5. Effect on other law. 
Sec. 6. Protecting sensitive regional ecosystems. 
Sec. 7. Authorization of appropriations. 
Sec. 8. Modernization. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) reductions of atmospheric sulfur dioxide and 
nitrogen oxide from utility plants, in addition to the 
reductions required under the Clean Air Act (42 
U.S.C. 7401 et seq.), are needed to reduce acid dep-
osition and its serious adverse effects on public 
health, natural resources, building structures, sen-
sitive ecosystems, and visibility; 
(2) sulfur dioxide and nitrogen oxide contribute 
to the development of fine particulates, suspected of 
causing human mortality and morbidity to a signifi-
cant extent; 
(3) regional nitrogen oxide reductions of 75 
percent in the Eastern United States, in addition to 
the reductions required under the Clean Air Act, 
may be necessary to protect sensitive watersheds 
from the effects of nitrogen deposition; 
(4) since the Clean Air Act Amendments of 
1990 were enacted, some acidic lakes in the Adiron-
dacks in the State of New York have started to 
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slowly show chemical recovery from acid rain, dem-
onstrating that sulfur dioxide and nitrogen oxide 
regulations can be implemented in a cost-effective 
manner, but the recovery is progressing at a slower 
rate than originally intended; 
(5) nitrogen oxide is highly mobile and can lead 
to ozone formation hundreds of miles from the emit-
ting source; 
(6) on March 10, 2005, the Environmental Pro-
tection Agency (EPA) issued the Clean Air Inter-
state Rule (CAIR) to require additional reductions 
in sulfur dioxide and nitrogen oxide in 28 Eastern 
States and the District of Columbia; 
(7) these reductions represent approximately a 
70 percent reduction in sulfur dioxide and a 60 per-
cent reduction in nitrogen oxide in the affected 
States; 
(8) on July 11, 2008, the United States Court 
of Appeals for the District of Columbia Circuit va-
cated CAIR and on December 23, 2008, the same 
court remanded the rule back to the EPA without 
vacature; 
(9) fossil fuel-fired electric generating units 
emit approximately 1⁄3 of the total mercury emis-
sions in the United States; 
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(10) mercury is considered a neurotoxin which 
can bioaccumulate as it moves its way up the food 
chain and is especially harmful to young children 
and developing fetuses; 
(11) according to the EPA, there were 3,080 
fish advisories for mercury in 2006; there are over 
90 fish advisories for mercury in New York alone, 
with blanket warning for the Adirondack and Cats-
kill Mountains; 
(12) on March 15, 2005, EPA issued the Clean 
Air Mercury Rule (CAMR), which for the first time 
sought to regulate mercury emissions from power 
plants, but used a less restrictive cap-and-trade ap-
proach for this very harmful substance and would 
take a full decade to implement; 
(13) on February 8, 2008, the United States 
Court of Appeals for the District of Columbia Cir-
cuit vacated CAMR; and 
(14) on February 23, 2009, the Supreme Court 
denied a request to reconsider the decision. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to recognize the current scientific under-
standing that emissions of sulfur dioxide and nitro-
gen oxide, and the acid deposition resulting from 
emissions of sulfur dioxide and nitrogen oxide, 
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present a substantial human health and environ-
mental risk; 
(2) to require reductions in sulfur dioxide and 
nitrogen oxide emissions; 
(3) to support the efforts of existing acid rain 
and mercury monitoring programs located through-
out the country; 
(4) to reduce utility emissions of nitrogen oxide 
by 75 percent from 1997 levels; 
(5) to reduce utility emissions of sulfur dioxide 
by 75 percent after the implementation of phase II 
sulfur dioxide requirements under section 405 of the 
Clean Air Act (42 U.S.C. 7651d); and 
(6) to adopt a strict standard for mercury emis-
sions by power plants of 0.6 pounds per trillion Btu 
without allowing for a cap-and-trade system. 
SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN 
OXIDE 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: 
‘‘SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITRO-
GEN OXIDE EMISSIONS FROM POWERPLANTS. 
‘‘(a) EMISSION REDUCTION OBJECTIVES.—The emis-
sion reduction objectives of this section are to reduce, not 
later than January 1, 2012— 
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‘‘(1) aggregate sulfur dioxide emissions from 
powerplants by 75 percent from the levels allowed 
under full implementation of the Phase II sulfur di-
oxide requirements under title IV (relating to acid 
deposition control); and 
‘‘(2) aggregate nitrogen oxide emissions from 
powerplants by 75 percent from 1997 levels. 
‘‘(b) AGENCY ACTION.— 
‘‘(1) REGULATIONS.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this section, the 
Administrator shall promulgate regulations to 
achieve the emission reduction objectives speci-
fied in subsection (a). 
‘‘(B) ELEMENTS.—The regulations pro-
mulgated under subparagraph (A)— 
‘‘(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 market-oriented 
mechanisms (such as emissions trading 
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based on generation performance stand-
ards, auctions, or other allocation meth-
ods); 
‘‘(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; and 
‘‘(iv) 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 
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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). 
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‘‘(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 25 megawatts or more that uses a com-
bustion device to generate electricity for sale.’’. 
SEC. 4. MERCURY EMISSION REDUCTIONS. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by adding at the end the following: 
‘‘TITLE VII—MERCURY 
REDUCTIONS 
‘‘Sec. 701. Definitions. 
‘‘Sec. 702. Mercury reduction program. 
‘‘Sec. 703. Prohibitions. 
‘‘SEC. 701. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AFFECTED
UNIT.—The term ‘affected 
unit’ means a coal-fired electric generating facility 
(including a cogeneration facility) that— 
‘‘(A) has a nameplate capacity greater 
than 25 megawatts; and 
‘‘(B) generates electricity for sale. 
‘‘(2) COGENERATION FACILITY.—The term ‘co-
generation facility’ means a facility that— 
‘‘(A) cogenerates— 
‘‘(i) steam; and 
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‘‘(ii) electricity; and 
‘‘(B) supplies, on a net annual basis, to 
any utility power distribution system for sale— 
‘‘(i) more than 1⁄3 of the potential 
electric output capacity of the facility; and 
‘‘(ii) more than 25 megawatts of elec-
trical output of the facility. 
‘‘SEC. 702. MERCURY REDUCTION PROGRAM. 
‘‘(a) NEW UNIT REQUIREMENT.—Any affected unit 
that commences operation after December 31, 2010, shall 
be considered a new unit for the purposes of this section 
and shall not exceed the emission limit of 0.6 pounds mer-
cury per trillion Btu (0.6 lb Hg/TBtu) upon commence-
ment of operation. 
‘‘(b) EXISTING UNIT REQUIREMENT.—Any affected 
unit that commences operation on or before December 31, 
2010, shall not exceed the emission limit of 0.6 pounds 
mercury per trillion Btu by January 1, 2013. 
‘‘(c) MONITORING SYSTEM.—Not later than January 
1, 2011, the Administrator shall promulgate regulations 
requiring operation, reporting and certification of contin-
uous emissions monitoring systems (CEMS) to accurately 
measure the quantity of mercury that is emitted from each 
affected unit. 
‘‘(d) EXCESS EMISSIONS.— 
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‘‘(1) IN GENERAL.—The owner or operator of 
an affected unit that emits mercury in excess of the 
emission limitation described in subsections (b) and 
(c) shall pay an excess emissions penalty determined 
under paragraph (2). 
‘‘(2) DETERMINATION
OF
EXCESS
EMISSIONS 
PENALTY.—The excess emissions penalty shall be an 
amount equal to $10,000 for each ounce of mercury 
emitted in excess of the emission limitations for mer-
cury described in subsections (b) and (c). 
‘‘(e) PREVENTION OF MERCURY RE-RELEASE.—Not 
later than January 1, 2011, the Administrator shall pro-
mulgate regulations to ensure that any mercury captured 
or recovered by emission controls installed at an affected 
unit is not re-released into the environment. 
‘‘SEC. 703. PROHIBITIONS. 
‘‘It shall be unlawful— 
‘‘(1) for the owner or operator of any electricity 
generating facility— 
‘‘(A) to operate the electricity generating 
facility in noncompliance with the requirements 
of this title (including any regulations imple-
menting this title); 
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‘‘(B) to fail to submit by the required date 
any emission allowances, or pay any penalty, for 
which the owner or operator is liable; 
‘‘(C) to fail to provide and comply with any 
plan to offset excess emissions; or 
‘‘(D) to emit mercury in excess of the 
emission limitations established under section 
702; or 
‘‘(2) for any person to hold, use, or transfer 
any emission allowance allocated under this title ex-
cept in accordance with regulations promulgated by 
the Administrator.’’. 
SEC. 5. EFFECT ON OTHER LAW. 
Nothing in this Act— 
(1) affects the ability of a State to take State 
actions to further limit sulfur dioxide, nitrogen 
oxide, or mercury; and 
(2) except as expressly provided in this Act— 
(A) modifies or otherwise affects any re-
quirement of this Act in effect on the day be-
fore the date of enactment of this Act; or 
(B) relieves any person of the responsi-
bility to comply with this Act. 
SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS. 
(a) REPORT.— 
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(1) IN GENERAL.—Not later than December 31, 
2012, the Administrator shall submit to Congress a 
report identifying objectives for scientifically credible 
environmental indicators, as determined by the Ad-
ministrator of the Environmental Protection Agency, 
that are sufficient to protect and restore sensitive 
ecosystems of the Adirondack Mountains, mid-Appa-
lachian Mountains, Catskill Mountains, Rocky 
Mountains, and Southern Blue Ridge Mountains and 
water bodies of the Great Lakes, Lake Champlain, 
Long Island Sound, the Chesapeake Bay and other 
sensitive ecosystems, as determined by the Adminis-
trator. 
(2) UPDATED REPORT.—Not later than Decem-
ber 31, 2021, the Administrator shall submit to 
Congress a report updating the report under para-
graph (1) and assessing the status and trends of 
various environmental objectives and indicators for 
the sensitive regional ecosystems referred to in para-
graph (1). 
(3) REPORTS UNDER THE NATIONAL ACID PRE-
CIPITATION
ASSESSMENT
PROGRAM.—The reports 
under this subsection shall be subject to the require-
ments 
applicable 
to 
a 
report 
under 
section 
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103(j)(3)(E) of the Clean Air Act (42 U.S.C. 
7403(j)(3)(E)). 
(b) REGULATIONS.— 
(1) DETERMINATION.—Not later than Decem-
ber 31, 2019, the Administrator shall determine 
whether emission reductions under title VII of the 
Clean Air Act are sufficient to ensure achievement 
of the objectives stated in subsection (a)(1). 
(2) PROMULGATION.—If the Administrator de-
termines under paragraph (1) that emission reduc-
tions under title VII of the Clean Air Act are not 
sufficient to ensure achievement of the objectives 
identified in subsection (a)(1), the Administrator 
shall promulgate, not later than 2 years after mak-
ing the finding, such regulations, including modifica-
tion of sulfur dioxide and nitrogen oxide allowance 
allocations or any such measure, as the Adminis-
trator determines are necessary to protect the sen-
sitive ecosystems described in subsection (a)(1). 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
In addition to amounts made available under any 
other law, there are authorized to be appropriated for each 
of fiscal years 2010 through 2020— 
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