IIB 
115TH CONGRESS 
2D SESSION 
H. R. 1119 
IN THE SENATE OF THE UNITED STATES 
MARCH 8, 2018 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To establish the bases by which the Administrator of the 
Environmental Protection Agency shall issue, implement, 
and enforce certain emission limitations for existing elec-
tric utility steam generating units that convert coal 
refuse into energy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Satisfying Energy 
Needs and Saving the Environment Act’’ or the ‘‘SENSE 
Act’’. 
SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. 
(a) DEFINITIONS.—In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BOILER OPERATING DAY.—The term ‘‘boiler 
operating day’’ has the meaning given such term in 
section 63.10042 of title 40, Code of Federal Regu-
lations, or any successor regulation. 
(3) COAL
REFUSE.—The term ‘‘coal refuse’’ 
means any byproduct of coal mining, physical coal 
cleaning, or coal preparation operation that contains 
coal, matrix material, clay, and other organic and in-
organic material. 
(4) COAL
REFUSE
ELECTRIC
UTILITY
STEAM 
GENERATING UNIT.—The term ‘‘coal refuse electric 
utility steam generating unit’’ means an electric util-
ity steam generating unit that— 
(A) is in operation as of the date of enact-
ment of this Act; 
(B) uses fluidized bed combustion tech-
nology to convert coal refuse into energy; and 
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(C) uses coal refuse as at least 75 percent 
of the annual fuel consumed, by heat input, of 
the unit. 
(5) COAL REFUSE-FIRED FACILITY.—The term 
‘‘coal refuse-fired facility’’ means all coal refuse elec-
tric utility steam generating units that are— 
(A) located on one or more contiguous or 
adjacent properties; 
(B) specified within the same Major Group 
(2-digit code), as described in the Standard In-
dustrial Classification Manual (1987); and 
(C) under common control of the same 
person (or persons under common control). 
(6) ELECTRIC
UTILITY
STEAM
GENERATING 
UNIT.—The term ‘‘electric utility steam generating 
unit’’ means an electric utility steam generating 
unit, as such term is defined in section 63.10042 of 
title 40, Code of Federal Regulations, or any suc-
cessor regulation. 
(b) EMISSION LIMITATIONS TO ADDRESS HYDROGEN 
CHLORIDE AND SULFUR DIOXIDE AS HAZARDOUS AIR 
POLLUTANTS.— 
(1) APPLICABILITY.—For purposes of regu-
lating emissions of hydrogen chloride or sulfur diox-
ide from a coal refuse electric utility steam gener-
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ating unit under section 112 of the Clean Air Act 
(42 U.S.C. 7412), the Administrator— 
(A) shall authorize the operator of such 
unit to elect that such unit comply with ei-
ther— 
(i) an emissions standard for emis-
sions of hydrogen chloride that meets the 
requirements of paragraph (2); or 
(ii) an emission standard for emis-
sions of sulfur dioxide that meets the re-
quirements of paragraph (2); and 
(B) may not require that such unit comply 
with both an emission standard for emissions of 
hydrogen chloride and an emission standard for 
emissions of sulfur dioxide. 
(2) RULES FOR EMISSION LIMITATIONS.— 
(A) IN
GENERAL.—The Administrator 
shall require an operator of a coal refuse elec-
tric utility steam generating unit to comply, at 
the election of the operator, with no more than 
one of the following emission standards: 
(i) An emission standard for emissions 
of hydrogen chloride from such unit that is 
no more stringent than an emission rate of 
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0.002 pounds per million British thermal 
units of heat input. 
(ii) An emission standard for emis-
sions of hydrogen chloride from such unit 
that is no more stringent than an emission 
rate of 0.02 pounds per megawatt-hour. 
(iii) An emission standard for emis-
sions of sulfur dioxide from such unit that 
is no more stringent than an emission rate 
of 0.20 pounds per million British thermal 
units of heat input. 
(iv) An emission standard for emis-
sions of sulfur dioxide from such unit that 
is no more stringent than an emission rate 
of 1.5 pounds per megawatt-hour. 
(v) An emission standard for emis-
sions of sulfur dioxide from such unit that 
is no more stringent than capture and con-
trol of 93 percent of sulfur dioxide across 
the generating unit or group of generating 
units, as determined by comparing— 
(I) the expected sulfur dioxide 
generated from combustion of fuels 
emissions calculated based upon as- 
fired fuel samples, to 
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