Healthy Air and Clean Water Act - Amends the Clean Air Act to provide that affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2008, shall be considered new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu. Prohibits affected units that commence operation on or before December 31, 2008, from exceeding such limit by January 1, 2011.
Sets forth penalties for excess emissions. Requires the Administrator of the Environmental Protection Agency (EPA) to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment.
Sets carbon dioxide emission limits for affected units for 2015, 2020, 2030, 2040, and 2050. Requires the Administrator to establish a carbon dioxide allowance trading program.
Declares that nothing in this Act affects the ability of states to take actions to further limit climate change.
Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.
Requires the Administrator to promulgate regulations to reduce, not later than January 1, 2010, specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants. Authorizes the regulations to include market-oriented mechanisms.
Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies.
Requires a power plant, on the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3989
To amend the Clean Air Act to reduce mercury, carbon dioxide, sulfur
dioxide, and nitrogen oxide emissions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2007
Mr. McHugh introduced the following bill; which was referred to the
Committee 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
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Clean Air Act to reduce mercury, carbon dioxide, sulfur
dioxide, and nitrogen oxide emissions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Healthy Air and Clean Water Act''.
TITLE I--MERCURY AND CARBON DIOXIDE EMISSION REDUCTIONS
Sec. 101. Findings and purposes.
Sec. 102. Mercury and carbon dioxide emissions reductions.
Sec. 103. Protecting sensitive regional ecosystems.
Sec. 104. Authorization of appropriations.
Sec. 105. Modernization.
TITLE II--SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS
Sec. 201. Reduction of emissions from powerplants.
TITLE I--MERCURY AND CARBON DIOXIDE EMISSION REDUCTIONS
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) fossil fuel-fired electric generating units emit
approximately \1/3\ of the total mercury and carbon dioxide
emission in the United States;
(2) the Environmental Protection Agency has yet to
adequately address the emissions of either mercury or carbon
dioxide;
(3) owners of electric generating units seek regulatory
certainty when complying with environmental standards; and
(4) many states have already taken action, either by
themselves or in partnerships, to reduce their emissions of
mercury and carbon dioxide.
(b) Purposes.--The purposes of this Act are--
(1) to protect the quality of our Nation's air and water
quality by substantially reducing the emissions from fossil
fuel-fired electric generating units;
(2) to reduce the impact of climate change by limiting
emissions of carbon dioxide;
(3) to enhance human and wildlife health by limiting
emissions of mercury; and
(4) to develop and promote sources of clean energy that do
not require the burning of fossil fuels.
SEC. 102. MERCURY AND CARBON DIOXIDE EMISSIONS REDUCTIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following:
``TITLE VII--MERCURY AND CARBON DIOXIDE REDUCTIONS
``Sec. 701. Definitions.
``Sec. 702. Mercury reduction program.
``Sec. 703. Carbon dioxide trading program.
``Sec. 704. Prohibitions.
``Sec. 705. Effect on other law.
``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 `cogeneration
facility' means a facility that--
``(A) cogenerates--
``(i) steam; and
``(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 electrical
output of the facility.
``SEC. 702. MERCURY REDUCTION PROGRAM.
``(a) New Unit Requirement.--Any affected unit that commences
operation after December 31, 2008, shall be considered a new unit for
the purposes of this section and shall not exceed the emission limit of
0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement
of operation.
``(b) Existing Unit Requirement.--Any affected unit that commences
operation on or before December 31, 2008, shall not exceed the emission
limit of 0.6 pounds mercury per trillion Btu by January 1, 2011.
``(c) Monitoring System.--Not later than January 1, 2009, the
Administrator shall promulgate regulations requiring operation,
reporting and certification of continuous emissions monitoring systems
(CEMS) to accurately measure the quantity of mercury that is emitted
from each affected unit.
``(d) Excess Emissions.--
``(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 mercury described in subsections (b) and (c).
``(e) Prevention of Mercury Re-Release.--Not later than January 1,
2009, the Administrator shall promulgate 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. CARBON DIOXIDE TRADING PROGRAM.
``(a) Definitions.--In this section:
``(1) Allowance.--The term `allowance' mean a carbon
dioxide allowance equivalent to emitting one ton of carbon
dioxide during the year that it was issued or any subsequent
year.
``(2) Renewable energy.--The term `renewable energy' means
electricity generated from--
``(A) wind;
``(B) organic waste (excluding incinerated
municipal solid waste);
``(C) biomass (including anaerobic digestion from
farm systems and landfill gas recovery);
``(D) fuel cells; or
``(E) a hydroelectric, geothermal, solar thermal,
photovoltaic, or other nonfossil fuel, nonnuclear
source.
``(b) Carbon Dioxide Emission Levels for 2015, 2020, 2030, 2040,
and 2050.--
``(1) By January 1, 2015, carbon dioxide emission levels
for affected units shall not exceed the level of carbon dioxide
emissions for affected units in 2005.
``(2) By January 1, 2020, carbon dioxide emission levels
for affected units shall not exceed 75 percent of the level of
carbon dioxide emissions for affected units in 2005.
``(3) By January 1, 2030, carbon dioxide emission levels
for affected units shall not exceed 50 percent of the level of
carbon dioxide emissions for affected units in 2005.
``(4) By January 1, 2040, carbon dioxide emission levels
for affected units shall not exceed 35 percent of the level of
carbon dioxide emissions for affected units in 2005.
``(5) By January 1, 2050, carbon dioxide emission levels
for affected units shall not exceed 20 percent of the level of
carbon dioxide emissions for affected units in 2005.
``(c) Regulations.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations to establish an
allowance trading program for affected units in the United
States.
``(2) Required elements.--Regulations promulgated under
paragraph (1) shall establish requirements for the carbon
dioxide allowance trading program under this section, including
requirements concerning--
``(A) the issuance, auction, and use of carbon
dioxide allowances. Such allowances shall be--
``(i) 100 percent auctioned; and
``(ii) the proceeds of such auction shall
be deposited into a special fund jointly
administered by the Department of Energy and
Environmental Protection Agency to fund
research and development of renewable energy
projects.
``(B) the transfer of allowances;
``(C) the monitoring, tracking and reporting of
carbon dioxide allowances; and
``(d) Compliance and Enforcement.--
``(1) In general.--For calendar year 2015 and each calendar
year thereafter, the owner of each affected unit shall
surrender to the Administrator a quantity of allowances that is
equal to the total tons of carbon dioxide emitted by the
affected unit during the calendar year.
``(2) Penalty.--The owner of an affected unit that emits
carbon dioxide in excess of the allowances that the owner holds
for use for the affected unit for the calendar year shall pay
an excess emissions penalty equal to the product obtained by
multiplying--
``(A) the number of tons of carbon dioxide emitted
inexcess of the total quantity of allowances held; and
``(B) $150, adjusted for changes in the Consumer
Price Index for All-Urban Consumers published by the
Department of Labor.
``(e) Allowance Not a Property Right.--An allowance--
``(1) is not a property right; and
``(2) may be terminated or limited by the Administrator.
``(f) No Judicial Review.--An auction or issuance of an allowance
by the Administrator shall not be subject to judicial review.
``SEC. 704. 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 implementing this
title);
``(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 except in accordance with
regulations promulgated by the Administrator.
``SEC. 705. EFFECT ON OTHER LAW.
``Nothing in this title--
``(1) affects the ability of a State to take State actions
to further limit climate change (except that section 209 shall
apply to standards for vehicles); and
``(2) except as expressly provided in this title--
``(A) modifies or otherwise affects any requirement
of this Act in effect on the day before the date of
enactment of this title; or
``(B) relieves any person of the responsibility to
comply with this Act.''.
SEC. 103. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.
(a) Report.--
(1) In general.--Not later than December 31, 2010, the
Administrator shall submit to Congress a report identifying
objectives for scientifically credible environmental
indicators, as determined by the Administrator, that are
sufficient to protect and restore sensitive ecosystems of the
Adirondack Mountains, mid-Appalachian 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 Administrator.
(2) Updated report.--Not later than December 31, 2019, the
Administrator shall submit to Congress a report updating the
report under paragraph (1) and assessing the status and trends
of various environmental objectives and indicators for the
sensitive regional ecosystems referred to in paragraph (1).
(3) Reports under the national acid precipitation
assessment program.--The reports under this subsection shall be
subject to the requirements applicable to a report under
section 103(j)(3)(E) of the Clean Air Act (42 U.S.C.
7403(j)(3)(E)).
(b) Regulations.--
(1) Determination.--Not later than December 31, 2019, the
Administrator shall determine whether emissions 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 determines under
paragraph (1) that emissions reductions 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 making the
finding, such regulations, including modification of nitrogen
oxide and sulfur dioxide allowance allocations or any such
measure, as the Administrator determines are necessary to
protect the sensitive ecosystems described in subsection
(a)(1).
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts made available under any other law, there
are authorized to be appropriated for each of fiscal years 2008 through
2018--
(1) for operational support of the National Atmospheric
Deposition Program National Trends Network--
(A) $2,000,000 to the United States Geological
Survey;
(B) $600,000 to the Environmental Protection
Agency;
(C) $600,000 to the National Park Service; and
(D) $400,000 to the Forest Service;
(2) for operational support of the National Atmospheric
Deposition Program Mercury Deposition Network--
(A) $400,000 to the Environmental Protection
Agency;
(B) $400,000 to the United States Geological
Survey;
(C) $100,000 to the National Oceanic and
Atmospheric Administration; and
(D) $100,000 to the National Park Service;
(3) for the National Atmospheric Deposition Program
Atmospheric Integrated Research Monitoring Network $1,500,000
to the National Oceanic and Atmospheric Administration;
(4) for the Clean Air Status and Trends Network $5,000,000
to the Environmental Protection Agency; and
(5) for the Temporally Integrated Monitoring of Ecosystems
and Long-Term Monitoring Program $2,500,000 to the
Environmental Protection Agency.
SEC. 105. MODERNIZATION.
(a) Authorization of Appropriations.--In addition to amounts made
available under any other law, there are authorized to be
appropriated--
(1) for equipment and site modernization of the National
Atmospheric Deposition Program National Trends Network
$6,000,000 to the Environmental Protection Agency;
(2) for equipment and site modernization and network
expansion of the National Atmospheric Deposition Program
Mercury Deposition Network $2,000,000 to the Environmental
Protection Agency;
(3) for equipment and site modernization and network
expansion of the National Atmospheric Deposition Program
Atmospheric Integrated Research Monitoring Network $1,000,000
to the National Oceanic and Atmospheric Administration; and
(4) for equipment and site modernization and network
expansion of the Clean Air Status and Trends Network $4,600,000
to the Environmental Protection Agency.
(b) Availability of Amounts.--Each of the amounts appropriated
under subsection (b) shall remain available until expended.
TITLE II--SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS
SEC. 201. REDUCTION OF 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 EMISSIONS FROM POWERPLANTS.
``(a) Emission Reduction Objectives.--The emission reduction
objectives of this section are to reduce, not later than January 1,
2010:
``(1) aggregate sulfur dioxide emissions from powerplants
by 75 percent from the levels allowed under full implementation
of the Phase II sulfur dioxide 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 specified in subsection (a).
``(B) Elements.--The regulations promulgated 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
reductions achieved before the date of
enactment of this section and other relevant
factors;
``(ii) may include market-oriented
mechanisms (such as emissions trading based on
generation performance standards, auctions, or
other allocation methods);
``(iii) shall prevent localized adverse
effects on public health and the environment
and ensure that significant emission reductions
are achieved in both the Eastern and Western
regions of the United States;
``(iv) shall, include, consistent with
achieving the objectives set forth in
subsection (a), incentives for renewable
energy.
``(2) Interagency coordination to minimize costs and
maximize gains.--To minimize the economic costs and maximize
the economic gains of achieving the emission reduction
objectives specified in subsection (a), the Administrator shall
coordinate with other departments and agencies of Federal and
State government to increase energy efficiency, to increase the
use of renewable energy, and to implement cost saving advanced
demand and supply side policies, such as those described in the
report prepared by the Interlaboratory Working Group 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 Administrator determines that the emission levels
necessary to achieve the emission reduction objectives specified in
subsection (a) are not reasonably anticipated to protect public health
or welfare.
``(d) Modernization of Outdated Powerplants.--
``(1) In general.--On the later of the date that is 30
years after a powerplant commenced operation 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 performance
standards promulgated under section 111; and
``(B) the requirements under parts C and D that are
applicable to modified sources.
``(2) Additional requirements.--The requirements of this
subsection shall be in addition to the requirements of the
regulations promulgated under subsection (b).
``(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 `powerplant' means an
electric generation facility with a nameplate capacity of 25 megawatts
or more that uses a combustion device to generate electricity for
sale.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2265-2267)
Referred to the Committee 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Energy and Environment.
Referred to the Subcommittee on Conservation, Credit, Energy, and Research.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.