[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 556 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 556

     To amend the Clean Air Act to reduce emissions from electric 
                  powerplants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2001

Mr. Jeffords (for himself, Mr. Lieberman, Ms. Collins, Mr. Schumer, Ms. 
 Snowe, Mrs. Feinstein, Mr. Leahy, Mrs. Clinton, Mr. Kerry, Mr. Dodd, 
  Mr. Torricelli, Mr. Corzine, Mr. Kennedy, Mr. Reed, and Mrs. Boxer) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Clean Air Act to reduce emissions from electric 
                  powerplants, 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.

    This Act may be cited as the ``Clean Power Act of 2001''.

SEC. 2. 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 in the States, not later than 
January 1, 2007--
            ``(1) aggregate sulfur dioxide emissions from powerplants 
        by 75 percent from the levels required at full implementation 
        of the Phase II sulfur dioxide requirements under title IV 
        (relating to acid deposition control);
            ``(2) aggregate nitrogen oxide emissions from powerplants 
        by 75 percent from 1997 levels;
            ``(3) aggregate carbon dioxide emissions from powerplants 
        to the level of carbon dioxide emissions from powerplants in 
        1990; and
            ``(4) aggregate mercury emissions from powerplants by 90 
        percent from 1999 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), except that 
                        emissions trading in mercury shall be 
                        prohibited;
                            ``(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;
                            ``(iv) shall ensure that any captured or 
                        recovered mercury is not re-released into the 
                        environment; and
                            ``(v) shall include--
                                    ``(I) appropriate incentives to 
                                increase energy efficiency, and to use 
                                renewable energy, to achieve the 
                                emission reduction objectives specified 
                                in subsection (a); and
                                    ``(II) policies to reduce the rate 
                                of growth of natural gas consumption 
                                that are at least as effective as the 
                                advanced demand-side policies for end-
                                use sectors and advanced supply-side 
                                policies for the electricity sector 
                                described in the report prepared by the 
                                Department of Energy entitled 
                                `Scenarios for a Clean Energy Future' 
                                and dated November 2000.
            ``(2) Effect of failure to promulgate.--If the 
        Administrator fails to promulgate regulations in accordance 
        with paragraph (1) by the date specified in that paragraph, 
        each powerplant shall achieve the emission reduction objectives 
        specified in subsection (a) that are applicable to the 
        powerplant.
    ``(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 the outdated powerplant commences operation or the 
        date that is 5 years after the date of enactment of this 
        section, each outdated powerplant 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.--This section does not affect the 
applicability of any other requirement of this Act.
    ``(f) Definitions.--In this section:
            ``(1) Western region.--The term `western region' means all 
        States that have a majority of their land area within the 
        region encompassed by the Western Systems Coordinating Council.
            ``(2) Eastern region.--The term `eastern region' means all 
        States that are not in the western region.
            ``(3) Outdated powerplant.--The term `outdated powerplant' 
        means a powerplant that has been in operation for a period of 
        30 years or more.
            ``(4) Powerplant.--The term `powerplant' means an electric 
        generation facility with a nameplate capacity of 15 megawatts 
        or more that uses a combustion device to generate electricity 
        for sale.''.
                                 <all>