II 109th CONGRESS 1st Session S. 150 IN THE SENATE OF THE UNITED STATES January 25, 2005 Mr. Jeffords (for himself, Ms. Collins, Mr. Lieberman, Ms. Snowe, Mr. Schumer, Mr. Biden, Mrs. Boxer, Mrs. Clinton, Mr. Corzine, Mr. Dodd, Mr. Feingold, Mrs. Feinstein, Mr. Kennedy, Mr. Kerry, Mr. Lautenberg, Mr. Leahy, Mr. Reed, and Mr. Sarbanes) 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.

1.

Short title

This Act may be cited as the Clean Power Act of 2005.

2.

Electric energy generation emission reductions

(a)

In general

The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: . (b)

Conforming amendment

Section 412(a) of the Clean Air Act (42 U.S.C. 7651k(a)) is amended in the first sentence by striking opacity and inserting mercury, opacity,.

3.

Savings clause

Section 193 of the Clean Air Act (42 U.S.C. 7515) is amended by striking date of the enactment of the Clean Air Act Amendments of 1990 each place it appears and inserting date of enactment of the Clean Power Act of 2005.

4.

Acid precipitation research program

Section 103(j) of the Clean Air Act (42 U.S.C. 7403(j)) is amended— (1) in paragraph (3)— (A) in subparagraph (F)(i), by striking effects; and and inserting effects, including an assessment of— (I) acid-neutralizing capacity; and (II) changes in the number of water bodies in the sensitive ecosystems referred to in subparagraph (G)(ii) with an acid-neutralizing capacity greater than zero; and ; and (B) by adding at the end the following: (G)

Sensitive ecosystems

(i)

In general

Beginning in 2006, and every 4 years thereafter, the report under subparagraph (E) shall include— (I) an identification of environmental objectives necessary to be achieved (and related indicators to be used in measuring achievement of the objectives) to adequately protect and restore sensitive ecosystems; and (II) an assessment of the status and trends of the environmental objectives and indicators identified in previous reports under this paragraph. (ii)

Sensitive ecosystems to be addressed

Sensitive ecosystems to be addressed under clause (i) include— (I) the Adirondack Mountains, mid-Appalachian Mountains, Rocky Mountains, and southern Blue Ridge Mountains; (II) the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay; and (III) other sensitive ecosystems, as determined by the Administrator. (H)

Acid deposition standards

Beginning in 2006, and every 4 years thereafter, the report under subparagraph (E) shall include a revision of the report under section 404 of Public Law 101–549 (42 U.S.C. 7651 note) that includes a reassessment of the health and chemistry of the lakes and streams that were subjects of the original report under that section. ; and (2) by adding at the end the following: (4)

Protection of sensitive ecosystems

(A)

Determination

Not later than December 31, 2012, the Administrator, taking into consideration the findings and recommendations of the report revisions under paragraph (3)(H), shall determine whether emission reductions under titles IV and VII are sufficient to— (i) achieve the necessary reductions identified under paragraph (3)(F); and (ii) ensure achievement of the environmental objectives identified under paragraph (3)(G). (B)

Regulations

(i)

In general

Not later than 2 years after the Administrator makes a determination under subparagraph (A) that emission reductions are not sufficient, the Administrator shall promulgate regulations to protect the sensitive ecosystems referred to in paragraph (3)(G)(ii). (ii)

Contents

Regulations under clause (i) shall include modifications to— (I) provisions relating to nitrogen oxide and sulfur dioxide emission reductions; (II) provisions relating to allocations of nitrogen oxide and sulfur dioxide allowances; and (III) such other provisions as the Administrator determines to be necessary. .

5.

Authorization of appropriations for deposition monitoring

(a)

Operational support

In addition to amounts made available under any other law, there are authorized to be appropriated for each of fiscal years 2006 through 2015— (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. (b)

Modernization

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. (c)

Availability of amounts

Each of the amounts appropriated under subsection (b) shall remain available until expended.

6.

Technical amendments

Title IV of the Clean Air Act (relating to noise pollution) (42 U.S.C. 7641 et seq.)— (1) is amended by redesignating sections 401 through 403 as sections 801 through 803, respectively; and (2) is redesignated as title VIII and moved to appear at the end of that Act.