[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S465-S473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By 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):
S. 150. A bill to amend the Clean Air Act to reduce emissions from
electric powerplants, and for other purposes; to the Committee on
Environment and Public Works.
Mr. JEFFORDS. Mr. President, I am both sad and happy to re-introduce
the Clean Power Act again with Senators Lieberman and Collins and the
other 16 cosponsors of the legislation from the last Congress. I am
happy that they are all still as committed as I am to the fight to
reduce pollution and to protect the public's health and to clean up and
conserve the environment for future generations.
I am sad that we have not made more progress in this fight to reduce
harmful emissions of sulfur dioxides (SOX), nitrogen oxides
(NOX), mercury, and carbon dioxide from fossil fuel power
plants. More than 25,000 people are dying prematurely every year
because of fine particulate pollution (PM-2.5) that is
emitted by power plants in the form of SOX and
NOX. More than 4,000 people are dying of heart attacks due
to ozone exposure, part of which is caused by power plant emissions.
And, over 160 million people are living in areas with unhealthy air
quality.
Acid rain continues to fall on our forests and lakes stressing
ecosystems in the Northeast and the Southeast. Nearly all the States
have some kind of fish consumption warning or advisory due to mercury
contamination. And, earlier this week, the chairman of the
International Panel on Climate Change, who was placed at the request of
the Bush Administration, said that he personally believes that the
world has ``already reached the level of dangerous concentrations of
carbon dioxide in the atmosphere.''
I am sad because there has been zero movement on multi-pollutant
legislation in Congress since this legislation was approved by the
Senate Committee on Environment and Public Works in June 2002 in
basically the same form we are introducing. As Senators may be aware,
prior to that Committee action, I and Senator Reid before me, sought to
engage in a bipartisan dialogue to move four pollutant legislation.
Though the President promised to support such legislation while a
candidate in 2000, he reversed himself on that pledge in early 2001.
Since early 2001, the Administration refused to negotiate, to
consider compromise or even to respond to legitimate requests for
information or timely technical assistance. Instead, they have
concentrated their efforts on undermining the Clean Air Act with a
particularly focus on gutting New Source Review. They have not shown
any real interest in legislating in this matter.
I am sad that the Administration's general approach has been to go
backward before 1990, to undue President Bush Sr.'s legacy. That is not
what the American people want and it is not what they and their
children deserve. They deserve better. They deserve the promise of the
Clean Air Act which is constant improvement and moving forward to
provide safe air for everyone to breathe.
It is long past time that all power plants in this country meet
modern emission performance standards. There is simply no excuse in a
technologically advanced society like ours to have power plants running
on 1930s technology. It should be embarrassing for us all and requires
a swift and concerted effort and significantly more funding than the
Administration and Congress have appropriated thus far to maximize the
use of all of our energy resources, including coal and renewables, in
an environmentally friendly way.
Simply letting these old dirty dinosaurs keep chugging along is bad
for public health and the environment and bad for innovation and the
development of new technologies. It is a stone age response to a modern
day problem.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 150
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 2005''.
SEC. 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:
``TITLE VII--ELECTRIC ENERGY GENERATION EMISSION REDUCTIONS
``Sec. 701. Findings.
``Sec. 702. Purposes.
``Sec. 703. Definitions.
[[Page S466]]
``Sec. 704. Emission limitations.
``Sec. 705. Emission allowances.
``Sec. 706. Permitting and trading of emission allowances.
``Sec. 707. Emission allowance allocation.
``Sec. 708. Mercury emission limitations.
``Sec. 709. Other hazardous air pollutants.
``Sec. 710. Effect of failure to promulgate regulations.
``Sec. 711. Prohibitions.
``Sec. 712. Modernization of electricity generating facilities.
``Sec. 713. Relationship to other law.
``SEC. 701. FINDINGS.
``Congress finds that--
``(1) public health and the environment continue to suffer
as a result of pollution emitted by powerplants across the
United States, despite the success of Public Law 101-549
(commonly known as the `Clean Air Act Amendments of 1990')
(42 U.S.C. 7401 et seq.) in reducing emissions;
``(2) according to the most reliable scientific knowledge,
acid rain precursors must be significantly reduced for the
ecosystems of the Northeast and Southeast to recover from the
ecological harm caused by acid deposition;
``(3) because lakes and sediments across the United States
are being contaminated by mercury emitted by powerplants,
there is an increasing risk of mercury poisoning of aquatic
habitats and fish-consuming human populations;
``(4)(A) electricity generation accounts for approximately
40 percent of the total emissions in the United States of
carbon dioxide, a major greenhouse gas causing global
warming; and
``(B) the quantity of carbon dioxide in the atmosphere is
growing without constraint and well beyond the international
commitments of the United States;
``(5) the cumulative impact of powerplant emissions on
public and environmental health must be addressed swiftly by
reducing those harmful emissions to levels that are less
threatening; and
``(6)(A) the atmosphere is a public resource; and
``(B) emission allowances, representing permission to use
that resource for disposal of air pollution from electricity
generation, should be allocated to promote public purposes,
including--
``(i) protecting electricity consumers from adverse
economic impacts;
``(ii) providing transition assistance to adversely
affected employees, communities, and industries; and
``(iii) promoting clean energy resources and energy
efficiency.
``SEC. 702. PURPOSES.
``The purposes of this title are--
``(1) to alleviate the environmental and public health
damage caused by emissions of sulfur dioxide, nitrogen
oxides, carbon dioxide, and mercury resulting from the
combustion of fossil fuels in the generation of electric and
thermal energy;
``(2) to reduce by 2010 the annual national emissions from
electricity generating facilities to not more than--
``(A) 2,250,000 tons of sulfur dioxide;
``(B) 1,510,000 tons of nitrogen oxides; and
``(C) 2,050,000,000 tons of carbon dioxide;
``(3) to reduce by 2009 the annual national emissions of
mercury from electricity generating facilities to not more
than 5 tons;
``(4) to effectuate the reductions described in paragraphs
(2) and (3) by--
``(A) requiring electricity generating facilities to comply
with specified emission limitations by specified deadlines;
and
``(B) allowing electricity generating facilities to meet
the emission limitations (other than the emission limitation
for mercury) through an alternative method of compliance
consisting of an emission allowance and transfer system; and
``(5) to encourage energy conservation, use of renewable
and clean alternative technologies, and pollution prevention
as long-range strategies, consistent with this title, for
reducing air pollution and other adverse impacts of energy
generation and use.
``SEC. 703. DEFINITIONS.
``In this title:
``(1) Covered pollutant.--The term `covered pollutant'
means--
``(A) sulfur dioxide;
``(B) any nitrogen oxide;
``(C) carbon dioxide; and
``(D) mercury.
``(2) Electricity generating facility.--The term
`electricity generating facility' means an electric or
thermal electricity generating unit, a combination of such
units, or a combination of 1 or more such units and 1 or more
combustion devices, that--
``(A) has a nameplate capacity of 15 megawatts or more (or
the equivalent in thermal energy generation, determined in
accordance with a methodology developed by the
Administrator);
``(B) generates electric energy, for sale, through
combustion of fossil fuel; and
``(C) emits a covered pollutant into the atmosphere.
``(3) Electricity intensive product.--The term `electricity
intensive product' means a product with respect to which the
cost of electricity consumed in the production of the product
represents more than 5 percent of the value of the product.
``(4) Emission allowance.--The term `emission allowance'
means a limited authorization to emit in accordance with this
title--
``(A) 1 ton of sulfur dioxide;
``(B) 1 ton of nitrogen oxides; or
``(C) 1 ton of carbon dioxide.
``(5) Energy efficiency project.--The term `energy
efficiency project' means any specific action (other than
ownership or operation of an energy efficient building)
commenced after the date of enactment of this title--
``(A) at a facility (other than an electricity generating
facility), that verifiably reduces the annual electricity or
natural gas consumption per unit output of the facility, as
compared with the annual electricity or natural gas
consumption per unit output that would be expected in the
absence of an allocation of emission allowances (as
determined by the Administrator); or
``(B) by an entity that is primarily engaged in the
transmission and distribution of electricity, that
significantly improves the efficiency of that type of entity,
as compared with standards for efficiency developed by the
Administrator, in consultation with the Secretary of Energy,
after the date of enactment of this title.
``(6) Energy efficient building.--The term `energy
efficient building' means a residential building or
commercial building completed after the date of enactment of
this title for which the projected lifetime consumption of
electricity or natural gas for heating, cooling, and
ventilation is at least 30 percent less than the lifetime
consumption of a typical new residential building or
commercial building, as determined by the Administrator (in
consultation with the Secretary of Energy)--
``(A) on a State or regional basis; and
``(B) taking into consideration--
``(i) applicable building codes; and
``(ii) consumption levels achieved in practice by new
residential buildings or commercial buildings in the absence
of an allocation of emission allowances.
``(7) Energy efficient product.--The term `energy efficient
product' means a product manufactured after the date of
enactment of this title that has an expected lifetime
electricity or natural gas consumption that--
``(A) is less than the average lifetime electricity or
natural gas consumption for that type of product; and
``(B) does not exceed the lesser of--
``(i) the maximum energy consumption that qualifies for the
applicable Energy Star label for that type of product; or
``(ii) the average energy consumption of the most efficient
25 percent of that type of product manufactured in the same
year.
``(8) Lifetime.--The term `lifetime' means--
``(A) in the case of a residential building that is an
energy efficient building, 30 years;
``(B) in the case of a commercial building that is an
energy efficient building, 15 years; and
``(C) in the case of an energy efficient product, a period
determined by the Administrator to be the average life of
that type of energy efficient product.
``(9) Mercury.--The term `mercury' includes any mercury
compound.
``(10) New clean fossil fuel-fired electricity generating
unit.--The term `new clean fossil fuel-fired electricity
generating unit' means a unit that--
``(A) has been in operation for 10 years or less; and
``(B) is--
``(i) a natural gas fired generator that--
``(I) has an energy conversion efficiency of at least 55
percent; and
``(II) uses best available control technology (as defined
in section 169);
``(ii) a generator that--
``(I) uses integrated gasification combined cycle
technology;
``(II) uses best available control technology (as defined
in section 169); and
``(III) has an energy conversion efficiency of at least 45
percent; or
``(iii) a fuel cell operating on fuel derived from a
nonrenewable source of energy.
``(11) Nonwestern region.--The term `nonwestern region'
means the area of the States that is not included in the
western region.
``(12) Renewable electricity generating unit.--The term
`renewable electricity generating unit' means a unit that--
``(A) has been in operation for 10 years or less; and
``(B) generates electric energy by means of--
``(i) wind;
``(ii) biomass;
``(iii) landfill gas;
``(iv) a geothermal, solar thermal, or photovoltaic source;
or
``(v) a fuel cell operating on fuel derived from a
renewable source of energy.
``(13) Small electricity generating facility.--The term
`small electricity generating facility' means an electric or
thermal electricity generating unit, or combination of units,
that--
``(A) has a nameplate capacity of less than 15 megawatts
(or the equivalent in thermal energy generation, determined
in accordance with a methodology developed by the
Administrator);
``(B) generates electric energy, for sale, through
combustion of fossil fuel; and
``(C) emits a covered pollutant into the atmosphere.
``(14) Western region.--The term `western region' means the
area comprising the States of Arizona, California, Colorado,
Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington,
and Wyoming.
[[Page S467]]
``SEC. 704. EMISSION LIMITATIONS.
``(a) In General.--Subject to subsections (b) and (c), the
Administrator shall promulgate regulations to ensure that,
during 2010 and each year thereafter, the total annual
emissions of covered pollutants from all electricity
generating facilities located in all States does not exceed--
``(1) in the case of sulfur dioxide--
``(A) 275,000 tons in the western region; or
``(B) 1,975,000 tons in the nonwestern region;
``(2) in the case of nitrogen oxides, 1,510,000 tons;
``(3) in the case of carbon dioxide, 2,050,000,000 tons; or
``(4) in the case of mercury, 5 tons.
``(b) Excess Emissions Based on Unused Allowances.--The
regulations promulgated under subsection (a) shall authorize
emissions of covered pollutants in excess of the national
emission limitations established under that subsection for a
year to the extent that the number of tons of the excess
emissions is less than or equal to the number of emission
allowances that are--
``(1) used in the year; but
``(2) allocated for any previous year under section 707.
``(c) Reductions.--For 2010 and each year thereafter, the
quantity of emissions specified for each covered pollutant in
subsection (a) shall be reduced by the sum of--
``(1) the number of tons of the covered pollutant that were
emitted by small electricity generating facilities in the
second preceding year; and
``(2) any number of tons of reductions in emissions of the
covered pollutant required under section 705(h).
``SEC. 705. EMISSION ALLOWANCES.
``(a) Creation and Allocation.--
``(1) In general.--For 2010 and each year thereafter,
subject to paragraph (2), there are created, and the
Administrator shall allocate in accordance with section 707,
emission allowances as follows:
``(A) In the case of sulfur dioxide--
``(i) 275,000 emission allowances for each year for use in
the western region; and
``(ii) 1,975,000 emission allowances for each year for use
in the nonwestern region.
``(B) In the case of nitrogen oxides, 1,510,000 emission
allowances for each year.
``(C) In the case of carbon dioxide, 2,050,000,000 emission
allowances for each year.
``(2) Reductions.--For 2010 and each year thereafter, the
number of emission allowances specified for each covered
pollutant in paragraph (1) shall be reduced by a number equal
to the sum of--
``(A) the number of tons of the covered pollutant that were
emitted by small electricity generating facilities in the
second preceding year; and
``(B) any number of tons of reductions in emissions of the
covered pollutant required under subsection (h).
``(b) Nature of Emission Allowances.--
``(1) Not a property right.--An emission allowance
allocated by the Administrator under subsection (a) is not a
property right.
``(2) No limit on authority to terminate or limit.--Nothing
in this title or any other provision of law limits the
authority of the United States to terminate or limit an
emission allowance.
``(3) Tracking and transfer of emission allowances.--
``(A) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations to establish an emission allowance tracking and
transfer system for emission allowances of sulfur dioxide,
nitrogen oxides, and carbon dioxide.
``(B) Requirements.--The emission allowance tracking and
transfer system established under subparagraph (A) shall--
``(i) incorporate the requirements of subsections (b) and
(d) of section 412 (except that written certification by the
transferee shall not be necessary to effect a transfer); and
``(ii) permit any entity--
``(I) to buy, sell, or hold an emission allowance; and
``(II) to permanently retire an unused emission allowance.
``(C) Proceeds of transfers.--Proceeds from the transfer of
emission allowances by any person to which the emission
allowances have been allocated--
``(i) shall not constitute funds of the United States; and
``(ii) shall not be available to meet any obligations of
the United States.
``(c) Identification and Use.--
``(1) In general.--Each emission allowance allocated by the
Administrator shall bear a unique serial number, including--
``(A) an identifier of the covered pollutant to which the
emission allowance pertains; and
``(B) the first year for which the allowance may be used.
``(2) Sulfur dioxide emission allowances.--In the case of
sulfur dioxide emission allowances, the Administrator shall
ensure that the emission allowances allocated to electricity
generating facilities in the western region are
distinguishable from emission allowances allocated to
electricity generating facilities in the nonwestern region.
``(3) Year of use.--Each emission allowance may be used in
the year for which the emission allowance is allocated or in
any subsequent year.
``(d) Annual Submission of Emission Allowances.--
``(1) In general.--On or before April 1, 2011, and April 1
of each year thereafter, the owner or operator of each
electricity generating facility shall submit to the
Administrator 1 emission allowance for the applicable covered
pollutant (other than mercury) for each ton of sulfur
dioxide, nitrogen oxides, or carbon dioxide emitted by the
electricity generating facility during the previous calendar
year.
``(2) Special rule for ozone exceedances.--
``(A) Identification of facilities contributing to
nonattainment.--Not later than December 31, 2009, and the end
of each 3-year period thereafter, each State, consistent with
the obligations of the State under section 110(a)(2)(D),
shall identify the electricity generating facilities in the
State and in other States that are significantly contributing
(as determined based on guidance issued by the Administrator)
to nonattainment of the national ambient air quality standard
for ozone in the State.
``(B) Submission of additional allowances.--In 2010 and
each year thereafter, on petition from a State or a person
demonstrating that the control measures in effect at an
electricity generating facility that is identified under
subparagraph (A) as significantly contributing to
nonattainment of the national ambient air quality standard
for ozone in a State during the previous year are inadequate
to prevent the significant contribution described in
subparagraph (A), the Administrator, if the Administrator
determines that the electricity generating facility is
inadequately controlled for nitrogen oxides, may require that
the electricity generating facility submit 3 nitrogen oxide
emission allowances for each ton of nitrogen oxides emitted
by the electricity generating facility during any period of
an exceedance of the national ambient air quality standard
for ozone in the State during the previous year.
``(3) Regional limitations for sulfur dioxide.--The
Administrator shall not allow--
``(A) the use of sulfur dioxide emission allowances
allocated for the western region to meet the obligations
under this subsection of electricity generating facilities in
the nonwestern region; or
``(B) the use of sulfur dioxide emission allowances
allocated for the nonwestern region to meet the obligations
under this subsection of electricity generating facilities in
the western region.
``(e) Emission Verification, Monitoring, and
Recordkeeping.--
``(1) In general.--The Administrator shall ensure that
Federal regulations, in combination with any applicable State
regulations, are adequate to verify, monitor, and document
emissions of covered pollutants from electricity generating
facilities.
``(2) Inventory of emissions from small electricity
generating facilities.--On or before July 1, 2006, the
Administrator, in cooperation with State agencies, shall
complete, and on an annual basis update, a comprehensive
inventory of emissions of sulfur dioxide, nitrogen oxides,
carbon dioxide, and particulate matter from small electricity
generating facilities.
``(3) Monitoring information.--
``(A) In general.--Not later than 180 days after the date
of enactment of this title, the Administrator shall
promulgate regulations to require each electricity generating
facility to submit to the Administrator--
``(i) not later than April 1 of each year, verifiable
information on covered pollutants emitted by the electricity
generating facility in the previous year, expressed in--
``(I) tons of covered pollutants; and
``(II) tons of covered pollutants per megawatt hour of
energy (or the equivalent thermal energy) generated; and
``(ii) as part of the first submission under clause (i),
verifiable information on covered pollutants emitted by the
electricity generating facility in 2002, 2003, and 2004, if
the electricity generating facility was required to report
that information in those years.
``(B) Source of information.--Information submitted under
subparagraph (A) shall be obtained using a continuous
emission monitoring system (as defined in section 402).
``(C) Availability to the public.--The information
described in subparagraph (A) shall be made available to the
public--
``(i) in the case of the first year in which the
information is required to be submitted under that
subparagraph, not later than 18 months after the date of
enactment of this title; and
``(ii) in the case of each year thereafter, not later than
April 1 of the year.
``(4) Ambient air quality monitoring for sulfur dioxide and
hazardous air pollutants.--
``(A) In general.--Beginning January 1, 2006, each coal-
fired electricity generating facility with an aggregate
generating capacity of 50 megawatts or more shall, in
accordance with guidelines issued by the Administrator,
commence ambient air quality monitoring within a 30-mile
radius of the coal-fired electricity generating facility for
the purpose of measuring maximum concentrations of sulfur
dioxide and hazardous air pollutants emitted by the coal-
fired electricity generating facility.
``(B) Location of monitoring points.--Monitoring under
subparagraph (A) shall include monitoring at not fewer than 2
points--
``(i) that are at ground level and within 3 miles of the
coal-fired electricity generating facility;
[[Page S468]]
``(ii) at which the concentration of pollutants being
monitored is expected to be the greatest; and
``(iii) at which the monitoring shall be the most frequent.
``(C) Frequency of monitoring of sulfur dioxide.--
Monitoring of sulfur dioxide under subparagraph (A) shall be
carried out on a continuous basis and averaged over 5-minute
periods.
``(D) Availability to the public.--The results of the
monitoring under subparagraph (A) shall be made available to
the public.
``(f) Excess Emission Penalty.--
``(1) In general.--Subject to paragraph (2), section 411
shall be applicable to an owner or operator of an electricity
generating facility.
``(2) Calculation of penalty.--
``(A) In general.--Except as provided in subparagraph (B),
the penalty for failure to submit emission allowances for
covered pollutants as required under subsection (d) shall be
equal to 3 times the product obtained by multiplying--
``(i) as applicable--
``(I) the number of tons emitted in excess of the emission
limitation requirement applicable to the electricity
generating facility; or
``(II) the number of emission allowances that the owner or
operator failed to submit; and
``(ii) the average annual market price of emission
allowances (as determined by the Administrator).
``(B) Mercury.--In the case of mercury, the penalty shall
be equal to 3 times the product obtained by multiplying--
``(i) the number of grams emitted in excess of the emission
limitation requirement for mercury applicable to the
electricity generating facility; and
``(ii) the average cost of mercury controls at electricity
generating units that have a nameplate capacity of 15
megawatts or more in all States (as determined by the
Administrator).
``(g) Significant Adverse Local Impacts.--
``(1) In general.--If the Administrator determines that
emissions of an electricity generating facility may
reasonably be anticipated to cause or contribute to a
significant adverse impact on an area (including endangerment
of public health, contribution to acid deposition in a
sensitive receptor area, and other degradation of the
environment), the Administrator shall limit the emissions of
the electricity generating facility as necessary to avoid
that impact.
``(2) Violation.--Notwithstanding the availability of
emission allowances, it shall be a violation of this Act for
any electricity generating facility to exceed any limitation
on emissions established under paragraph (1).
``(h) Additional Reductions.--
``(1) Protection of public health or welfare or the
environment.--If the Administrator determines that the
emission levels necessary to achieve the national emission
limitations established under section 704 are not reasonably
anticipated to protect public health or welfare or the
environment (including protection of children, pregnant
women, minority or low-income communities, and other
sensitive populations), the Administrator may require
reductions in emissions from electricity generating
facilities in addition to the reductions required under the
other provisions of this title.
``(2) Emission allowance trading.--
``(A) Studies.--
``(i) In general.--In 2013 and at the end of each 3-year
period thereafter, the Administrator shall complete a study
of the impacts of the emission allowance trading authorized
under this title.
``(ii) Required assessment.--The study shall include an
assessment of ambient air quality in areas surrounding
electricity generating facilities that participate in
emission allowance trading, including a comparison between--
``(I) the ambient air quality in those areas; and
``(II) the national average ambient air quality.
``(B) Limitation on emissions.--If the Administrator
determines, based on the results of a study under
subparagraph (A), that adverse local impacts result from
emission allowance trading, the Administrator may require
reductions in emissions from electricity generating
facilities in addition to the reductions required under the
other provisions of this title.
``(i) Use of certain other emission allowances.--
``(1) In general.--Subject to paragraph (2), emission
allowances or other emission trading instruments created
under title I or IV for sulfur dioxide or nitrogen oxides
shall not be valid for submission under subsection (d).
``(2) Emission allowances placed in reserve.--
``(A) In general.--Except as provided in subparagraph (B),
an emission allowance described in paragraph (1) that was
placed in reserve under section 404(a)(2) or 405 or through
regulations implementing controls on nitrogen oxides, because
an affected unit emitted fewer tons of sulfur dioxide or
nitrogen oxides than were permitted under an emission
limitation imposed under title I or IV before the date of
enactment of this title, shall be considered to be equivalent
to \1/4\ of an emission allowance created by subsection (a)
for sulfur dioxide or nitrogen oxides, respectively.
``(B) Emission allowances resulting from achievement of new
source performance standards.--If an emission allowance
described in subparagraph (A) was created and placed in
reserve during the period of 2001 through 2009 by the owner
or operator of an electricity generating facility through the
application of pollution control technology that resulted in
the achievement and maintenance by the electricity generating
facility of the applicable standards of performance required
of new sources under section 111, the emission allowance
shall be valid for submission under subsection (d).
``SEC. 706. PERMITTING AND TRADING OF EMISSION ALLOWANCES.
``(a) In General.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations to establish a permitting and emission allowance
trading compliance program to implement the limitations on
emissions of covered pollutants from electricity generating
facilities established under section 704.
``(b) Emission Allowance Trading With Facilities Other Than
Electricity Generating Facilities.--
``(1) In general.--Subject to paragraph (2) and section
705(i), the regulations promulgated to establish the program
under subsection (a) shall prohibit use of emission
allowances generated from other emission control programs for
the purpose of demonstrating compliance with the limitations
on emissions of covered pollutants from electricity
generating facilities established under section 704.
``(2) Exception for certain carbon dioxide emission control
programs.--The prohibition described in paragraph (1) shall
not apply in the case of carbon dioxide emission allowances
generated from an emission control program that limits total
carbon dioxide emissions from the entirety of any industrial
sector.
``(c) Methodology.--The program established under
subsection (a) shall clearly identify the methodology for the
allocation of emission allowances, including standards for
measuring annual electricity generation and energy efficiency
as the standards relate to emissions.
``SEC. 707. EMISSION ALLOWANCE ALLOCATION.
``(a) Allocation to Electricity Consumers.--
``(1) In general.--For 2010 and each year thereafter, after
making allocations of emission allowances under subsections
(b) through (f), the Administrator shall allocate the
remaining emission allowances created by section 705(a) for
the year for each covered pollutant other than mercury to
households served by electricity.
``(2) Allocation among households.--The allocation to each
household shall reflect--
``(A) the number of persons residing in the household; and
``(B) the ratio that--
``(i) the quantity of the residential electricity
consumption of the State in which the household is located;
bears to
``(ii) the quantity of the residential electricity
consumption of all States.
``(3) Regulations.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations making appropriate arrangements for the
allocation of emission allowances to households under this
subsection, including as necessary the appointment of 1 or
more trustees--
``(A) to receive the emission allowances for the benefit of
the households;
``(B) to obtain fair market value for the emission
allowances; and
``(C) to distribute the proceeds to the beneficiaries.
``(b) Allocation for Transition Assistance.--
``(1) In general.--For 2010 and each year thereafter
through 2019, the Administrator shall allocate the percentage
specified in paragraph (2) of the emission allowances created
by section 705(a) for the year for each covered pollutant
other than mercury in the following manner:
``(A) 80 percent shall be allocated to provide transition
assistance to--
``(i) dislocated workers (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)) whose
employment has been terminated or who have been laid off as a
result of the emission reductions required by this title; and
``(ii) communities that have experienced disproportionate
adverse economic impacts as a result of the emission
reductions required by this title.
``(B) 20 percent shall be allocated to producers of
electricity intensive products in a number equal to the
product obtained by multiplying--
``(i) the ratio that--
``(I) the quantity of each electricity intensive product
produced by each producer in the previous year; bears to
``(II) the quantity of the electricity intensive product
produced by all producers in the previous year;
``(ii) the average quantity of electricity used in
producing the electricity intensive product by producers that
use the most energy efficient process for producing the
electricity intensive product; and
``(iii) with respect to the previous year, the national
average quantity (expressed in tons) of emissions of each
such pollutant per megawatt hour of electricity generated by
electricity generating facilities in all States.
``(2) Specified percentages.--The percentages referred to
in paragraph (1) are--
``(A) in the case of 2010, 6 percent;
[[Page S469]]
``(B) in the case of 2011, 5.5 percent;
``(C) in the case of 2012, 5 percent;
``(D) in the case of 2013, 4.5 percent;
``(E) in the case of 2014, 4 percent;
``(F) in the case of 2015, 3.5 percent;
``(G) in the case of 2016, 3 percent;
``(H) in the case of 2017, 2.5 percent;
``(I) in the case of 2018, 2 percent; and
``(J) in the case of 2019, 1.5 percent.
``(3) Regulations for allocation for transition assistance
to dislocated workers and communities.--
``(A) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations making appropriate arrangements for the
distribution of emission allowances under paragraph (1)(A),
including as necessary the appointment of 1 or more
trustees--
``(i) to receive the emission allowances allocated under
paragraph (1)(A) for the benefit of the dislocated workers
and communities;
``(ii) to obtain fair market value for the emission
allowances; and
``(iii) to apply the proceeds to providing transition
assistance to the dislocated workers and communities.
``(B) Form of transition assistance.--Transition assistance
under paragraph (1)(A) may take the form of--
``(i) grants to employers, employer associations, and
representatives of employees--
``(I) to provide training, adjustment assistance, and
employment services to dislocated workers; and
``(II) to make income-maintenance and needs-related
payments to dislocated workers; and
``(ii) grants to States and local governments to assist
communities in attracting new employers or providing
essential local government services.
``(c) Allocation to Renewable Electricity Generating Units,
Efficiency Projects, and Cleaner Energy Sources.--For 2010
and each year thereafter, the Administrator shall allocate
not more than 20 percent of the emission allowances created
by section 705(a) for the year for each covered pollutant
other than mercury--
``(1) to owners and operators of renewable electricity
generating units, in a number equal to the product obtained
by multiplying--
``(A) the number of megawatt hours of electricity generated
in the previous year by each renewable electricity generating
unit; and
``(B) with respect to the previous year, the national
average quantity (expressed in tons) of emissions of each
such pollutant per megawatt hour of electricity generated by
electricity generating facilities in all States;
``(2) to owners and operators of energy efficient
buildings, producers of energy efficient products, and
entities that carry out energy efficient projects, in a
number equal to the product obtained by multiplying--
``(A) the number of megawatt hours of electricity or cubic
feet of natural gas saved in the previous year as a result of
each energy efficient building, energy efficient product, or
energy efficiency project; and
``(B) with respect to the previous year, the national
average quantity (expressed in tons) of emissions of each
such pollutant per, as appropriate--
``(i) megawatt hour of electricity generated by electricity
generating facilities in all States; or
``(ii) cubic foot of natural gas burned for a purpose other
than generation of electricity in all States;
``(3) to owners and operators of new clean fossil fuel-
fired electricity generating units, in a number equal to the
product obtained by multiplying--
``(A) the number of megawatt hours of electricity generated
in the previous year by each new clean fossil fuel-fired
electricity generating unit; and
``(B) with respect to the previous year, \1/2\ of the
national average quantity (expressed in tons) of emissions of
each such pollutant per megawatt hour of electricity
generated by electricity generating facilities in all States;
and
``(4) to owners and operators of combined heat and power
electricity generating facilities, in a number equal to the
product obtained by multiplying--
``(A) the number of British thermal units of thermal energy
produced and put to productive use in the previous year by
each combined heat and power electricity generating facility;
and
``(B) with respect to the previous year, the national
average quantity (expressed in tons) of emissions of each
such pollutant per British thermal unit of thermal energy
generated by electricity generating facilities in all States.
``(d) Transition Assistance to Electricity Generating
Facilities.--
``(1) In general.--For 2010 and each year thereafter
through 2019, the Administrator shall allocate the percentage
specified in paragraph (2) of the emission allowances created
by section 705(a) for the year for each covered pollutant
other than mercury to the owners or operators of electricity
generating facilities in the ratio that--
``(A) the quantity of electricity generated by each
electricity generating facility in 2003; bears to
``(B) the quantity of electricity generated by all
electricity generating facilities in 2003.
``(2) Specified percentages.--The percentages referred to
in paragraph (1) are--
``(A) in the case of 2010, 10 percent;
``(B) in the case of 2011, 9 percent;
``(C) in the case of 2012, 8 percent;
``(D) in the case of 2013, 7 percent;
``(E) in the case of 2014, 6 percent;
``(F) in the case of 2015, 5 percent;
``(G) in the case of 2016, 4 percent;
``(H) in the case of 2017, 3 percent;
``(I) in the case of 2018, 2 percent; and
``(J) in the case of 2019, 1 percent.
``(e) Allocation to Encourage Biological Carbon
Sequestration.--
``(1) In general.--For 2010 and each year thereafter, the
Administrator shall allocate, on a competitive basis and in
accordance with paragraphs (2) and (3), not more than 0.075
percent of the carbon dioxide emission allowances created by
section 705(a) for the year for the purposes of--
``(A) carrying out projects to reduce net carbon dioxide
emissions through biological carbon dioxide sequestration in
the United States that--
``(i) result in benefits to watersheds and fish and
wildlife habitats; and
``(ii) are conducted in accordance with project reporting,
monitoring, and verification guidelines based on--
``(I) measurement of increases in carbon storage in excess
of the carbon storage that would have occurred in the absence
of such a project;
``(II) comprehensive carbon accounting that--
``(aa) reflects net increases in carbon reservoirs; and
``(bb) takes into account any carbon emissions resulting
from disturbance of carbon reservoirs in existence as of the
date of commencement of the project;
``(III) adjustments to account for--
``(aa) emissions of carbon that may result at other
locations as a result of the impact of the project on timber
supplies; or
``(bb) potential displacement of carbon emissions to other
land owned by the entity that carries out the project; and
``(IV) adjustments to reflect the expected carbon storage
over various time periods, taking into account the likely
duration of the storage of the carbon stored in a carbon
reservoir; and
``(B) conducting accurate inventories of carbon sinks.
``(2) Carbon inventory.--The Administrator, in consultation
with the Secretary of Agriculture, shall allocate not more
than \1/3\ of the emission allowances described in paragraph
(1) to not more than 5 State or multistate land or forest
management agencies or nonprofit entities that--
``(A) have a primary goal of land conservation; and
``(B) submit to the Administrator proposals for projects--
``(i) to demonstrate and assess the potential for the
development and use of carbon inventorying and accounting
systems;
``(ii) to improve the standards relating to, and the
identification of, incremental carbon sequestration in
forests, agricultural soil, grassland, or rangeland; or
``(iii) to assist in development of a national biological
carbon storage baseline or inventory.
``(3) Revolving loan program.--The Administrator shall
allocate not more than \2/3\ of the emission allowances
described in paragraph (1) to States, based on proposals
submitted by States to conduct programs under which each
State shall--
``(A) use the value of the emission allowances to establish
a State revolving loan fund to provide loans to owners of
nonindustrial private forest land in the State to carry out
forest and forest soil carbon sequestration activities that
will achieve the purposes specified in paragraph (2)(B); and
``(B) for 2011 and each year thereafter, contribute to the
program of the State an amount equal to 25 percent of the
value of the emission allowances received under this
paragraph for the year in cash, in-kind services, or
technical assistance.
``(4) Use of emission allowances.--An entity that receives
an allocation of emission allowances under this subsection
may use the proceeds from the sale or other transfer of the
emission allowances only for the purpose of carrying out
activities described in this subsection.
``(5) Recommendations concerning carbon dioxide emission
allowances.--
``(A) In general.--Not later than 4 years after the date of
enactment of this title, the Administrator, in consultation
with the Secretary of Agriculture, shall submit to Congress
recommendations for establishing a system under which
entities that receive grants or loans under this section may
be allocated carbon dioxide emission allowances created by
section 705(a) for incremental carbon sequestration in
forests, agricultural soils, rangeland, or grassland.
``(B) Guidelines.--The recommendations shall include
recommendations for development, reporting, monitoring, and
verification guidelines for quantifying net carbon
sequestration from land use projects that address the
elements specified in paragraph (1)(A).
``(f) Allocation to Encourage Geological Carbon
Sequestration.--
``(1) In general.--For 2010 and each year thereafter, the
Administrator shall allocate not more than 1.5 percent of the
carbon dioxide emission allowances created by section 705(a)
to entities that carry out geological sequestration of carbon
dioxide produced by an electric generating facility in
accordance with requirements established by the
Administrator--
[[Page S470]]
``(A) to ensure the permanence of the sequestration; and
``(B) to ensure that the sequestration will not cause or
contribute to significant adverse effects on the environment.
``(2) Number of emission allowances.--For 2010 and each
year thereafter, the Administrator shall allocate to each
entity described in paragraph (1) a number of emission
allowances that is equal to the number of tons of carbon
dioxide produced by the electric generating facility during
the previous year that is geologically sequestered as
described in paragraph (1).
``(3) Use of emission allowances.--An entity that receives
an allocation of emission allowances under this subsection
may use the proceeds from the sale or other transfer of the
emission allowances only for the purpose of carrying out
activities described in this subsection.
``SEC. 708. MERCURY EMISSION LIMITATIONS.
``(a) In General.--
``(1) Regulations.--
``(A) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations to establish emission limitations for mercury
emissions by coal-fired electricity generating facilities.
``(B) No exceedance of national limitation.--The
regulations shall ensure that the national limitation for
mercury emissions from each coal-fired electricity generating
facility established under section 704(a)(4) is not exceeded.
``(C) Emission limitations for 2009 and thereafter.--In
carrying out subparagraph (A), for 2009 and each year
thereafter, the Administrator shall not--
``(i) subject to subsections (e) and (f) of section 112,
establish limitations on emissions of mercury from coal-fired
electricity generating facilities that allow emissions in
excess of 2.48 grams of mercury per 1000 megawatt hours; or
``(ii) differentiate between facilities that burn different
types of coal.
``(2) Annual review and determination.--
``(A) In general.--Not later than April 1 of each year, the
Administrator shall--
``(i) review the total mercury emissions during the 2
previous years from electricity generating facilities located
in all States; and
``(ii) determine whether, during the 2 previous years, the
total mercury emissions from facilities described in clause
(i) exceeded the national limitation for mercury emissions
established under section 704(a)(4).
``(B) Exceedance of national limitation.--If the
Administrator determines under subparagraph (A)(ii) that,
during the 2 previous years, the total mercury emissions from
facilities described in subparagraph (A)(i) exceeded the
national limitation for mercury emissions established under
section 704(a)(4), the Administrator shall, not later than 1
year after the date of the determination, revise the
regulations promulgated under paragraph (1) to reduce the
emission rates specified in the regulations as necessary to
ensure that the national limitation for mercury emissions is
not exceeded in any future year.
``(3) Compliance flexibility.--
``(A) In general.--Each coal-fired electricity generating
facility subject to an emission limitation under this section
shall be in compliance with that limitation if that
limitation is greater than or equal to the quotient obtained
by dividing--
``(i) the total mercury emissions of the coal-fired
electricity generating facility during each 30-day period; by
``(ii) the quantity of electricity generated by the coal-
fired electricity generating facility during that period.
``(B) More than 1 unit at a facility.--In any case in which
more than 1 coal-fired electricity generating unit at a coal-
fired electricity generating facility subject to an emission
limitation under this section was operated in 1999 under
common ownership or control, compliance with the emission
limitation may be determined by averaging the emission rates
of all coal-fired electricity generating units at the
electricity generating facility during each 30-day period.
``(b) Prevention of Re-Release.--
``(1) Regulations.--Not later than July 1, 2006, the
Administrator shall promulgate regulations to ensure that any
mercury captured or recovered by emission controls installed
at an electricity generating facility is not re-released into
the environment.
``(2) Required elements.--The regulations shall require--
``(A) daily covers on all active waste disposal units, and
permanent covers on all inactive waste disposal units, to
prevent the release of mercury into the air;
``(B) monitoring of groundwater to ensure that mercury or
mercury compounds do not migrate from the waste disposal
unit;
``(C) waste disposal siting requirements and cleanup
requirements to protect groundwater and surface water
resources;
``(D) elimination of agricultural application of coal
combustion wastes; and
``(E) appropriate limitations on mercury emissions from
sources or processes that reprocess or use coal combustion
waste, including manufacturers of wallboard and cement.
``SEC. 709. OTHER HAZARDOUS AIR POLLUTANTS.
``(a) In General.--Not later than January 1, 2006, the
Administrator shall issue to owners and operators of coal-
fired electricity generating facilities requests for
information under section 114 that are of sufficient scope to
generate data sufficient to support issuance of standards
under section 112(d) for hazardous air pollutants other than
mercury emitted by coal-fired electricity generating
facilities.
``(b) Deadline for Submission of Requested Information.--
The Administrator shall require each recipient of a request
for information described in subsection (a) to submit the
requested data not later than 180 days after the date of the
request.
``(c) Promulgation of Emission Standards.--The
Administrator shall--
``(1) not later than January 1, 2006, propose emission
standards under section 112(d) for hazardous air pollutants
other than mercury; and
``(2) not later than January 1, 2007, promulgate emission
standards under section 112(d) for hazardous air pollutants
other than mercury.
``(d) Prohibition on Excess Emissions.--It shall be
unlawful for an electricity generating facility subject to
standards for hazardous air pollutants other than mercury
promulgated under subsection (c) to emit, after December 31,
2008, any such pollutant in excess of the standards.
``(e) Effect on Other Law.--Nothing in this section or
section 708 affects any requirement of subsection (e),
(f)(2), or (n)(1)(A) of section 112, except that the emission
limitations established by regulations promulgated under this
section shall be deemed to represent the maximum achievable
control technology for mercury emissions from electricity
generating units under section 112(d).
``SEC. 710. EFFECT OF FAILURE TO PROMULGATE REGULATIONS.
``If the Administrator fails to promulgate regulations to
implement and enforce the limitations specified in section
704--
``(1)(A) each electricity generating facility shall
achieve, not later than January 1, 2010, an annual quantity
of emissions that is less than or equal to--
``(i) in the case of nitrogen oxides, 15 percent of the
annual emissions by a similar electricity generating facility
that has no controls for emissions of nitrogen oxides; and
``(ii) in the case of carbon dioxide, 75 percent of the
annual emissions by a similar electricity generating facility
that has no controls for emissions of carbon dioxide; and
``(B) each electricity generating facility that does not
use natural gas as the primary combustion fuel shall achieve,
not later than January 1, 2010, an annual quantity of
emissions that is less than or equal to--
``(i) in the case of sulfur dioxide, 5 percent of the
annual emissions by a similar electricity generating facility
that has no controls for emissions of sulfur dioxide; and
``(ii) in the case of mercury, 10 percent of the annual
emissions by a similar electricity generating facility that
has no controls included specifically for the purpose of
controlling emissions of mercury; and
``(2) the applicable permit under this Act for each
electricity generating facility shall be deemed to
incorporate a requirement for achievement of the reduced
levels of emissions specified in paragraph (1).
``SEC. 711. 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 under section 705;
``(C) to fail to provide and comply with any plan to offset
excess emissions required under section 705(f); or
``(D) to emit mercury in excess of the emission limitations
established under section 708; 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. 712. MODERNIZATION OF ELECTRICITY GENERATING
FACILITIES.
``(a) In General.--Beginning on the later of January 1,
2014, or the date that is 40 years after the date on which
the electricity generating facility commences operation, each
electricity generating facility shall be subject to emission
limitations reflecting the application of best available
control technology on a new major source of a similar size
and type (as determined by the Administrator) as determined
in accordance with the procedures specified in part C of
title I.
``(b) Additional Requirements.--The requirements of this
section shall be in addition to the other requirements of
this title.
``SEC. 713. RELATIONSHIP TO OTHER LAW.
``(a) In General.--Except as expressly provided in this
title, nothing in this title--
``(1) limits or otherwise affects the application of any
other provision of this Act; or
``(2) precludes a State from adopting and enforcing any
requirement for the control of emissions of air pollutants
that is more stringent than the requirements imposed under
this title.
``(b) Regional Seasonal Emission Controls.--Nothing in this
title affects any regional seasonal emission control for
nitrogen oxides established by the Administrator or a State
under title I.''.
(b) Conforming Amendment.--Section 412(a) of the Clean Air
Act (42 U.S.C. 7651k(a)) is amended in the first sentence by
[[Page S471]]
striking ``opacity'' and inserting ``mercury, opacity,''.
SEC. 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''.
SEC. 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.''.
SEC. 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.
SEC. 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.
Ms. COLLINS. Mr. President, I rise today to join Senator Jeffords and
Senator Lieberman in introducing the Clean Power Act of 2005. This bill
closes the loophole that has allowed the dirtiest, most polluting power
plants in the Nation to escape significant pollution controls for more
than 30 years.
Maine is one of the most beautiful and pristine States in the Nation.
It is also one of the most environmentally responsible States in the
Nation. Maine has fewer emissions of the pollutants that cause smog and
acid rain than all but a handful of States. It also has one of the
lowest emissions of carbon dioxide nationwide.
Unfortunately, despite the collective environmental commitment of
both its citizens and industries, Maine still suffers from air
pollution. Every freshwater lake, river, and stream in Maine is subject
to a State mercury advisory that warns pregnant women and young
children to limit consumption of fish caught in those waters. Even
Acadia National Park, one of our most beautiful national parks,
experiences days in which visibility is obscured by smog.
Where does all this pollution come from? A large part of it comes
from a relatively small number of mostly coal-fired powerplants that
exploit loopholes to escape the provisions of the Clean Air Act. Coal-
fired powerplants are the single largest source of air pollution,
mercury contamination, and greenhouse gas emissions in the Nation. A
single coal-fired powerplant can emit more of the pollutants that cause
smog and acid rain than all of the cars, factories, and businesses in
Maine combined.
As the easternmost State in the Nation, Maine is downwind of almost
all powerplants in the United States. Many of the pollutants emitted by
these powerplants--mercury, sulfur dioxide, nitrogen oxides, and carbon
dioxide--end up in or over Maine. Airborne mercury falls into our lakes
and streams, contaminating freshwater fish and threatening our people's
health. Carbon dioxide is causing climate change that threatens to
alter Maine's delicate ecological balance. Sulfur dioxide and nitrogen
oxides come to Maine in the form of acid rain and smog that damage the
health of our people and the health of our environment.
A single powerplant can emit nearly a ton of mercury in a single
year. That's equivalent to incinerating over one million mercury
thermometers and is enough to contaminate millions of acres of
freshwater lakes. In contrast, Maine has zero powerplant emissions of
mercury. This bill would reduce mercury emissions from powerplants by
90 percent.
Powerplants are also one of the largest contributors of greenhouse
gas emissions in the United States. In fact, powerplants account for 40
percent of our carbon dioxide emissions, which scientists believe are
the primary cause of man-made global warming.
I recently had the opportunity to view firsthand some of the dramatic
impacts of global warming. In August, I traveled with Senator McCain
and several other Senators to the northernmost community in the world.
We visited Ny-Alesund on the Norwegian island of Spitsbergen. Located
at 79 deg.N, Ny-Alesund lies well north of the Arctic Circle and is
much closer to the North Pole than to Oslo, the country's
[[Page S472]]
capital. It has even served as a starting point for several polar
expeditions.
Scientists tell us that the global climate is changing more rapidly
than at any time since the beginning of civilization. They further
state that the region of the globe changing most rapidly is the Arctic.
The changes are remarkable and disturbing.
In the last 30 years, the Arctic has lost sea-ice cover over an area
10 times as large as the State of Maine. In the summer, the change is
even more dramatic, with twice as much ice loss. The ice that remains
is as much as 40% thinner than it was just a few decades ago. In
addition to disappearing sea-ice, Arctic glaciers are also rapidly
retreating. In Ny-Alesund, Senator McCain and I witnessed massive
blocks of ice falling off glaciers that had already retreated well back
from the shores where they once rested.
The Clean Power Act takes an important step in addressing global
warming by reducing powerplant emissions of carbon dioxide to 2000
levels by the year 2010. Although doing so will not solve the problem
of global warming, it is an important first step. In light of the rapid
warming in the Arctic and the significance that this warming portends
for the rest of the planet, reducing carbon dioxide emissions is a step
that we can no longer afford to put off.
I am pleased that the Senate Environment and Public Works Committee
will be considering clean air legislation in the 109th Congress. The
Jeffords-Collins-Lieberman bill does more to reduce smog, acid rain,
mercury pollution, and global warming than any other bill. Our bill
provides more public health and environmental benefits than any other
serious proposal, and it provides those benefits sooner.
I believe it is time to stop acid rain, free our lakes from mercury
pollution, reduce global warming, and eliminate the smog that drifts in
to obscure Maine skies and jeopardize our health. I look forward to
working with the administration and my colleagues on both sides of the
aisle to provide cleaner air.
Ms. SNOWE. Mr. President, I rise today to cosponsor Senator Jeffords'
bill--as I have in the last three Congresses--because I remain
dedicated to reducing power plant emissions that cause some of the
Nation's--and Maine's--most serious public health and environmental
problems.
For too many years, coal-burning power plants exempt from emissions
standards under the Clean Air Act have created massive pollution
problems for the Northeast because whatever spews out of their
smokestacks in the Midwest, blows into the Northeast, including my
State of Maine, giving it the dubious distinction of being at the ``end
of the tailpipe'', so to speak.
The Jeffords' legislation calls for reductions of power plant
emissions for pollutants that cause smog, soot, respiratory disease;
acid rain that kills our forests and may be affecting Atlantic salmon
streams; mercury that contaminates our lakes, rivers and streams; and
poses health risks to children and the unborn, and climate
variabilities from manmade carbon dioxide emissions that cause severe
shifts in our weather patterns. Maine currently leads the nation in
asthma cases per capita, which is not a surprise, but which it can do
little about when nearly 80 percent of the State's dirty air--some days
as high as 90 percent--is not of their own making but is transported by
winds blowing in from the Midwest and Southeast.
This bill will dramatically cut aggregate power plant emissions by
2010 for the four major power plant pollutants: nitrogen oxides
(NOX), the primary cause of smog, by 71 percent from 2000
levels; sulfur dioxide (SO2), that causes acid rain and
respiratory disease, by 81 percent from 2000 levels; mercury (Hg),
which poisons our lakes and rivers, causing fish to be unfit for human
consumption, through a 90 percent reduction by 2009; and carbon dioxide
(CO2), the greenhouse gas most directly linked to global
climate change, by 21 percent from 2000 levels. Of note, the
NOX, SO2, and mercury reductions are set at
levels that are known to be cost-effective with available technology.
The Clean Power Act will also eliminate the outdated coal-burning
power plants that were grandfathered in under the Clean Air Act unless
they apply the best available pollution control technology by their
40th birthday or 2014, whichever is later. The thinking for the
exemption in the Clean Air Act was based, at the time, on the
assumption that the plants would not stay on line much longer. However,
as energy has gotten more expensive, companies are keeping these older,
dirtier plants up and running.
Furthermore, just as the Clean Air Act already provides tradable
allowances for sulfur dioxide that causes acid rain, the Jeffords'
legislation also allows for tradable allowances to control emissions
for three other pollutants--NOX, SOX, and
CO2--by using market-oriented mechanisms to meet emissions
reduction requirements.
The tradable allowances would be distributed to five main categories,
including 63 percent or more to households; six percent for transition
assistance to affected communities and industries, which will decline
over time; up to 20 percent to renewable energy generation, efficiency
projects and cleaner energy sources, based on avoided pollution; 10
percent to existing electric generating facilities based on 2003
output; and up to 1.5 percent of the carbon dioxide allowances for
biological and geological carbon sequestration. Of note, trading will
not be allowed if it enables a power plant to pollute at a level that
damages public health or the environment.
I am disappointed that the Clear Skies initiative addresses neither
carbon dioxide as a pollutant nor anthropogenic emissions reductions
for CO2. While I recognize that the pollutants listed under
the Clean Air Act were chosen in order to achieve healthier air for
humans by cutting back on smog and soot, and also for mercury
contamination, I believe it is long past due that carbon dioxide be
recognized as a pollutant that is harming the health of the planet, and
indirectly, all of us.
I am supporting the goal of CO2 emissions reduction in the
Jeffords' bill in the hopes that the bill will be a rallying point to
further the debate for reducing CO2 and at the same time,
get our air cleaner on a quicker timeframe. In particular, Congress
needs to develop a market mechanism approach for CO2
emissions trading--such as we now have for acid rain--to allow U.S.
industries the flexibility and certainty to reduce CO2
emissions without the threat of higher energy production costs in the
future that will be passed on to the consumer. I will continue to work
with my colleagues, the White House and representatives from various
industry groups, and environmental organizations to achieve this goal.
The bottom line is that we have the opportunity to raise the bar for
cleaner domestic energy production in an economically effective manner.
Solutions exist in available and developing technologies, and most of
all in the entrepreneurial spirit of the American people who want a
cleaner and healthier environment, including those in Maine who want to
ensure that the State's pristine lakes and coast will remain clean and
our forests and fish healthy for generations to come.
My State of Maine is leading the way in attempting to reduce
CO2 emissions as it is the first state in the nation to
enact a law setting goals for the reduction of global warming
emissions, through An Act to Provide Leadership in Addressing the
Threat of Climate Change. The Act requires Maine to develop a climate
change action plan to reduce carbon dioxide emissions to 1990 levels by
2010, 10 percent below 1990 levels by 2020, and by as much as 75 to 80
percent over the long term. These are the cuts previously agreed to by
the New England Governors and Eastern Canadian Premiers. The State law
will also inventory and reduce CO2 emissions from state-
funded programs and facilities, and to spur at least 50 partnerships
with businesses and non-profit organizations to reduce CO2
emissions.
While Maine was the first to put into effect a comprehensive climate
change law, other states from the Northeast and around the country have
taken, or are currently taking, actions to address climate change at
the state or regional level. The Jeffords' legislation calls for
Federal leadership as well and sends a powerful message to those who
would heavily pollute our air: your days are numbered.
I am optimistic that the Congress can come together with the
President, industry and all those who want cleaner, healthier air to
create a cohesive
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policy that is best suited for our nation, and I urge my colleagues to
support the Jeffords' four-pollutant legislation.
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