[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

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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.
                                 ______