S.Amdt. 3184

SA 3184. Mr. TOOMEY (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

TITLE __--COAL REFUSE POWER PLANTS

SEC. _01. SHORT TITLE.

This title may be cited as the ``Satisfying Energy Needs
and Saving the Environment Act'' or the ``SENSE Act''.

SEC. _02. STANDARDS FOR COAL REFUSE POWER PLANTS.

(a) Definitions.--In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Boiler operating day.--The term ``boiler operating
day'' has the meaning given the term in section 63.10042 of
title 40, Code of Federal Regulations (or a successor
regulation).
(3) Coal refuse.--The term ``coal refuse'' means any
byproduct of coal mining, physical coal cleaning, or coal
preparation operation that contains coal, matrix material,
clay, and other organic and inorganic material.
(4) Coal refuse electric utility steam generating unit.--
The term ``coal refuse electric utility steam generating
unit'' means an electric utility steam generating unit that--
(A) is in operation as of the date of enactment of this
Act;
(B) uses fluidized bed combustion technology to convert
coal refuse into energy; and
(C) uses coal refuse as at least 75 percent of the annual
fuel consumed, by heat input, of the unit.
(5) Coal refuse-fired facility.--The term ``coal refuse-
fired facility'' means a facility in which the coal refuse
electric utility steam generating units are--
(A) located on 1 or more contiguous or adjacent properties;
(B) specified in the same Major Group (2-digit code), as
described in the Standard Industrial Classification Manual
(1987); and
(C) under common control of the same person (or persons
under common control).
(6) Cross-state air pollution rule.--The terms ``Cross-
State Air Pollution Rule'' and ``CSAPR'' mean the regulatory
program promulgated by the Administrator to address the
interstate transport of air pollution in parts 51, 52, and 97
of title 40, Code of Federal Regulations (or successor
regulations).
(7) Electric utility steam generating unit.--The term
``electric utility steam generating unit'' means--
(A) an electric utility steam generating unit, as the term
is defined in section 63.10042 of title 40, Code of Federal
Regulations (or a successor regulation); or
(B) an electricity generating unit or electric generating
unit, as the terms are used in CSAPR.
(8) Phase i.--The term ``Phase I'' means, with respect to
CSAPR, the initial compliance period under CSAPR, identified
for the 2015 and 2016 annual compliance periods.
(b) Application of CSAPR to Certain Coal Refuse Electric
Utility Steam Generating Units.--
(1) Coal refuse electric utility steam generating units
combusting bituminous coal refuse.--
(A) Applicability.--This paragraph applies to any coal
refuse electric utility steam generating unit that--
(i) combusts coal refuse derived from the mining and
processing of bituminous coal; and
(ii) is subject to sulfur dioxide allowance surrender
provisions pursuant to CSAPR.
(B) Continued applicability of phase i allowance
allocations.--In carrying out CSAPR, the Administrator shall
provide that, for any compliance period, the allocation
(whether through a Federal implementation plan or State
implementation plan) of sulfur dioxide allowances for a coal
refuse electric utility steam generating unit described in
subparagraph (A) is equivalent to the allocation of the unit-
specific sulfur dioxide allowance allocation identified for
that unit for Phase I, as referenced in the notice entitled
``Availability of Data on Allocations of Cross-State Air
Pollution Rule Allowances to Existing Electricity Generating
Units'' (79 Fed. Reg. 71674 (December 3, 2014)).
(C) Rules for allowance allocations.--For any compliance
period under CSAPR that commences on or after January 1,
2017, any sulfur dioxide allowance allocation provided by the
Administrator to a coal refuse electric utility steam
generating unit described in subparagraph (A)--
(i) shall not be transferable for use by any other source
not located at the same coal refuse-fired facility as the
relevant coal refuse electric utility steam generating unit;
(ii) may be transferable for use by another source located
at the same coal refuse-fired facility as the relevant coal
refuse electric utility steam generating unit;
(iii) may be banked for application to compliance
obligations in future compliance periods under CSAPR; and
(iv) shall be surrendered on the date on which the
operation of the coal refuse electric utility steam
generating unit permanently ceases.
(2) Other sources.--
(A) No increase in overall state budget of sulfur dioxide
allowance allocations.--For purposes of paragraph (1), the
Administrator may not, for any compliance period under CSAPR,
increase the total budget of sulfur dioxide allowance
allocations for a State in which a unit described in
paragraph (1)(A) is located.
(B) Compliance periods 2017 through 2020.--For any
compliance period under CSAPR that commences on or after
January 1, 2017, but before December 31, 2020, the
Administrator shall carry out subparagraph (A) by
proportionally reducing, as necessary, the unit-specific
sulfur dioxide allowance allocations from each source that--
(i) is located in a State in which a unit described in
paragraph (1)(A) is located;
(ii) permanently ceases operation, or converts the primary
fuel source from coal to natural gas, before the relevant
compliance period; and
(iii) otherwise receives an allocation of sulfur dioxide
allowances under CSAPR for the relevant compliance period.
(c) Emission Limitations to Address Hydrogen Chloride and
Sulfur Dioxide as Hazardous Air Pollutants.--
(1) Applicability.--For purposes of regulating emissions of
hydrogen chloride or sulfur dioxide from a coal refuse
electric utility steam generating unit under section 112 of
the Clean Air Act (42 U.S.C. 7412), the Administrator--
(A) shall authorize the operator of the coal refuse
electric utility steam generating unit to elect that the coal
refuse electric utility steam generating unit comply with
either--
(i) an emissions standard for emissions of hydrogen
chloride that meets the requirements of paragraph (2); or
(ii) an emission standard for emissions of sulfur dioxide
that meets the requirements of paragraph (2); and
(B) may not require that the coal refuse electric utility
steam generating unit comply with both an emission standard
for emissions of hydrogen chloride and an emission standard
for emissions of sulfur dioxide.
(2) Rules for emission limitations.--
(A) In general.--The Administrator shall require an
operator of a coal refuse electric utility steam generating
unit to comply, at the election of the operator, with not
more than 1 of the following emission standards:
(i) An emission standard for emissions of hydrogen chloride
from a coal refuse electric utility steam generating unit
that is not more stringent than an emission rate of 0.002
pounds per million British thermal units of heat input.
(ii) An emission standard for emissions of hydrogen
chloride from a coal refuse electric

[[Page S492]]

utility steam generating unit that is not more stringent than
an emission rate of 0.02 pounds per megawatt-hour.
(iii) An emission standard for emissions of sulfur dioxide
from a coal refuse electric utility steam generating unit
that is not more stringent than an emission rate of 0.20
pounds per million British thermal units of heat input.
(iv) An emission standard for emissions of sulfur dioxide
from a coal refuse electric utility steam generating unit
that is not more stringent than an emission rate of 1.5
pounds per megawatt-hour.
(v) An emission standard for emissions of sulfur dioxide
from a coal refuse electric utility steam generating unit
that is not more stringent than capture and control of 93
percent of sulfur dioxide across the coal refuse electric
utility steam generating unit or group of coal refuse
electric utility steam generating units, as determined by
comparing--

(I) the expected sulfur dioxide generated from combustion
of fuels emissions calculated based on as-fired fuel samples;
to
(II) the actual sulfur dioxide emissions as measured by a
sulfur dioxide continuous emission monitoring system.

(B) Measurement.--An emission standard described in
subparagraph (A) shall be measured as a 30-boiler operating
day rolling average per coal refuse electric utility steam
generating unit or group of coal refuse electric utility
steam generating units located at a single coal refuse-fired
facility.
______