H.R. 1841House111th Congress (2009-2011)In Committee

Acid Rain and Mercury Control Act

Introduced April 1, 2009

Legislative Activity

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8 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.

April 28, 2009

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HouseIntro Referral

Introduced in House

April 1, 2009

HouseIntro Referral

Referred to House Energy and Commerce

April 1, 2009

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Science and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

April 1, 2009

HouseIntro Referral

Referred to House Natural Resources

April 1, 2009

HouseIntro Referral

Referred to House Science and Technology

April 1, 2009

HouseIntro Referral

Referred to House Agriculture

April 1, 2009

HouseCommittee

Referred to the Subcommittee on Energy and Environment.

April 2, 2009

HouseCommittee

Referred to the Subcommittee on Energy and Environment.

April 6, 2009

HouseCommittee

Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.

April 28, 2009

Floor Debate

24 members

What members said about H.R. 1841 on the floor

11 Republicans13 Democrats
Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Jun 26, 2009

Madam Speaker, pursuant to H. Res. 587, I call up the bill (H.R. 2454) to create clean-energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean-energy…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Jun 26, 2009

I thank the gentleman from California, and I thank him and his staff for the outstanding leadership and vision which he has provided on this legislation. This is the culmination of a career of work…

Frank D. Lucas
Rep. Frank D. LucasR-OK-3 · Jun 26, 2009

Madam Speaker, I thank the gentleman from Texas, and I yield myself such time as I may consume. The Waxman-Markey bill promises to destroy our standard of living and the quality of life with higher…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Jun 26, 2009

Mr. Speaker, it is an honor to speak in support of this historic legislation. Congress has never faced a challenge of such magnitude, complexity, or urgency. Global climate change is an existential…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jun 26, 2009

I thank my good friend from California for his kind remarks, and I express my appreciation to him. Madam Speaker, I rise in support of the Clean Energy Security Act. But before I address my remarks,…

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Peter Welch
Rep. Peter WelchD-VT · Jun 26, 2009

Thank you, Mr. Waxman. Madam Speaker, although some dispute it, there is little doubt that oil is a finite resource and we are at or near peak oil, that global warming is real, that the threat to our…

Cliff Stearns
Rep. Cliff StearnsR-FL-6 · Jun 26, 2009

Madam Speaker, you know, this is a defining moment. And ``where were you when this legislation came on the floor'' is going to be something that you're going to remember. As the ranking member has…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Jun 26, 2009

I thank the gentleman for yielding. Madam Speaker, this bill was written in a fantasy land where unemployment isn't reaching 10 percent, thousands haven't lost homes to foreclosure, and millions…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Jun 26, 2009

I thank the chairman for yielding to me, and I rise in support of this bill as I supported it in committee. I think this bill goes a great step in the right direction. It will revitalize our economy…

Joe Barton
Rep. Joe BartonR-TX-6 · Jun 26, 2009

Madam Speaker, I ask unanimous consent that the ranking member of the Agriculture Committee, the gentleman from Oklahoma (Mr. Lucas), control the first 15 minutes of debate on the minority side.…

Dave Camp
Rep. Dave CampR-MI-4 · Jun 26, 2009

Mr. Speaker, I yield myself 3 minutes. As a candidate, the President stated that under his energy plan ``electricity rates would necessarily skyrocket.'' I give him credit, he was being honest with…

John Linder
Rep. John LinderR-GA-7 · Jun 26, 2009

I thank the chairman for yielding. Mr. Speaker, I will submit a statement for the Record, but I'm not going to read that statement. I want to respond to the gentleman from Connecticut, who said we…

Rick Boucher
Rep. Rick BoucherD-VA-9 · Jun 26, 2009

I thank the gentleman from California for yielding and congratulate him on the tremendous leadership that he has shown in bringing this measure to the House floor this afternoon. Madam Speaker, I…

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Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Jun 26, 2009

The chairman will be recognized for generations to come for confronting the challenges that we face. You know, the fact of the matter is that the EPA, under a court's decision, is going to have the…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jun 26, 2009

Madam Speaker, I rise in strong opposition to this bill. I agree with one thing the gentleman from Massachusetts had to say and, that is, this bill has very important consequences, but those…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jun 26, 2009

Madam Speaker, if there is one thing everyone in this Chamber should be able to agree on, it is that we need to focus on job creation and relieve the burden on middle-class families, not increase it.…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Jun 26, 2009

Mr. Speaker, I rise today in support of the American Clean Energy and Security Act of 2009 and urge my colleagues to support it. Listening to the beginning of this debate, I'm convinced that--one of…

Ike Skelton
Rep. Ike SkeltonD-MO-4 · Jun 26, 2009

I certainly thank the gentleman for yielding. Madam Speaker, as a farm State Representative, I have said for quite some time that any climate change legislation approved by the House must take into…

Roy Blunt
Rep. Roy BluntR-MO-7 · Jun 26, 2009

I thank the gentleman for yielding. Madam Speaker, you and I came to the House of Representatives at the same time. We have often voted differently, but I have always appreciated your public service…

Mike Rogers
Rep. Mike RogersR-MI-8 · Jun 26, 2009

Madam Speaker, my appreciation for your years in the House and your great service here. Congratulations and great success in your new endeavor. I agree, Madam Speaker, with President Obama and Warren…

Jerry Moran
Rep. Jerry MoranR-KS-1 · Jun 26, 2009

I thank the gentleman for yielding. Madam Speaker, there is an assertion, a story around Congress today that with the adoption of the Peterson amendment, the negotiations between the chairman of the…

Richard E. Neal
Rep. Richard E. NealD-MA-2 · Jun 26, 2009

I want to commend Mr. Rangel and Mr. Waxman and Mr. Markey, who have attempted against long odds to forge a consensus on this legislation. Mr. Speaker, the bottom line to this legislation as proposed…

Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Jun 26, 2009

Madam Speaker, today marks a historic chance to move our great country forward and transform our economy for the demands of the 21st century. I fully support this bill. It will not only make our…

John B. Larson
Rep. John B. LarsonD-CT-1 · Jun 26, 2009

I thank the distinguished chairman. Mr. Speaker, it has been an interesting day in listening to the claims that have emanated from the other side of the aisle, claims about honesty, claims about…

Bill Text

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Introduced in HouseIssued April 1, 2009

I

111th CONGRESS

1st Session

H. R. 1841

IN THE HOUSE OF REPRESENTATIVES

April 1, 2009

Mr. McHugh introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Science and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Clean Air Act to reduce sulfur dioxide, nitrogen oxide, and mercury emissions, and for other purposes.

1.

Short title and table of contents

(a)

Short title

This Act may be cited as the Acid Rain and Mercury Control Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants.

Sec. 4. Mercury emission reductions.

Sec. 5. Effect on other law.

Sec. 6. Protecting sensitive regional ecosystems.

Sec. 7. Authorization of appropriations.

Sec. 8. Modernization.

2.

Findings and purposes

(a)

Findings

Congress finds that—

(1)

reductions of atmospheric sulfur dioxide and nitrogen oxide from utility plants, in addition to the reductions required under the Clean Air Act (42 U.S.C. 7401 et seq.), are needed to reduce acid deposition and its serious adverse effects on public health, natural resources, building structures, sensitive ecosystems, and visibility;

(2)

sulfur dioxide and nitrogen oxide contribute to the development of fine particulates, suspected of causing human mortality and morbidity to a significant extent;

(3)

regional nitrogen oxide reductions of 75 percent in the Eastern United States, in addition to the reductions required under the Clean Air Act, may be necessary to protect sensitive watersheds from the effects of nitrogen deposition;

(4)

since the Clean Air Act Amendments of 1990 were enacted, some acidic lakes in the Adirondacks in the State of New York have started to slowly show chemical recovery from acid rain, demonstrating that sulfur dioxide and nitrogen oxide regulations can be implemented in a cost-effective manner, but the recovery is progressing at a slower rate than originally intended;

(5)

nitrogen oxide is highly mobile and can lead to ozone formation hundreds of miles from the emitting source;

(6)

on March 10, 2005, the Environmental Protection Agency (EPA) issued the Clean Air Interstate Rule (CAIR) to require additional reductions in sulfur dioxide and nitrogen oxide in 28 Eastern States and the District of Columbia;

(7)

these reductions represent approximately a 70 percent reduction in sulfur dioxide and a 60 percent reduction in nitrogen oxide in the affected States;

(8)

on July 11, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAIR and on December 23, 2008, the same court remanded the rule back to the EPA without vacature;

(9)

fossil fuel-fired electric generating units emit approximately 1/3 of the total mercury emissions in the United States;

(10)

mercury is considered a neurotoxin which can bioaccumulate as it moves its way up the food chain and is especially harmful to young children and developing fetuses;

(11)

according to the EPA, there were 3,080 fish advisories for mercury in 2006; there are over 90 fish advisories for mercury in New York alone, with blanket warning for the Adirondack and Catskill Mountains;

(12)

on March 15, 2005, EPA issued the Clean Air Mercury Rule (CAMR), which for the first time sought to regulate mercury emissions from power plants, but used a less restrictive cap-and-trade approach for this very harmful substance and would take a full decade to implement;

(13)

on February 8, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAMR; and

(14)

on February 23, 2009, the Supreme Court denied a request to reconsider the decision.

(b)

Purposes

The purposes of this Act are—

(1)

to recognize the current scientific understanding that emissions of sulfur dioxide and nitrogen oxide, and the acid deposition resulting from emissions of sulfur dioxide and nitrogen oxide, present a substantial human health and environmental risk;

(2)

to require reductions in sulfur dioxide and nitrogen oxide emissions;

(3)

to support the efforts of existing acid rain and mercury monitoring programs located throughout the country;

(4)

to reduce utility emissions of nitrogen oxide by 75 percent from 1997 levels;

(5)

to reduce utility emissions of sulfur dioxide by 75 percent after the implementation of phase II sulfur dioxide requirements under section 405 of the Clean Air Act (42 U.S.C. 7651d); and

(6)

to adopt a strict standard for mercury emissions by power plants of 0.6 pounds per trillion Btu without allowing for a cap-and-trade system.

3.

Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants

Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following:

132.

Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants

(a)

Emission reduction objectives

The emission reduction objectives of this section are to reduce, not later than January 1, 2012—

(1)

aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the Phase II sulfur dioxide requirements under title IV (relating to acid deposition control); and

(2)

aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels.

(b)

Agency action

(1)

Regulations

(A)

In general

Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a).

(B)

Elements

The regulations promulgated under subparagraph (A)—

(i)

shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors;

(ii)

may include market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods);

(iii)

shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; and

(iv)

shall include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy.

(2)

Interagency coordination to minimize costs and maximize gains

To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled Scenarios for a Clean Energy Future, dated November 2000.

(c)

Additional reductions

The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare.

(d)

Modernization of outdated powerplants

(1)

In general

On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with—

(A)

the most recent new source performance standards promulgated under section 111; and

(B)

the requirements under parts C and D that are applicable to modified sources.

(2)

Additional requirements

The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b).

(e)

Other requirements

The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act.

(f)

Definition

In this section, the term powerplant means an electric generation facility with a nameplate capacity of 25 megawatts or more that uses a combustion device to generate electricity for sale.

.

4.

Mercury emission reductions

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

VII

Mercury Reductions

Sec. 701. Definitions.

Sec. 702. Mercury reduction program.

Sec. 703. Prohibitions.

701.

Definitions

In this title:

(1)

Affected unit

The term affected unit means a coal-fired electric generating facility (including a cogeneration facility) that—

(A)

has a nameplate capacity greater than 25 megawatts; and

(B)

generates electricity for sale.

(2)

Cogeneration facility

The term cogeneration facility means a facility that—

(A)

cogenerates—

(i)

steam; and

(ii)

electricity; and

(B)

supplies, on a net annual basis, to any utility power distribution system for sale—

(i)

more than 1/3 of the potential electric output capacity of the facility; and

(ii)

more than 25 megawatts of electrical output of the facility.

702.

Mercury reduction program

(a)

New unit requirement

Any affected unit that commences operation after December 31, 2010, shall be considered a new unit for the purposes of this section and shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement of operation.

(b)

Existing unit requirement

Any affected unit that commences operation on or before December 31, 2010, shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu by January 1, 2013.

(c)

Monitoring system

Not later than January 1, 2011, the Administrator shall promulgate regulations requiring operation, reporting and certification of continuous emissions monitoring systems (CEMS) to accurately measure the quantity of mercury that is emitted from each affected unit.

(d)

Excess emissions

(1)

In general

The owner or operator of an affected unit that emits mercury in excess of the emission limitation described in subsections (b) and (c) shall pay an excess emissions penalty determined under paragraph (2).

(2)

Determination of excess emissions penalty

The excess emissions penalty shall be an amount equal to $10,000 for each ounce of mercury emitted in excess of the emission limitations for mercury described in subsections (b) and (c).

(e)

Prevention of mercury re-release

Not later than January 1, 2011, the Administrator shall promulgate regulations to ensure that any mercury captured or recovered by emission controls installed at an affected unit is not re-released into the environment.

703.

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;

(C)

to fail to provide and comply with any plan to offset excess emissions; or

(D)

to emit mercury in excess of the emission limitations established under section 702; 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.

.

5.

Effect on other law

Nothing in this Act—

(1)

affects the ability of a State to take State actions to further limit sulfur dioxide, nitrogen oxide, or mercury; and

(2)

except as expressly provided in this Act—

(A)

modifies or otherwise affects any requirement of this Act in effect on the day before the date of enactment of this Act; or

(B)

relieves any person of the responsibility to comply with this Act.

6.

Protecting sensitive regional ecosystems

(a)

Report

(1)

In general

Not later than December 31, 2012, the Administrator shall submit to Congress a report identifying objectives for scientifically credible environmental indicators, as determined by the Administrator of the Environmental Protection Agency, that are sufficient to protect and restore sensitive ecosystems of the Adirondack Mountains, mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains, and Southern Blue Ridge Mountains and water bodies of the Great Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay and other sensitive ecosystems, as determined by the Administrator.

(2)

Updated report

Not later than December 31, 2021, the Administrator shall submit to Congress a report updating the report under paragraph (1) and assessing the status and trends of various environmental objectives and indicators for the sensitive regional ecosystems referred to in paragraph (1).

(3)

Reports under the national acid precipitation assessment program

The reports under this subsection shall be subject to the requirements applicable to a report under section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 7403(j)(3)(E)).

(b)

Regulations

(1)

Determination

Not later than December 31, 2019, the Administrator shall determine whether emission reductions under title VII of the Clean Air Act are sufficient to ensure achievement of the objectives stated in subsection (a)(1).

(2)

Promulgation

If the Administrator determines under paragraph (1) that emission reductions under title VII of the Clean Air Act are not sufficient to ensure achievement of the objectives identified in subsection (a)(1), the Administrator shall promulgate, not later than 2 years after making the finding, such regulations, including modification of sulfur dioxide and nitrogen oxide allowance allocations or any such measure, as the Administrator determines are necessary to protect the sensitive ecosystems described in subsection (a)(1).

7.

Authorization of appropriations

In addition to amounts made available under any other law, there are authorized to be appropriated for each of fiscal years 2010 through 2020—

(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.

8.

Modernization

(a)

Authorization of appropriations

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.

(b)

Availability of amounts

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