[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3797 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 3797
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2016
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To establish the bases by which the Administrator of the Environmental
Protection Agency shall issue, implement, and enforce certain emission
limitations and allocations for existing electric utility steam
generating units that convert coal refuse into energy.
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 ``Satisfying Energy Needs and Saving
the Environment Act'' or the ``SENSE Act''.
SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS.
(a) Definitions.--In this Act:
(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 such term in section 63.10042 of
title 40, Code of Federal Regulations, or any 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 all coal refuse electric utility steam
generating units that are--
(A) located on one or more contiguous or adjacent
properties;
(B) specified within 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, including any
subsequent or successor regulation.
(7) Electric utility steam generating unit.--The term
``electric utility steam generating unit'' means either or
both--
(A) an electric utility steam generating unit, as
such term is defined in section 63.10042 of title 40,
Code of Federal Regulations, or any successor
regulation; or
(B) an electricity generating unit or electric
generating unit, as such 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 with
respect 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 such
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 upon the
permanent cessation of operation of such coal
refuse electric utility steam generating unit.
(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 its primary fuel source from coal to
natural gas, prior to the relevant compliance
period; and
(iii) otherwise receives an allocation of
sulfur dioxide allowances under CSAPR for such
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 such unit to
elect that such 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 such 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 no more than one of the following
emission standards:
(i) An emission standard for emissions of
hydrogen chloride from such unit that is no
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 such unit that is no
more stringent than an emission rate of 0.02
pounds per megawatt-hour.
(iii) An emission standard for emissions of
sulfur dioxide from such unit that is no 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 such unit that is no more
stringent than an emission rate of 1.5 pounds
per megawatt-hour.
(v) An emission standard for emissions of
sulfur dioxide from such unit that is no more
stringent than capture and control of 93
percent of sulfur dioxide across the generating
unit or group of generating units, as
determined by comparing--
(I) the expected sulfur dioxide
generated from combustion of fuels
emissions calculated based upon 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.
Passed the House of Representatives March 15, 2016.
Attest:
KAREN L. HAAS,
Clerk.