,,ib ,union ,calendar ,no4 #cdj #aadth ,,congress #b;d ,session ,h4 ,r4 #cgig ,report ,no4 #aad-dde ,,in ,,the ,,house ,,of ,,representatives ,october #bb1 #bjae ,mr4 ,rothfus 7for himself1 ,mr4 ,barletta1 ,mr4 ,thompson of ,pennsylvania1 and ,mr4 ,kelly of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,march #g1 #bjaf;,additional sponsors3 ,mr4 ,mc,kinley1 ,mr4 ,murphy of ,pennsylvania1 and ,mr4 ,sessions ,march #g1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to establish the bases by which the ,administrator of the ,environmental ,protection ,agency shall issue1 implement1 and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy4 #a4 ,short title ,this ,act may be cited as the ,satisfying ,energy ,needs and ,saving the ,environment ,act or the ,,sense ,act4 #b4 ,standards for coal refuse power plants 7a7 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,boiler operating day ,the term boiler operating day has the meaning given such term in section #fc4ajjdb of title #dj1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,coal refuse ,the term coal refuse means any byproduct of coal mining1 physical coal cleaning1 or coal preparation operation that contains coal1 matrix material1 clay1 and other organic and inorganic material4 7#d7 ,coal refuse electric utility steam generating unit ,the term coal refuse electric utility steam generating unit means an electric utility steam generating unit that-- 7,a7 is in operation as of the date of enactment of this ,act2 7,b7 uses fluidized bed combustion technology to convert coal refuse into energy2 and 7,c7 uses coal refuse as at least #ge percent of the annual fuel consumed1 by heat input1 of the unit4 7#e7 ,coal refuse-fired facility ,the term coal refuse-fired facility means all coal refuse electric utility steam generating units that are-- 7,a7 located on one or more contiguous or adjacent properties2 7,b7 specified within the same ,major ,group 7#b-;digit code71 as described in the ,standard ,industrial ,classification ,manual 7#aihg72 and 7,c7 under common control of the same person 7or persons under common control74 7#f7 ,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 #ea1 #eb1 and #ig of title #dj1 ,code of ,federal ,regulations1 including any subsequent or successor regulation4 7#g7 ,electric utility steam generating unit ,the term electric utility steam generating unit means either or both-- 7,a7 an electric utility steam generating unit1 as such term is defined in section #fc4ajjdb of title #dj1 ,code of ,federal ,regulations1 or any successor regulation2 or 7,b7 an electricity generating unit or electric generating unit1 as such terms are used in ,,csapr4 7#h7 ,phase ,i ,the term ,phase ,i means1 with respect to ,,csapr1 the initial compliance period under ,,csapr1 identified for the #bjae and #bjaf annual compliance periods4 7b7 ,application of ,,csapr to certain coal refuse electric utility steam generating units 7#a7 ,coal refuse electric utility steam generating units combusting bituminous coal refuse 7,a7 ,applicability ,this paragraph applies with respect to any coal refuse electric utility steam generating unit that-- 7i7 combusts coal refuse derived from the mining and processing of bituminous coal2 and 7ii7 is subject to sulfur dioxide allowance surrender provisions pursuant to ,,csapr4 7,b7 ,continued applicability of ,phase ,i allowance allocations ,in carrying out ,,csapr1 the ,administrator shall provide that1 for any compliance period1 the allocation 7whether through a ,federal implementation plan or ,state implementation plan7 of sulfur dioxide allowances for a coal refuse electric utility steam generating unit described in subparagraph 7,a7 is equivalent to the allocation of the unit-specific sulfur dioxide allowance allocation identified for such unit for ,phase ,i1 as referenced in the notice entitled ,availability of ,data on ,allocations of ,cross-,state ,air ,pollution ,rule ,allowances to ,existing ,electricity ,generating ,units 7#gi ,fed4 ,reg4 #gafgd 7,december #c1 #bjad774 7,c7 ,rules for allowance allocations ,for any compliance period under ,,csapr that commences on or after ,january #a1 #bjag1 any sulfur dioxide allowance allocation provided by the ,administrator to a coal refuse electric utility steam generating unit described in subparagraph 7,a7-- 7i7 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 unit2 7ii7 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 unit2 7iii7 may be banked for application to compliance obligations in future compliance periods under ,,csapr2 and 7iv7 shall be surrendered upon the permanent cessation of operation of such coal refuse electric utility steam generating unit4 7#b7 ,other sources 7,a7 ,no increase in overall ,state budget of sulfur dioxide allowance allocations ,for purposes of paragraph 7#a71 the ,administrator may not1 for any compliance period under ,,csapr1 increase the total budget of sulfur dioxide allowance allocations for a ,state in which a unit described in paragraph 7#a77;,a7 is located4 7,b7 ,compliance periods #bjag through #bjbj ,for any compliance period under ,,csapr that commences on or after ,january #a1 #bjag1 but before ,december #ca1 #bjbj1 the ,administrator shall carry out subparagraph 7,a7 by proportionally reducing1 as necessary1 the unit-specific sulfur dioxide allowance allocations from each source that-- 7i7 is located in a ,state in which a unit described in paragraph 7#a77;,a7 is located2 7ii7 permanently ceases operation1 or converts its primary fuel source from coal to natural gas1 prior to the relevant compliance period2 and 7iii7 otherwise receives an allocation of sulfur dioxide allowances under ,,csapr for such period4 7c7 ,emission limitations ,to address hydrogen chloride and sulfur dioxide as hazardous air pollutants 7#a7 ,applicability ,for purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section #aab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab71 the ,administrator-- 7,a7 shall authorize the operator of such unit to elect that such unit comply with either-- 7i7 an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph 7#b72 or 7ii7 an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph 7#b72 and 7,b7 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 dioxide4 7#b7 ,rules for emission limitations 7,a7 ,in general ,the ,administrator shall require an operator of a coal refuse electric utility steam generating unit to comply1 at the election of the operator1 with no more than one of the following emission standards3 7i7 ,an emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of #j4jjb pounds per million ,british thermal units of heat input4 7ii7 ,an emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of #j4jb pounds per megawatt-hour4 7iii7 ,an emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of #j4bj pounds per million ,british thermal units of heat input4 7iv7 ,an emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of #a4e pounds per megawatt-hour4 7v7 ,an emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of #ic percent of sulfur dioxide across the generating unit or group of generating units1 as determined by comparing-- 7,i7 the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as-fired fuel samples2 to 7,,ii7 the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system4 7,b7 ,measurement ,an emission standard described in subparagraph 7,a7 shall be measured as a #cj 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 facility4 ,march #g1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed