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S.1833 - Fair Compliance Act of 2011
A bill to provide additional time for compliance with, and coordinating of, the compliance schedules for certain rules of the Environmental Protection Agency.
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Mr. MANCHIN (for himself, Mr. COATS, Mr. NELSON of Nebraska, and Mr. CORKER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(A) any emissions standard for hazardous air pollutants from electric utility steam generating units that the Administrator may promulgate based on the proposed rule entitled ‘National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units’ (76 Fed. Reg. 24976 (May 3, 2011)); orCommentsClose CommentsPermalink
(B) the final rule entitled ‘Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals’ (76 Fed. Reg. 48208 (August 8, 2011)).CommentsClose CommentsPermalink
SEC. 3. COMPLIANCE PERIOD FOR UTILITY MACT STANDARDS.
(1) IN GENERAL- Notwithstanding title I of the Clean Air Act (
(2) DESCRIPTION OF EXTENSION PERIOD- The period referred to in paragraph (1) is a period of not less than an additional 2 years, as measured beginning on the final day of the applicable 3-year compliance period required under section 112(i)(3)(A) of the Clean Air Act (
(b) Savings Clause- Nothing in this section modifies, limits, or otherwise affects the authority to extend the compliance schedule for any emissions standards described in subsection (a)(1) pursuant to paragraph (3)(B) or (4) of section 112(i) of the Clean Air Act (
SEC. 4. COMPLIANCE PERIOD FOR CROSS-STATE AIR POLLUTION RULE.
(1) provide adequate time for each State to adopt and submit plan revisions under section 110 of that Act (
(b) Savings Clause- Nothing in this section modifies the effective date, or otherwise modifies, limits, or affects the emissions reduction requirements, established by the rule described in subsection (a)(1).CommentsClose CommentsPermalink
SEC. 5. EXPEDITIOUS IMPLEMENTATION OF EMISSIONS REDUCTIONS.
(1) DEVELOPMENT- In accordance with subsection (b), each affected owner or operator shall develop a plan for the expeditious implementation of the applicable emissions reduction requirements specified in sections 3 and 4.CommentsClose CommentsPermalink
(2) SUBMISSION- Not later than December 1, 2012, each affected owner or operator shall submit to the Administrator and the Secretary the implementation plan developed under paragraph (1).CommentsClose CommentsPermalink
(A) in the case of each unit designated for permanent retirement under paragraph (2), the proposed date by which the unit will permanently cease all operations to generate electricity; andCommentsClose CommentsPermalink
(B) in the case of each unit designated for continued operation under paragraph (2), the intermediate milestones and the final completion date for the implementation of the control measures that are necessary to achieve compliance with the applicable emissions reductions requirements specified in sections 3 and 4; andCommentsClose CommentsPermalink
(4) in accordance with subsection (d), ensure that the implementation plan does not impair or threaten to impair the reliability of the local or regional electricity system.CommentsClose CommentsPermalink
(1) In the case of each unit designated for retirement under subsection (b)(2), a proposed date for the permanent cessation of all operations to generate electricity in accordance with a schedule that--CommentsClose CommentsPermalink
(B) provides sufficient time for the implementation of any mitigation measures that may be necessary to ensure the reliability of the local or regional electricity system.CommentsClose CommentsPermalink
(A) a description of the control measures that the affected owner or operator plans to implement in order to comply with the applicable emissions reduction requirements specified in sections 3 and 4;CommentsClose CommentsPermalink
(B) intermediate milestones (which may include applying for permits and regulatory approvals, completing phases of the engineering design, placing orders for control equipment, commencing construction, and benchmarks for completion of major phases of construction) that the affected owner or operator plans to meet in order to ensure the expeditious implementation of each control measure identified under subparagraph (A); andCommentsClose CommentsPermalink
(A) IN GENERAL- Not later than July 1, 2012, each affected owner or operator shall submit a draft implementation plan to the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act (
(iii) recommend any revisions to the schedules contained in the implementation plans to provide adequate time for the implementation of any mitigation measures that may be necessary to ensure the reliability and adequacy of the bulk electric system.CommentsClose CommentsPermalink
(ii) REVISIONS- Based on the consultation under clause (i), ERO and the affected owner or operator shall develop any revisions to the schedule contained in the draft plan of the affected owner or operator that may be necessary to address the recommendations developed by ERO during the review of the draft plan.CommentsClose CommentsPermalink
(B) FINALIZATION OF DRAFT PLAN- The consultations under this paragraph shall be completed as expeditiously as practicable to facilitate timely submission of the plans in accordance with subsection (a)(2).CommentsClose CommentsPermalink
(1) PUBLICATION- Not later than 60 days after the date of submission of a draft plan to ERO under subsection (d)(1)(A), the Secretary shall publish and submit to the Administrator the final implementation plan.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- Not later than March 31, 2015, and annually thereafter through 2018, the Secretary shall submit to the Administrator an annual report that describes the progress made during the reporting period on the expeditious implementation of the necessary emissions control measures in a manner that ensures the reliability of the local and regional electricity systems.CommentsClose CommentsPermalink
(1) REQUIREMENT- Not later than December 1, 2014, and annually thereafter, each affected owner or operator that has submitted an implementation plan under subsection (a)(2) shall submit to the Administrator and the Secretary a report describing the progress made during the reporting period in implementing the plan, including--CommentsClose CommentsPermalink
(2) ADJUSTMENTS TO IMPLEMENTATION PLAN- If an affected owner or operator determines that an adjustment to any retirement date or the final date for completion of any control measure is necessary, the affected owner or operator--CommentsClose CommentsPermalink