A bill to amend the Clean Air Act to exclude energy efficiency projects, pollution control projects, and reliability projects from the definition of a modification.

II 116TH CONGRESS 1ST SESSION S. 2104 To amend the Clean Air Act to exclude energy efficiency projects, pollution control projects, and reliability projects from the definition of a modification. IN THE SENATE OF THE UNITED STATES JULY 11, 2019 Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to exclude energy efficiency projects, pollution control projects, and reliability projects from the definition of a modification. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. EXCLUSION OF ENERGY EFFICIENCY 3 PROJECTS, POLLUTION CONTROL PROJECTS, 4 AND RELIABILITY PROJECTS FROM THE DEF- 5 INITION OF A MODIFICATION. 6 Section 111(a)(4) of the Clean Air Act (42 U.S.C. 7 7411(a)(4)) is amended— 8 (1) by striking ‘‘(4) The term ‘modification’ 9 means’’ and inserting the following: 10 VerDate Sep 11 2014 21:59 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2104.IS S2104 kjohnson on DSK79L0C42 with BILLS 2 •S 2104 IS ‘‘(4) MODIFICATION.— 1 ‘‘(A) IN GENERAL.—The term ‘modifica- 2 tion’ means’’; and 3 (2) by adding at the end the following: 4 ‘‘(B) EXCLUSION.—The term ‘modifica- 5 tion’ does not include any energy efficiency 6 project, pollution control project, or reliability 7 project. 8 ‘‘(C) ASSOCIATED DEFINITIONS.—For pur- 9 poses of subparagraph (B): 10 ‘‘(i) ENERGY EFFICIENCY PROJECT.— 11 The term ‘energy efficiency project’ means 12 any project or activity undertaken at a sta- 13 tionary source (including any physical 14 change in, or change in the method of op- 15 eration of, the stationary source) or any 16 group of projects, activities, or changes un- 17 dertaken during the same outage period— 18 ‘‘(I) as a result of which the 19 maximum hourly carbon dioxide emis- 20 sions rate of the stationary source is 21 lower than that rate was immediately 22 before the project or activity, or the 23 group of projects, activities, or 24 changes, was undertaken; and 25 VerDate Sep 11 2014 21:59 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2104.IS S2104 kjohnson on DSK79L0C42 with BILLS 3 •S 2104 IS ‘‘(II) after which the maximum 1 hourly emission rate for any other 2 regulated pollutant is not more than 3 either the facility-wide or unit-specific 4 permitted emission rate. 5 ‘‘(ii) POLLUTION CONTROL 6 PROJECT.—The term ‘pollution control 7 project’ means any project or activity un- 8 dertaken at a stationary source (including 9 any physical change in, or change in the 10 method of operation of, the stationary 11 source) or any group of projects, activities, 12 or changes undertaken during the same 13 outage period, that is undertaken to reduce 14 the emission of any pollutant. 15 ‘‘(iii) RELIABILITY PROJECT.—The 16 term ‘reliability project’ means any project 17 or activity undertaken at a stationary 18 source (including any physical change in, 19 or change in the method of operation of, 20 the stationary source) or any group of 21 projects, activities, or changes undertaken 22 during the same outage period, that im- 23 proves the ability of the electric system— 24 VerDate Sep 11 2014 21:59 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2104.IS S2104 kjohnson on DSK79L0C42 with BILLS 4 •S 2104 IS ‘‘(I) to supply the aggregate elec- 1 tric power and energy requirements of 2 electricity consumers at all times, tak- 3 ing into account scheduled and rea- 4 sonably expected unscheduled outages 5 of system components; and 6 ‘‘(II) to withstand sudden dis- 7 turbances, such as electric short cir- 8 cuits, the unanticipated loss of system 9 components, or disturbances caused 10 by manmade physical or cyber at- 11 tacks.’’. 12 Æ VerDate Sep 11 2014 21:59 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2104.IS S2104 kjohnson on DSK79L0C42 with BILLS