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S. 2760: 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.

The text of the bill below is as of Apr 26, 2018 (Introduced).


II

115th CONGRESS

2d Session

S. 2760

IN THE SENATE OF THE UNITED STATES

April 26, 2018

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.

1.

Exclusion of energy efficiency proj­ects, pollution control projects, and reliability projects from the definition of a modification

Section 111(a)(4) of the Clean Air Act (42 U.S.C. 7411(a)(4)) is amended—

(1)

by striking (4) The term modification means and inserting the following:

(4)

Modification

(A)

In general

The term modification means

; and

(2)

by adding at the end the following:

(B)

Exclusion

The term modification does not include any energy efficiency project, pollution control project, or reliability project.

(C)

Associated definitions

For purposes of subparagraph (B):

(i)

Energy efficiency project

The term energy efficiency project means any project or activity undertaken at a stationary source (including any physical change in, or change in the method of operation of, the stationary source) or any group of projects, activities, or changes undertaken during the same outage period—

(I)

as a result of which the maximum hourly carbon dioxide emissions rate of the stationary source is lower than that rate was immediately before the project or activity, or the group of projects, activities, or changes, was undertaken; and

(II)

after which the maximum hourly emission rate for any other regulated pollutant is not more than either the facility-wide or unit-specific permitted emission rate.

(ii)

Pollution control project

The term pollution control project means any project or activity undertaken at a stationary source (including any physical change in, or change in the method of operation of, the stationary source) or any group of projects, activities, or changes undertaken during the same outage period, that is undertaken to reduce the emission of any pollutant.

(iii)

Reliability project

The term reliability project means any project or activity undertaken at a stationary source (including any physical change in, or change in the method of operation of, the stationary source) or any group of projects, activities, or changes undertaken during the same outage period, that improves the ability of the electric system—

(I)

to supply the aggregate electric power and energy requirements of electricity consumers at all times, taking into account scheduled and reasonably expected unscheduled outages of system components; and

(II)

to withstand sudden disturbances, such as electric short circuits, the unanticipated loss of system components, or disturbances caused by manmade physical or cyber attacks.

.