[Senate Report 110-254]
[From the U.S. Government Publishing Office]
Calendar No. 553
110th Congress Report
SENATE
1st Session 110-254
======================================================================
AMENDING THE CLEAN AIR ACT TO REDUCE EMISSIONS OF CARBON DIOXIDE FROM
THE CAPITOL POWER PLANT
_______
December 19, 2007.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1523]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1523) to amend the Clean Air Act to reduce
emissions of carbon dioxide from the Capitol power plant,
having considered the same reports favorably thereon and
recommends that the bill do pass.
General Statement and Background
SUMMARY AND NEED FOR LEGISLATION
The Capitol Power Plant currently burns primarily coal and
natural gas to help heat and cool the Capitol Complex,
resulting in emission of carbon dioxide and other air
pollutants. According to the Government Accountability Office's
April 2007 report Legislative Branch: Energy Audits Are Key to
Strategy for Reducing Greenhouse Gas Emissions, the Capitol
Power Plant accounts for approximately one-third of legislative
branch greenhouse gas emissions, primarily from the combustion
of fossil fuels used to generate steam for heat and to make
chilled water to cool the buildings. The power plant's boilers
use coal for about half of its output, natural gas for most of
the rest of its output, and a relatively small amount of oil.
Technologies available today can help capture and/or use
the carbon dioxide that is released when coal is burned and
reduce emissions of greenhouse gases and potentially of other
air pollutants. The Capitol Power Plant provides an excellent
opportunity to demonstrate such technologies.
S. 1523, the Boxer-Alexander bill creates a demonstration
project at the Capitol power plant for the capture or use of
CO2 emissions from coal burned at the plant.
The project would authorize $3 million dollars to be
awarded by EPA on a competitive basis for a two-year project
that captures, stores or uses carbon dioxide emitted from the
plant when coal is burned.
Factors EPA is to consider in providing the grants include
the ability of such a project to convert the carbon dioxide
into a useful product, such as a transportation fuel, and the
ability of the project to reduce levels of multiple air
pollutants. In addition, the carbon dioxide energy efficiency
of the proposed project is to be taken into account. EPA is to
carry out the demonstration project in consultation and with
the concurrence of the Architect of the Capitol. The program is
to use technology that has been used at least 3 other
facilities on a scale that is at least five times the size of
the Capitol Powerplant project that is proposed. The project
must reduce or eliminate greenhouse gas emissions into the
atmosphere. Bonuses can be provided for days of continuous
operation.
Objectives of the Legislation
The goal of the legislation is to demonstrate that
greenhouse gas emissions from a fossil fuel-fired power plant
such as the Capitol Power Plant can be reduced through the use
of new technologies. The thrust of the bill is to show that the
government can lead by example, demonstrating in a high-profile
way that cutting-edge technological solutions can help to
reduce greenhouse gas and potentially other air pollutant
emissions.
Section-by-Section Analysis
Section 1. Definitions and establishment of demonstration program
Section 1 amends the Clean Air Act by adding a new
subsection 118(e) requiring the establishment of a
demonstration program for control of greenhouses gas emissions
from the Capitol Power Plant.
Subsection (e)(1) includes definitions of the ``Capitol
Power Plant,'' ``carbon dioxide energy efficiency,'' and
``program.''
Subsection (e)(2) requires the EPA Administrator to
establish a competitive grant demonstration program under which
the EPA must provide grants to eligible entities to carry out
projects to demonstrate, during the 2-year period beginning on
the date of enactment, the capture and storage or use of carbon
dioxide emitted from the Capitol power plant as a result of
burning coal.
Subsection (e)(3) requires that EPA provide the grants
under the program on a competitive basis. In providing grants
under the program, EPA is required to take into consideration
the practicability of the potential conversion of carbon
dioxide captured in the project into useful products, such as
transportation fuel. EPA also is to consider the carbon dioxide
energy efficiency of the proposed project, and whether the
proposed project is able to reduce more than one air pollutant,
in addition to carbon dioxide, that is regulated under the
Clean Air Act. Any entity receiving a grant is required to use
the funds to carry out a project using a technology that is in
existence on the date of enactment, that is designed to reduce
or eliminate emissions of carbon dioxide, and that has been
used at three or more other facilities (including a coal-fired
power plant). The entity also must show it has used the
technology on a scale of five or more times the size of the
proposed project at the Capitol power plant (the project at the
Capitol Power Plant need not capture all of the carbon dioxide
emitted by that plant). The project is to be carried out in
consultation with, and with the concurrence with the Architect
of the Capitol.
Subsection (e)(4) provides that in addition to the grant
under the previous paragraphs, EPA may provide to an entity
that receives such a grant an incentive award in an amount
equal to not more than $50,000 for sustained operation of the
project. Of these funds, $15,000 shall be provided if EPA
determines that the project has sustained operation for a
period of 100 days, $15,000 shall be provided if the project
has sustained operation for a period of 200 days, and $20,000
shall be provided if it has sustained operation for a period of
300 days, as determined by the Administrator.
Subsection (e)(5) provides that the program shall terminate
two years after the date of enactment.
Subsection (e)(6) authorizes to be appropriated three
million dollars to carry out this program.
Legislative History
S. 1523 was introduced on May 24, 2007, by Senators Boxer
and Alexander as original cosponsors. Additional cosponsors
include Senators Warner, McConnell, and Lieberman. The bill was
referred to the Committee on Environment and Public Works, and
was ordered reported favorably out of the Committee without
amendment on June 6, 2007.
Rollcall Votes
S. 1523 was approved by the Committee on Environment and
Public Works by voice vote without amendment on June 6, 2007.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that S. 1523 would impose
no Federal intergovernmental unfunded mandates on State, local,
or tribal governments.
Congressional Budget Office Cost Estimate
Summary: S. 1523 would authorize the Environmental
Protection Agency (EPA) to provide grants for projects
demonstrating the capture and storage of carbon dioxide emitted
from the Capitol power plant in Washington, D.C. Assuming
appropriation of the authorized amount, CBO estimates that
administering the program would cost $3 million over the 2008-
2009 period. Enacting the legislation would not affect direct
spending or revenues.
S. 1523 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated costs to the Federal Government: The estimated
budgetary impact of S. 1523 is shown in the following table.
The costs of this legislation would fall within budget function
300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 2 1 0 0 0
Estimated Outlays.................................................. 2 1 0 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1523 will be enacted by the start of 2008 and that the
authorized amount will be appropriated in 2008 and 2009. The
bill would amend section 118 of the Clean Air Act to authorize
EPA to award grants to eligible entities for projects that
demonstrate the capture and storage or use of carbon dioxide
emitted from the Capitol power plant over a two-year period.
The power plant is located in the vicinity of and provides
power to the Capitol Complex in Washington, D.C. CBO estimates
that implementing the bill would cost $3 million over the 2008-
2009 period.
Intergovernmental and private-sector impact: S. 1523
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
tribal governments.
Estimate prepared by: Federal costs: Susanne S. Mehlman and
David Reynolds; Impact on State, local, and tribal governments:
Neil Hood; Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman:
* * * * * * *
----------
CLEAN AIR ACT
* * * * * * *
control of pollution from federal facilities
Sec. 118. (a) General Compliance.--Each department,
agency, and instrumentality of executive, legislative, and
judicial branches of the Federal Government (1) having
jurisdiction over any property or facility, or (2) engaged in
any activity resulting, or which may result, in the discharge
of air pollutants, and each officer, agent, or employee
thereof, shall be subject to, and comply with, all Federal,
State, interstate, and local requirements, administrative
authority, and process and sanctions respecting the control and
abatement of air pollution in the same manner, and to the same
extent as any nongovernmental entity. The preceding sentence
shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting
requirement, any requirement respecting permits and any other
requirement whatsoever), (B) to any requirement to pay a fee or
charge imposed by any State or local agency to defray the costs
of its air pollution regulatory program, (C) to the exercise of
any Federal, State, or local administrative authority, and (D)
to any process and sanction, whether enforced in Federal,
State, or local courts, or in any other manner. This subsection
shall apply notwithstanding any immunity of such agencies,
officers, agents, or employees under any law or rule of law. No
officer, agent, or employee of the United States shall be
personally liable for any civil penalty for which he is not
otherwise liable.
(b) * * *
* * * * * * *
(d) Vehicles Operated on Federal Installations.--Each
department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government
having jurisdiction over any property or facility shall require
all employees which operate motor vehicles on the property or
facility to furnish proof of compliance with the applicable
requirements of any vehicle inspection and maintenance program
established under the provisions of subpart 2 of part D or
subpart 3 of part D for the State in which such property or
facility is located (without regard to whether such vehicles
are registered in the State). The installation shall use one of
the following methods to establish proof of compliance--
(1) presentation by the vehicle owner of a valid
certificate of compliance from the vehicle inspection
and maintenance program;
(2) presentation by the vehicle owner of proof of
vehicle registration within the geographic area covered
by the vehicle inspection and maintenance program
(except for any program whose enforcement mechanism is
not through the denial of vehicle registration);
(3) another method approved by the vehicle inspection
and maintenance program administrator.
(e) Capitol Power Plant Carbon Dioxide Emissions
Demonstration Program.--
(1) Definitions.--In this subsection:
(A) Capitol power plant.--The term ``Capitol
power plant'' means the power plant constructed
in the vicinity of the Capitol Complex,
Washington, DC, pursuant to the first section
of the Act of April 28, 1904 (33 Stat. 479,
chapter 1762), and designated under the first
section of the Act of March 4, 1911 (2 U.S.C.
2162).
(B) Carbon dioxide energy efficiency.--The
term ``carbon dioxide energy efficiency'', with
respect to a project, means the quantity of
electricity used to power equipment for carbon
dioxide capture and storage or use.
(C) Program.--The term ``program'' means the
competitive grant demonstration program
established under paragraph (2).
(2) Establishment of program.--The Administrator
shall establish a competitive grant demonstration
program under which the Administrator shall provide to
eligible entities, as determined by the Administrator,
grants to carry out projects to demonstrate, during the
2-year period beginning on the date of enactment of
this subsection, the capture and storage or use of
carbon dioxide emitted from the Capitol power plant as
a result of burning coal.
(3) Requirements.--
(A) Provision of grants.--
(i) In general.--The Administrator
shall provide the grants under the
program on a competitive basis.
(ii) Factors for consideration.--In
providing grants under the program, the
Administrator shall take into
consideration--
(I) the practicability of
conversion by the proposed
project of carbon dioxide into
useful products, such as
transportation fuel;
(II) the carbon dioxide
energy efficiency of the
proposed project; and
(III) whether the proposed
project is able to reduce more
than 1 air pollutant regulated
under this Act.
(B) Requirements for entities.--An entity
that receives a grant under the program shall--
(i) use to carry out the project of
the entity a technology designed to
reduce or eliminate emission of carbon
dioxide that is in existence on the
date of enactment of this subsection
that has been used--
(I) by not less than 3 other
facilities (including a coal-
fired power plant); and
(II) on a scale of not less
than 5 times the size of the
proposed project of the entity
at the Capitol power plant; and
(ii) carry out the project of the
entity in consultation and concurrence
with the Architect of the Capitol.
(4) Incentive.--In addition to the grant under this
subsection, the Administrator may provide to an entity
that receives such a grant an incentive award in an
amount equal to not more than $50,000, of which--
(A) $15,000 shall be provided after the
project of the entity has sustained operation
for a period of 100 days, as determined by the
Administrator;
(B) $15,000 shall be provided after the
project of the entity has sustained operation
for a period of 200 days, as determined by the
Administrator; and
(C) $20,000 shall be provided after the
project of the entity has sustained operation
for a period of 300 days, as determined by the
Administrator.
(5) Termination.--The program shall terminate on the
date that is 2 years after the date of enactment of
this subsection.
(6) Authorization of appropriations.--There is
authorized to be appropriated to carry out the program
$3,000,000.
* * * * * * *