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Malden High School Model Senate 2013
113th Congress
1st session
S._________
To amend the Clean Air Act to eliminate the capturing of emissions from stationary oil and gas
sources.
__________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2013
Mr. Michael Enzi introduced the following bill, which was read twice and referred to the
Committee on…
March 27, 2013
Reported by Mr. Michael Enzi, with an amendment to
_________________________________
A BILL
To amend the Clean Air Act to eliminate the capturing of emissions from stationary oil and gas
sources.
Be it enacted by The Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Bringing Reductions to Energy’s Airborne Toxic Health Effects
Act’ or the ‘BREATHE Act’.
SECTION 2. TABLE OF CONTENTS/FINDINGS
Section 1. Short Title.
Section 2. Table of Contents/Findings.
Section 3. Definitions.
Section 4. Purpose and Explanation.
Section 5. Repealing Clause.
Section 6. Effective Date.
SECTION 3. DEFINITIONS.
Major source
The term “major source” means any stationary source or group of stationary sources located
within a contiguous area and under common control that emits or has the potential to emit
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considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or
25 tons per year or more of any combination of hazardous air pollutants. The Administrator may
establish a lesser quantity, or in the case of radionuclides different criteria, for a major source
than that specified in the previous sentence, on the basis of the potency of the air pollutant,
persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other
relevant factors.
Area source
The term “area source” means any stationary source of hazardous air pollutants that is not a
major source. For purposes of this section, the term “area source” shall not include motor
vehicles or nonroad vehicles subject to regulation under subchapter II of this chapter.
Stationary Source
The term “stationary source” means any building, structure, facility, or installation which emits
or may emit any air pollutant.
New source
The term “new source” means a stationary source the construction or reconstruction of which is
commenced after the Administrator first proposes regulations under this section establishing an
emission standard applicable to such source.
Modification
The term “modification” means any physical change in, or change in the method of operation of,
a major source which increases the actual emissions of any hazardous air pollutant emitted by
such source by more than a de minimis amount or which results in the emission of any hazardous
air pollutant not previously emitted by more than a de minimis amount.
Hazardous Air Pollutant
The term “hazardous air pollutant” means listed under the The National Emissions Standards
for Hazardous Air Pollutants (NESHAPs) are emission standards set by the United States EPA
for an air pollutant not covered by NAAQS that may cause an increase in fatalities or in serious,
irreversible, or incapacitating illness, which is listed under subsection (b) of section 112 of the
Clean Air Act.
Adverse environmental effect
The term “adverse environmental effect” means any significant and widespread adverse effect,
which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources,
including adverse impacts on populations of endangered or threatened species or significant
degradation of environmental quality over broad areas.
Owner or operator
The term “owner or operator” means any person who owns, leases, operates, controls, or
supervises a stationary source.
Existing Source
The term “existing source” means any stationary source other than a new source.
Energy Portfolio
The term “energy portfolio” means any source of energy currently usable in the United States.
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Flaring
The term “flaring” refers to the process of burning pollutants produced inside oil shale wells.
x
Limited Refinery Capacity
The term “limited refinery capacity” means the lack of fuel to fulfill the nation’s energy
demands.
Foreign Distributor(s)
The term “foreign distributor” means any source which exports energy and fuel to other
country’s.
SECTION 4. PURPOSE AND EXPLANATION
(A) The Congress finds(1) that the predominant part of the nation’s population is located in its rapidly expanding
metropolitan and other urban areas, which generally cross the boundary lines of local
jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization,
industrial development, and the increasing use of motor vehicles, has resulted in mounting
dangers to the public health and welfare, including injury to agricultural crops and livestock,
damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that research and development of hydrogen technologies (that is, equipment utilizing
hydrogen as an energy source) is the primary responsibility of States and local governments;
(4) that Federal financial assistance and leadership is essential for the development of
cooperative Federal, State, regional, and local programs to produce equipment for alternative
energy sources;
(5) that financial assistance put towards the regulations of oil and gas emissions increases taxes
on foreign oil and makes it harder to produce domestic oil from existing sources;
(6) that the production of oil shale technology would produce more fuel while reducing the costs
of energy usage;
(7) that the high price of gas in 2008 was due to the limited refinery capacity, which is caused the
inability to produce enough fuel for the nation, thus, having to import oil from foreign
distributors.
(8) that solely new and major sources may be required to utilize emission-reducing equipment
due to their extensive production of hazardous air pollutants;
(9) that discretion is left to the owner or operator of the area source to decide if flaring may be
required to eliminate the pollutants; and
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(B) Declaration(1) to initiate and accelerate a national research and development program to achieve the
production of alternative energy sources and diversify the United States energy portfolio
(2) to reduce the costs of gas by increasing the production of fracking and improving oil shale
technology, which, may be deterred by the additional process of capturing emissions.
(3) to fulfill the increasing energy demands of the growing U.S. economy.
(4) to support the diversity of the U.S. energy portfolio in producing alternative and renewable
energy sources, such as wind, water, hydro-electric, and nuclear energy.
(5) to direct money initially put towards the new equipment by the Department of Energy and the
Department of Commerce.
SECTION 5. REPEALING CLAUSE.
“All legislation or parts of legislation in conflict with this are hereby repealed.”
SECTION 6. EFFECTIVE DATE.