SEC. 402. FOSSIL FUEL USE.
(a) Contracts for Hydroelectric Energy.-Any person who, after the
date of the enactment of the Clean Air Act Amendments of 1990, enters
into a contract under which such person receives hydroelectric energy
in return for the provision of electric energy by such person shall
use allowances held by such person as necessary to satisfy such
person's obligations under such contract.
(b) Federal Power Marketing Administration.-A Federal Power
Marketing Administration shall not be subject to the provisions and
requirements of this title with respect to electric energy generated
by hydroelectric facilities and marketed by such Power Marketing
Administration. Any person who sells or provides electric energy to a
Federal Power Marketing Administration shall comply with the
provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
(a) Repeal.-Section 111(a)(1) of the Clean Air Act is amended to
read as follows:
"(1) The term `standard of performance' means a standard for
emissions of air pollutants which reflects the degree of emission
limitation achievable through the application of the best system of
emission reduction which (taking into account the cost of achieving
such reduction and any nonair quality health and environmental impact
and energy requirements) the Administrator determines has been
(b) Revised Regulations.-Not later than three years after the
date of enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate revised regulations for standards
of performance for new fossil fuel fired electric utility units
commencing construction after the date on which such regulations
are proposed that, at a minimum, require any source subject to
such revised standards to emit sulfur dioxide at a rate not
greater than would have resulted from compliance by such source
with the applicable standards of performance under this section
prior to such revision.
(c) Applicability.-The provisions of subsections (a) and (b)
apply only so long as the provisions of section 403(e) of the
Clean Air Act remain in effect. (d) BACT
Determinations.-Section 169(3) of the Clean Air Act is amended by
inserting: ", clean fuels," after "including fuel cleaning," and
by adding the following at the end thereof: "Emissions from any
source utilizing clean fuels, or any other means, to comply with
this paragraph shall not be allowed to increase above levels that
would have been required under this paragraph as it existed prior
to enactment of the Clean Air Act Amendments of 1990.".
SEC. 404. ACID DEPOSITION STANDARDS.
Not later than 36 months after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency shall
transmit to the Committee on Environment and Public Works of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the feasibility and effectiveness of an
acid deposition standard or standards to protect sensitive and
critically sensitive aquatic and terrestrial resources. The study
required by this section shall include, but not be limited to,
consideration of the following matters:
(1) identification of the sensitive and critically sensitive