[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 979 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 979

   To authorize the President and the Governor of a State to suspend 
certain environmental and siting requirements applicable to fossil fuel 
  fired electric power plants to alleviate an electric power shortage 
 that may present a threat to public health and safety, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2001

  Mr. Hunter introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Resources, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the President and the Governor of a State to suspend 
certain environmental and siting requirements applicable to fossil fuel 
  fired electric power plants to alleviate an electric power shortage 
 that may present a threat to public health and safety, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SUSPENSION OF CERTAIN REQUIREMENTS FOR FOSSIL FUEL FIRED 
              ELECTRIC POWER PLANTS.

    (a) Electric Generation Shortage.--Whenever the President--
            (1) determines that an emergency shortage of electric 
        generation capacity exists in any State, or
            (2) receives from the Governor of any State a declaration 
        of an emergency issued by such Governor respecting such a 
        shortage,
if the President or Governor has determined that such shortage has 
resulted, or may result, in an emergency that presents a threat to 
public health and safety or the economy of such State, the President 
may take action under subsection (b).
    (b) Suspension of Requirements.--Upon a determination referred to 
in subsection (a), the President may suspend, or authorize the Governor 
to suspend either of both of the following:
            (1) Any requirements of an applicable implementation plan 
        in effect in the State under the Clean Air Act if such 
        requirements limit the duration or amount of electric power 
        generation for any fossil fuel fired electric generating 
        facility.
            (2) Any requirements affecting the siting of any new fossil 
        fuel fired electric generating facility under the National 
        Environmental Policy Act, the Endangered Species Act, the Clean 
        Water Act, or any Federal, State or local governing the siting 
        of new facilities.
A suspension under this subsection shall remain in effect for such 
period as the President deems necessary to protect public health and 
safety in the State in which such emergency exists.
    (c) Effect on Other Requirements.--Notwithstanding emissions of any 
air pollutant from any facility or facilities covered by a suspension 
under subsection (a)(1) that are causing or contributing to 
concentrations of such air pollutant in the State in excess of the 
applicable national ambient air quality standard, the Administrator of 
the Environmental Protection Agency shall not disapprove the State 
implementation plan under the Clean Air Act, or promulgate a plan or 
plan provisions under section 110(c) of that Act, for that State if the 
applicable implementation plan under such Act for that State would not 
have been disapproved, and no such plan or plan provisions would have 
been promulgated by the Administrator, in the absence of the suspension 
under subsection (a).
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