[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2127 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2127

 To prohibit the Administrator of the Environmental Protection Agency 
   from finalizing any rule imposing any standard of performance for 
  carbon dioxide emissions from any existing or new source that is a 
  fossil fuel-fired electric utility generating unit unless and until 
     carbon capture and storage is found to be technologically and 
                         economically feasible.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2013

  Mr. McKinley (for himself, Mr. Rahall, Mrs. Capito, Mr. Johnson of 
Ohio, Mr. Olson, Mr. Latta, Mr. Griffith of Virginia, and Mr. Peterson) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Administrator of the Environmental Protection Agency 
   from finalizing any rule imposing any standard of performance for 
  carbon dioxide emissions from any existing or new source that is a 
  fossil fuel-fired electric utility generating unit unless and until 
     carbon capture and storage is found to be technologically and 
                         economically feasible.

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

SECTION 1. NO FINALIZATION OF ANY STANDARD OF PERFORMANCE FOR CARBON 
              DIOXIDE EMISSIONS FROM ANY EXISTING OR NEW FOSSIL FUEL-
              FIRED ELECTRIC UTILITY GENERATING UNIT UNLESS CARBON 
              CAPTURE AND STORAGE IS TECHNOLOGICALLY AND ECONOMICALLY 
              FEASIBLE.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall not finalize any rule imposing any standard of performance 
under section 111 of the Clean Air Act (42 U.S.C. 7411) for emissions 
of carbon dioxide from any existing or new source that is a fossil 
fuel-fired electric utility generating unit unless and until--
            (1) the Administrator determines in accordance with such 
        section 111 that carbon capture and storage is the best system 
        of emission reduction which (taking into account the cost of 
        achieving such reduction and any nonair health and 
        environmental impact and energy requirements) the Administrator 
        determines has been adequately demonstrated; and
            (2) carbon capture and storage is found to be 
        technologically and economically feasible for fossil fuel-fired 
        electric utility generating units in a report that is published 
        in the Federal Register, and submitted to the Congress, by at 
        least three of the following four officials:
                    (A) The Administrator of the Energy Information 
                Administration.
                    (B) The Comptroller General of the United States.
                    (C) The Director of the National Energy Technology 
                Laboratory.
                    (D) The Under Secretary of Commerce for Standards 
                and Technology.
    (b) Prohibition Against Combined Source Category.--In proposing or 
finalizing any rule imposing any standard of performance under section 
111 of the Clean Air Act (42 U.S.C. 7411) for emissions of carbon 
dioxide from any existing or new source that is a fossil fuel-fired 
electric utility generating unit, the Administrator of the 
Environmental Protection Agency shall not combine in the same category 
of stationary sources--
            (1) electric utility steam generating units subject to 
        subpart Da of part 60, title 40, Code of Federal Regulations 
        (as in effect on the date of the enactment of this Act); and
            (2) combined cycle electric generating units subject to 
        subpart KKKK of such part (as in effect on such date).
    (c) Definitions.--In this section:
            (1) The term ``economically feasible'' means the present 
        discounted value of the revenue from the projected sale of 
        electricity from a generating unit in a competitive market over 
        the life of a unit that employs carbon capture and storage 
        exceeds the present discounted value of the cost of the unit, 
        including costs associated with any energy required to capture, 
        compress, transport, and store carbon dioxide.
            (2) The terms ``existing source'' and ``new source'' have 
        the meanings given such term in section 111(a) of the Clean Air 
        Act (42 U.S.C. 7411(a)).
            (3) The term ``technologically feasible'' refers to the 
        demonstrated operation of carbon capture and storage 
        technologies integrated with power production at an appropriate 
        scale to ensure safe and reliable production of electricity 
        with capture and storage on a widespread geographic basis.
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