[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3826 Reported in House (RH)]
Union Calendar No. 271
113th CONGRESS
2d Session
H. R. 3826
[Report No. 113-365]
To provide direction to the Administrator of the Environmental
Protection Agency regarding the establishment of standards for
emissions of any greenhouse gas from fossil fuel-fired electric utility
generating units, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2014
Mr. Whitfield (for himself, Mr. Aderholt, Mr. Barr, Mr. Barletta, Mr.
Barrow of Georgia, Mr. Barton, Mr. Bilirakis, Mr. Brooks of Alabama,
Mrs. Capito, Mr. Cassidy, Mr. Conaway, Mr. Cotton, Mr. Cramer, Mr.
Crawford, Mr. Daines, Mr. Rodney Davis of Illinois, Mrs. Ellmers, Mr.
Enyart, Mr. Gardner, Mr. Griffin of Arkansas, Mr. Griffith of Virginia,
Mr. Guthrie, Mr. Hall, Mr. Harris, Mrs. Hartzler, Ms. Jenkins, Mr.
Johnson of Ohio, Mr. Lamborn, Mr. Latta, Mr. Long, Mrs. Lummis, Mr.
Matheson, Mr. McKinley, Mr. Murphy of Pennsylvania, Mr. Olson, Mr.
Peterson, Mr. Pitts, Mr. Pompeo, Mr. Rahall, Mr. Roe of Tennessee, Mr.
Rogers of Kentucky, Mr. Rokita, Mr. Ross, Mr. Rothfus, Mr. Scalise, Mr.
Sensenbrenner, Ms. Sewell of Alabama, Mr. Shimkus, Mr. Smith of
Nebraska, Mr. Smith of Missouri, Mr. Stivers, Mr. Terry, Mr. Thompson
of Pennsylvania, Mr. Tiberi, Mrs. Wagner, Mrs. Walorski, Mr.
Westmoreland, Mr. Womack, Mr. Young of Alaska, and Mr. Young of
Indiana) introduced the following bill; which was referred to the
Committee on Energy and Commerce
February 28, 2014
Additional sponsors: Mrs. Brooks of Indiana, Mr. Kinzinger of Illinois,
Mr. Sessions, Mr. Brady of Texas, Mr. Kingston, Mr. Stutzman, Mr.
Massie, Mr. King of Iowa, Mr. Southerland, Mr. Schock, Mr. Harper, Mr.
Graves of Missouri, Mr. Bachus, Mr. Rogers of Alabama, Mr. Gosar, Mr.
Goodlatte, Mr. McIntyre, Mr. Pearce, Mr. Bucshon, Mr. Mullin, Mr.
Messer, Mrs. Noem, Mr. Flores, Ms. Foxx, Mr. Sam Johnson of Texas, Mr.
Luetkemeyer, Mr. Kline, Mr. Renacci, Mr. Smith of Texas, Mr. Gibbs, Mr.
Bishop of Utah, Mr. Kelly of Pennsylvania, Mr. Shuster, Mr. Byrne, and
Mrs. Roby
February 28, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To provide direction to the Administrator of the Environmental
Protection Agency regarding the establishment of standards for
emissions of any greenhouse gas from fossil fuel-fired electric utility
generating units, 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. SHORT TITLE.
This Act may be cited as the ``Electricity Security and
Affordability Act''.
SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC
UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator of the Environmental Protection
Agency may not issue, implement, or enforce any proposed or final rule
under section 111 of the Clean Air Act (42 U.S.C. 7411) that
establishes a standard of performance for emissions of any greenhouse
gas from any new source that is a fossil fuel-fired electric utility
generating unit unless such rule meets the requirements under
subsections (b) and (c).
(b) Requirements.--In issuing any rule under section 111 of the
Clean Air Act (42 U.S.C. 7411) establishing standards of performance
for emissions of any greenhouse gas from new sources that are fossil
fuel-fired electric utility generating units, the Administrator of the
Environmental Protection Agency (for purposes of establishing such
standards)--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not set a standard based on the best system of
emission reduction for new sources within the coal category
unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 6 units within
such category--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
(c) Coal Having a Heat Content of 8300 or Less British Thermal
Units Per Pound.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator of the Environmental Protection
Agency shall establish a separate subcategory for new sources
that are fossil fuel-fired electric utility generating units
using coal with an average heat content of 8300 or less British
Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule under section 111 of the Clean Air Act (42
U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new sources in such
subcategory, the Administrator of the Environmental Protection
Agency shall not set a standard based on the best system of
emission reduction unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 3 units within
such subcategory--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE FOR
EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-FIRED
ELECTRIC UTILITY GENERATING UNITS.
(a) Applicability.--This section applies with respect to any rule
or guidelines issued by the Administrator of the Environmental
Protection Agency under section 111 of the Clean Air Act (42 U.S.C.
7411) that--
(1) establish any standard of performance for emissions of
any greenhouse gas from any modified or reconstructed source
that is a fossil fuel-fired electric utility generating unit;
or
(2) apply to the emissions of any greenhouse gas from an
existing source that is a fossil fuel-fired electric utility
generating unit.
(b) Congress To Set Effective Date.--A rule or guidelines described
in subsection (a) shall not take effect unless a Federal law is enacted
specifying such rule's or guidelines' effective date.
(c) Reporting.--A rule or guidelines described in subsection (a)
shall not take effect unless the Administrator of the Environmental
Protection Agency has submitted to Congress a report containing each of
the following:
(1) The text of such rule or guidelines.
(2) The economic impacts of such rule or guidelines,
including the potential effects on--
(A) economic growth, competitiveness, and jobs in
the United States; and
(B) electricity ratepayers, including low-income
ratepayers in affected States.
(3) The amount of greenhouse gas emissions that such rule
or guidelines are projected to reduce as compared to overall
global greenhouse gas emissions.
SEC. 4. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules and guidelines shall be of no force or effect,
and shall be treated as though such rules and guidelines had never been
issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'', published at 77
Fed. Reg. 22392 (April 13, 2012); and
(B) withdrawn pursuant to the notice entitled
``Withdrawal of Proposed Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'', signed by the
Administrator of the Environmental Protection Agency on
September 20, 2013, and identified by docket ID number
EPA-HQ-OAR-2011-0660.
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions from New Stationary Sources:
Electric Utility Generating Units'', signed by the
Administrator of the Environmental Protection Agency on
September 20, 2013, and identified by docket ID number EPA-HQ-
OAR-2013-0495.
(3) With respect to the proposed rule described in
paragraph (1), any successor or substantially similar proposed
or final rule that--
(A) is issued prior to the date of the enactment of
this Act;
(B) is applicable to any new source that is a
fossil fuel-fired electric utility generating unit; and
(C) does not meet the requirements under
subsections (b) and (c) of section 2.
(4) Any proposed or final rule or guidelines under section
111 of the Clean Air Act (42 U.S.C. 7411) that--
(A) are issued prior to the date of the enactment
of this Act; and
(B) establish any standard of performance for
emissions of any greenhouse gas from any modified or
reconstructed source that is a fossil fuel-fired
electric utility generating unit or apply to the
emissions of any greenhouse gas from an existing source
that is a fossil fuel-fired electric utility generating
unit.
SEC. 5. DEFINITIONS.
In this Act:
(1) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of carbon capture and storage technologies that has
received government funding or financial assistance.
(2) Existing source.--The term ``existing source'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)), except such term shall not include any
modified source.
(3) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(4) Modification.--The term ``modification'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(5) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of the enactment of this Act.
(6) New source.--The term ``new source'' has the meaning
given such term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)), except that such term shall not include any
modified source.
Union Calendar No. 271
113th CONGRESS
2d Session
H. R. 3826
[Report No. 113-365]
_______________________________________________________________________
A BILL
To provide direction to the Administrator of the Environmental
Protection Agency regarding the establishment of standards for
emissions of any greenhouse gas from fossil fuel-fired electric utility
generating units, and for other purposes.
_______________________________________________________________________
February 28, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed