[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1905 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1905

    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 SENATE OF THE UNITED STATES

                            January 9, 2014

Mr. Manchin (for himself and Mr. Hoeven) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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. CONGRESSIONAL APPROVAL REQUIRED 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) Congressional Approval.--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.
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