[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Page S363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3074. Mr. BLUNT (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE __--WITHDRAWAL OF CLEAN POWER PLAN

     SEC. __01. FINDINGS.

       Congress finds that--
       (1) on October 23, 2015, the Administrator of the 
     Environmental Protection Agency (referred to in this title as 
     the ``Administrator'') published in the Federal Register 
     rules that are inextricably linked and collectively known as 
     the ``Clean Power Plan'', including--
       (A) the final rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (80 Fed. Reg. 64662 (October 23, 2015));
       (B) the final rule entitled ``Standards of Performance for 
     Greenhouse Gas Emissions from New, Modified, and 
     Reconstructed Stationary Sources: Electric Utility Generating 
     Units'' (80 Fed. Reg. 64510 (October 23, 2015)); and
       (C) the proposed rule entitled ``Federal Plan Requirements 
     for Greenhouse Gas Emissions from Electric Utility Generating 
     Units Constructed on or Before January 8, 2014; Model Trading 
     Rules; Amendments to Framework Regulations'' (80 Fed. Reg. 
     64966 (October 23, 2015)); and
       (2) the final rules described in subparagraphs (A) and (B) 
     of paragraph (1)--
       (A) materially depart from the proposed versions of those 
     final rules and are not logical outgrowths of the proposed 
     versions; and
       (B) are legally deficient because the Administrator did not 
     allow for adequate notice and opportunity for comment on the 
     proposed rules that preceded those final rules.

     SEC. __02. WITHDRAWAL OF CLEAN POWER PLAN.

       The Administrator shall--
       (1) withdraw each of the rules described in section 
     __01(1); and
       (2) reissue any of those rules only as a new proposed rule 
     with a new notice and comment period.
                                 ______