I 

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 fuelfired 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 2127 IH

1 SECTION 1. NO FINALIZATION OF ANY STANDARD OF PER2 FORMANCE FOR CARBON DIOXIDE EMIS3 SIONS FROM ANY EXISTING OR NEW FOSSIL 

4 FUEL-FIRED ELECTRIC UTILITY GENERATING 

5 UNIT UNLESS CARBON CAPTURE AND STOR6 AGE IS TECHNOLOGICALLY AND ECONOMI7 CALLY FEASIBLE. 

8 (a) IN GENERAL.—The Administrator of the Envi9 ronmental Protection Agency shall not finalize any rule 

10 imposing any standard of performance under section 111 

11 of the Clean Air Act (42 U.S.C. 7411) for emissions of 

12 carbon dioxide from any existing or new source that is 

13 a fossil fuel-fired electric utility generating unit unless and 

14 until— 

15 (1) the Administrator determines in accordance 

16 with such section 111 that carbon capture and stor17 age is the best system of emission reduction which 

18 (taking into account the cost of achieving such re19 duction and any nonair health and environmental 

20 impact and energy requirements) the Administrator 

21 determines has been adequately demonstrated; and 

22 (2) carbon capture and storage is found to be 

23 technologically and economically feasible for fossil 

24 fuel-fired electric utility generating units in a report 

25 that is published in the Federal Register, and subVerDate Mar 15 2010 01:41 May 30, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2127.IH H2127

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1 mitted to the Congress, by at least three of the fol2 lowing four officials: 

3 (A) The Administrator of the Energy In4 formation Administration. 

5 (B) The Comptroller General of the United 

6 States. 

7 (C) The Director of the National Energy 

8 Technology Laboratory. 

9 (D) The Under Secretary of Commerce for 

10 Standards and Technology. 

11 (b) PROHIBITION AGAINST COMBINED SOURCE CAT12 EGORY.—In proposing or finalizing any rule imposing any 

13 standard of performance under section 111 of the Clean 

14 Air Act (42 U.S.C. 7411) for emissions of carbon dioxide 

15 from any existing or new source that is a fossil fuel-fired 

16 electric utility generating unit, the Administrator of the 

17 Environmental Protection Agency shall not combine in the 

18 same category of stationary sources— 

19 (1) electric utility steam generating units sub20 ject to subpart Da of part 60, title 40, Code of Fed21 eral Regulations (as in effect on the date of the en22 actment of this Act); and 

23 (2) combined cycle electric generating units 

24 subject to subpart KKKK of such part (as in effect 

25 on such date). 


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1 (c) DEFINITIONS.—In this section: 

2 (1) The term ‘‘economically feasible’’ means the 

3 present discounted value of the revenue from the 

4 projected sale of electricity from a generating unit in 

5 a competitive market over the life of a unit that em6 ploys carbon capture and storage exceeds the 

7 present discounted value of the cost of the unit, in8 cluding costs associated with any energy required to 

9 capture, compress, transport, and store carbon diox10 ide. 

11 (2) The terms ‘‘existing source’’ and ‘‘new 

12 source’’ have the meanings given such term in sec13 tion 111(a) of the Clean Air Act (42 U.S.C. 

14 7411(a)). 

15 (3) The term ‘‘technologically feasible’’ refers to 

16 the demonstrated operation of carbon capture and 

17 storage technologies integrated with power produc18 tion at an appropriate scale to ensure safe and reli19 able production of electricity with capture and stor20 age on a widespread geographic basis. 

Æ 


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