I

107TH CONGRESS

1ST SESSION H. R. 979

To authorize the President and the Governor of a State to suspend certain

environmental and siting requirements applicable to fossil fuel fired electric power plants to alleviate an electric power shortage that may present

a threat to public health and safety, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 2001

Mr. HUNTER introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on

Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the President and the Governor of a State

to suspend certain environmental and siting requirements

applicable to fossil fuel fired electric power plants to

alleviate an electric power shortage that may present

a threat to public health and safety, and for other purposes.

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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1 SECTION 1. SUSPENSION OF CERTAIN REQUIREMENTS FOR

2 FOSSIL FUEL FIRED ELECTRIC POWER

3 PLANTS.

4 (a) ELECTRIC GENERATION SHORTAGE.—Whenever

5 the President—

6 (1) determines that an emergency shortage of

7 electric generation capacity exists in any State, or

8 (2) receives from the Governor of any State a

9 declaration of an emergency issued by such Governor

10 respecting such a shortage,

11 if the President or Governor has determined that such

12 shortage has resulted, or may result, in an emergency that

13 presents a threat to public health and safety or the econ14 omy of such State, the President may take action under

15 subsection (b).

16 (b) SUSPENSION OF REQUIREMENTS.—Upon a deter17 mination referred to in subsection (a), the President may

18 suspend, or authorize the Governor to suspend either of

19 both of the following:

20 (1) Any requirements of an applicable imple21 mentation plan in effect in the State under the

22 Clean Air Act if such requirements limit the dura23 tion or amount of electric power generation for any

24 fossil fuel fired electric generating facility.

25 (2) Any requirements affecting the siting of any

26 new fossil fuel fired electric generating facility under
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1 the National Environmental Policy Act, the Endan2 gered Species Act, the Clean Water Act, or any Fed3 eral, State or local governing the siting of new facili4 ties.

5 A suspension under this subsection shall remain in effect

6 for such period as the President deems necessary to pro7 tect public health and safety in the State in which such

8 emergency exists.

9 (c) EFFECT ON OTHER REQUIREMENTS.—Notwith10 standing emissions of any air pollutant from any facility

11 or facilities covered by a suspension under subsection

12 (a)(1) that are causing or contributing to concentrations

13 of such air pollutant in the State in excess of the applica14 ble national ambient air quality standard, the Adminis15 trator of the Environmental Protection Agency shall not

16 disapprove the State implementation plan under the Clean

17 Air Act, or promulgate a plan or plan provisions under

18 section 110(c) of that Act, for that State if the applicable

19 implementation plan under such Act for that State would

20 not have been disapproved, and no such plan or plan provi21 sions would have been promulgated by the Administrator,

22 in the absence of the suspension under subsection (a).

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