II 

114TH CONGRESS 

1ST SESSION S. 1324 

To require the Administrator of the Environmental Protection Agency to 

fulfill certain requirements before regulating standards of performance 

for new, modified, and reconstructed fossil fuel-fired electric utility generating units, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

Mrs. CAPITO (for herself, Mr. MCCONNELL, Mr. INHOFE, Mr. MANCHIN, Mr. 

CORNYN, Mr. THUNE, Mr. BARRASSO, Mr. BLUNT, Mr. ALEXANDER, Mr. 

BOOZMAN, Mr. CASSIDY, Mr. COATS, Mr. COTTON, Mr. CRAPO, Mr. 

CRUZ, Mr. DAINES, Mr. ENZI, Mrs. FISCHER, Mr. HOEVEN, Mr. ISAKSON, Mr. PAUL, Mr. PERDUE, Mr. RISCH, Mr. ROUNDS, Mr. ROBERTS, 

Mr. TILLIS, and Mr. WICKER) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to fulfill certain requirements before regulating standards of performance for new, modified, and 

reconstructed fossil fuel-fired electric utility generating 

units, 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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Affordable Reliable 

3 Electricity Now Act of 2015’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) DEMONSTRATION PROJECT.—The term 

10 ‘‘demonstration project’’ means a project to test or 

11 demonstrate the feasibility of a carbon capture and 

12 storage technology that has Federal Government 

13 funding or financial assistance. 

14 (3) EXISTING SOURCE.—The term ‘‘existing 

15 source’’ has the meaning given the term in section 

16 111(a) of the Clean Air Act (42 U.S.C. 7411(a)). 

17 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

18 gas’’ means any of the following: 

19 (A) Carbon dioxide. 

20 (B) Methane. 

21 (C) Nitrous oxide. 

22 (D) Sulfur hexafluoride. 

23 (E) Hydrofluorocarbons. 

24 (F) Perfluorocarbons. 


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1 (5) MODIFICATION.—The term ‘‘modification’’ 

2 has the meaning given the term in section 111(a) of 

3 the Clean Air Act (42 U.S.C. 7411(a)). 

4 (6) MODIFIED SOURCE.—The term ‘‘modified 

5 source’’ means any stationary source, the modifica6 tion of which is commenced after the date of enact7 ment of this Act. 

8 (7) NEW SOURCE.—The term ‘‘new source’’ has 

9 the meaning given the term in section 111(a) of the 

10 Clean Air Act (42 U.S.C. 7411(a)). 

11 (8) RECONSTRUCTED SOURCE.—The term ‘‘re12 constructed source’’ means any stationary source, 

13 the reconstruction (as defined in section 60.15 of 

14 title 40, Code of Federal Regulations (as in effect on 

15 the date of enactment of this Act)) of which is com16 menced after the date of enactment of this Act. 

17 SEC. 3. STANDARDS OF PERFORMANCE FOR NEW, MODI18 FIED, AND RECONSTRUCTED FOSSIL FUEL19 FIRED ELECTRIC UTILITY GENERATING 

20 UNITS. 

21 (a) LIMITATION.—The Administrator may not issue, 

22 implement, or enforce any proposed or final rule, in whole 

23 or in part, under section 111 of the Clean Air Act (42 

24 U.S.C. 7411) that establishes a standard of performance 

25 for emissions of any greenhouse gas from any new source, 


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1 modified source, or reconstructed source that is a fossil 

2 fuel-fired electric utility generating unit, unless that rule 

3 meets the requirements of subsections (b) and (c). 

4 (b) REQUIREMENTS.—In issuing any rule pursuant 

5 to section 111 of the Clean Air Act (42 U.S.C. 7411) es6 tablishing standards of performance for emissions of any 

7 greenhouse gas from new sources, modified sources, or re8 constructed sources that are fossil fuel-fired electric utility 

9 generating units, the Administrator, for purposes of estab10 lishing those standards— 

11 (1) shall separate sources fueled with coal and 

12 natural gas into separate categories; and 

13 (2) shall not establish a standard based on the 

14 best system of emission reduction for new sources 

15 within a fossil-fuel category unless— 

16 (A) the standard has been achieved, on av17 erage, for at least 1 continuous 12-month pe18 riod (excluding planned outages) by each of at 

19 least 6 units within that category— 

20 (i) each of which is located at a dif21 ferent electric generating station in the 

22 United States; 

23 (ii) that, collectively, are representa24 tive of the operating characteristics of elecVerDate Sep 11 2014 04:53 May 16, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324

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1 tric generation at different locations in the 

2 United States; and 

3 (iii) each of which is operated for the 

4 entire 12-month period on a full commer5 cial basis; and 

6 (B) no results obtained from any dem7 onstration project are used in setting the stand8 ard. 

9 (c) COAL WITH CERTAIN HEAT CONTENT.— 

10 (1) SEPARATE SUBCATEGORY.—In carrying out 

11 subsection (b)(1), the Administrator shall establish a 

12 separate subcategory for new sources, modified 

13 sources, or reconstructed sources that are fossil fuel14 fired electric utility generating units using coal with 

15 an average heat content of 8,300 or less British 

16 Thermal Units per pound. 

17 (2) STANDARD.—Notwithstanding subsection 

18 (b)(2), in issuing any rule pursuant to section 111 

19 of the Clean Air Act (42 U.S.C. 7411) establishing 

20 standards of performance for emissions of any 

21 greenhouse gas from new, modified, or reconstructed 

22 sources in the subcategory referred to in paragraph 

23 (1), the Administrator shall not establish a standard 

24 based on the best system of emission reduction un25 less— 


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1 (A) that standard has been achieved, on 

2 average, for at least 1 continuous 12-month pe3 riod (excluding planned outages) by each of at 

4 least 3 units within that subcategory— 

5 (i) each of which is located at a dif6 ferent electric generating station in the 

7 United States; 

8 (ii) which, collectively, are representa9 tive of the operating characteristics of elec10 tric generation at different locations in the 

11 United States; and 

12 (iii) each of which is operated for the 

13 entire 12-month period on a full commer14 cial basis; and 

15 (B) no results obtained from any dem16 onstration project are used in establishing that 

17 standard. 

18 SEC. 4. STANDARDS OF PERFORMANCE FOR EXISTING FOS19 SIL FUEL-FIRED ELECTRIC UTILITY GENER20 ATING UNITS, COMPLIANCE EXTENSION, AND 

21 RATEPAYER PROTECTION. 

22 (a) LIMITATION.— 

23 (1) IN GENERAL.—The Administrator may not 

24 issue, implement, or enforce any proposed or final 


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1 rule described in paragraph (2), unless that rule 

2 meets the requirements of subsection (b). 

3 (2) DESCRIPTION OF RULE.—A rule referred to 

4 in paragraph (1) is any proposed or final rule to ad5 dress carbon dioxide emissions from existing sources 

6 that are fossil fuel-fired electric utility generating 

7 units under section 111 of the Clean Air Act (42 

8 U.S.C. 7411), including any final rule that suc9 ceeds— 

10 (A) the proposed rule entitled ‘‘Carbon 

11 Pollution Emission Guidelines for Existing Sta12 tionary Sources: Electric Utility Generating 

13 Units’’ (79 Fed. Reg. 34830 (June 18, 2014)); 

14 or 

15 (B) the supplemental proposed rule enti16 tled ‘‘Carbon Pollution Emission Guidelines for 

17 Existing Stationary Sources: EGUs in Indian 

18 Country and U.S. Territories; Multi-Jurisdic19 tional Partnerships’’ (79 Fed. Reg. 65482 (No20 vember 4, 2014)). 

21 (b) REQUIREMENTS.— 

22 (1) IN GENERAL.—Before issuing, imple23 menting, or enforcing any rule described in sub24 section (a)(2), the Administrator shall— 


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1 (A) submit to Congress a report describing 

2 the quantity of greenhouse gas emissions that 

3 the rule is projected to reduce, as compared to 

4 overall domestic and global greenhouse gas 

5 emissions; 

6 (B) conduct modeling regarding the means 

7 by which the source rule in effect on the date 

8 of development of the proposed rule, if applica9 ble, impacts each climate indicator used by the 

10 Administrator in developing the proposed rule; 

11 and 

12 (C) issue State-specific model plans to 

13 demonstrate with specificity the areas in, and 

14 means by which, each State will be required to 

15 reduce the greenhouse gas emissions of the 

16 State under the rule. 

17 (2) EXCLUSION.—A court shall not consider 

18 paragraph (1) in determining whether the Adminis19 trator is authorized to issue any rule described in 

20 subsection (a)(2). 

21 (c) RATEPAYER PROTECTIONS.—No State shall be 

22 required to adopt or submit a State plan, and no State 

23 or entity within a State shall become subject to a Federal 

24 plan, pursuant to any final rule described in subsection 

25 (a), if the Governor of the State makes a determination, 


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1 and notifies the Administrator, that implementation of the 

2 State or Federal plan would have a negative effect on— 

3 (1) economic growth, competitiveness, and jobs 

4 in the State; 

5 (2) the reliability of the electricity system of the 

6 State; or 

7 (3) the electricity ratepayers of the State, in8 cluding low-income ratepayers, by causing electricity 

9 rate increases. 

10 (d) EXTENSION OF COMPLIANCE DATES.— 

11 (1) DEFINITION OF COMPLIANCE DATE.— 

12 (A) IN GENERAL.—In this subsection, the 

13 term ‘‘compliance date’’ means, with respect to 

14 any requirement of a final rule described in 

15 subsection (a)(2), the date by which any State, 

16 local, or tribal government or other person is 

17 first required to comply with the requirement. 

18 (B) INCLUSION.—The term ‘‘compliance 

19 date’’ includes the date by which State plans 

20 are required to be submitted to the Adminis21 trator under any final rule described in sub22 section (a)(2). 

23 (2) EXTENSIONS.—Each compliance date of 

24 any final rule described in subsection (a)(2) is 


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1 deemed to be extended by the time period equal to 

2 the time period described in paragraph (3). 

3 (3) PERIOD DESCRIBED.—The time period de4 scribed in this paragraph is the period of days 

5 that— 

6 (A) begins on the date that is 60 days 

7 after the day on which notice of promulgation 

8 of a final rule described in subsection (a)(2) ap9 pears in the Federal Register; and 

10 (B) ends on the date on which judgement 

11 becomes final, and no longer subject to further 

12 appeal or review, in all actions (including any 

13 action filed pursuant to section 307 of the 

14 Clean Air Act (42 U.S.C. 7607)) that— 

15 (i) are filed during the 60 days de16 scribed in paragraph (A); and 

17 (ii) seek review of any aspect of the 

18 rule. 

19 SEC. 5. LIMITATION ON EFFECT OF NONCOMPLIANCE. 

20 Notwithstanding any other provision of law, non21 compliance by a State with any proposed, modified, or 

22 final rule described in section 3 or 4 applicable to any new, 

23 modified, reconstructed, or existing source shall not con24 stitute a reason for imposing any highway sanction under 


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1 section 179(b)(1) of the Clean Air Act (42 U.S.C. 

2 7509(b)(1)). 

3 SEC. 6. REPEAL OF EARLIER RULES AND GUIDELINES. 

4 The following rules shall be of no force or effect, and 

5 shall be treated as though the rules had never been issued: 

6 (1) The proposed rule— 

7 (A) entitled ‘‘Standards of Performance 

8 for Greenhouse Gas Emissions for New Sta9 tionary Sources: Electric Utility Generating 

10 Units’’ (77 Fed. Reg. 22392 (April 13, 2012)); 

11 and 

12 (B) withdrawn pursuant to the notice enti13 tled ‘‘Withdrawal of Proposed Standards of 

14 Performance for Greenhouse Gas Emissions for 

15 New Stationary Sources: Electric Utility Gener16 ating Units’’ (79 Fed. Reg. 1352 (January 8, 

17 2014)). 

18 (2) The proposed rule entitled ‘‘Standards of 

19 Performance for Greenhouse Gas Emissions from 

20 New Stationary Sources: Electric Utility Generating 

21 Units’’ (79 Fed. Reg. 1430 (January 8, 2014)). 

22 (3) The proposed rule entitled ‘‘Carbon Pollu23 tion Standards for Modified and Reconstructed Sta24 tionary Sources: Electric Utility Generating Units’’ 

25 (79 Fed. Reg. 34960 (June 18, 2014)). 


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1 (4) With respect to the proposed rules described 

2 in paragraphs (1), (2), and (3), any successor or 

3 substantially similar proposed or final rule that— 

4 (A) is issued prior to the date of enact5 ment of this Act; 

6 (B) is applicable to any new, modified, or 

7 reconstructed source that is a fossil fuel-fired 

8 electric utility generating unit; and 

9 (C) does not meet the requirements under 

10 subsections (b) and (c) of section 3. 

11 (5) Any proposed or final rule or guideline 

12 under section 111 of the Clean Air Act (42 U.S.C. 

13 7411) that— 

14 (A) is issued prior to the date of enact15 ment of this Act; and 

16 (B) establishes any standard of perform17 ance for emissions of any greenhouse gas from 

18 any modified source or reconstructed source 

19 that is a fossil fuel-fired electric utility gener20 ating unit or apply to the emissions of any 

21 greenhouse gas from an existing source that is 

22 a fossil fuel-fired electric utility generating unit. 

23 SEC. 7. RESTATEMENT OF EXISTING LAW. 

24 Section 111(d) of the Clean Air Act (42 U.S.C. 

25 7411(d)) is amended— 


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1 (1) by striking ‘‘(d)(1) The Administrator’’ and 

2 inserting the following: 

3 ‘‘(d) STANDARDS OF PERFORMANCE FOR EXISTING

4 SOURCES; REMAINING USEFUL LIFE OF SOURCE.— 

5 ‘‘(1) IN GENERAL.—The Administrator’’; 

6 (2) in paragraph (1)(A)(i), by striking ‘‘section 

7 108(a) or’’ and all that follows through ‘‘but’’ and 

8 insert ‘‘section 108(a) or emitted from a source cat9 egory that is regulated under section 112, but’’; 

10 (3) by striking ‘‘(2) The Administrator’’ and in11 serting the following: 

12 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 

13 The Administrator’’; 

14 (4) in the undesignated matter at the end, by 

15 striking ‘‘In promulgating a standard’’ and inserting 

16 the following: 

17 ‘‘(3) CONSIDERATIONS.—In promulgating a 

18 standard’’; and 

19 (5) by adding at the end the following: 

20 ‘‘(4) PROHIBITION.—The Administrator shall 

21 not regulate as an existing source under this sub22 section any source category regulated under section 

23 112.’’. 

Æ 


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