I 

113TH CONGRESS 

2D SESSION H. R. 3826 

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 HOUSE OF REPRESENTATIVES 

JANUARY 9, 2014 

Mr. WHITFIELD (for himself, Mr. ADERHOLT, Mr. BARR, Mr. BARLETTA, Mr. 

BARROW of Georgia, Mr. BARTON, Mr. BILIRAKIS, Mr. BROOKS of Alabama, Mrs. CAPITO, Mr. CASSIDY, Mr. CONAWAY, Mr. COTTON, Mr. 

CRAMER, Mr. CRAWFORD, Mr. DAINES, Mr. RODNEY DAVIS of Illinois, 

Mrs. ELLMERS, Mr. ENYART, Mr. GARDNER, Mr. GRIFFIN of Arkansas, 

Mr. GRIFFITH of Virginia, Mr. GUTHRIE, Mr. HALL, Mr. HARRIS, Mrs. 

HARTZLER, Ms. JENKINS, Mr. JOHNSON of Ohio, Mr. LAMBORN, Mr. 

LATTA, Mr. LONG, Mrs. LUMMIS, Mr. MATHESON, Mr. MCKINLEY, Mr. 

MURPHY of Pennsylvania, Mr. OLSON, Mr. PETERSON, Mr. PITTS, Mr. 

POMPEO, Mr. RAHALL, Mr. ROE of Tennessee, Mr. ROGERS of Kentucky, 

Mr. ROKITA, Mr. ROSS, Mr. ROTHFUS, Mr. SCALISE, Mr. SENSENBRENNER, Ms. SEWELL of Alabama, Mr. SHIMKUS, Mr. SMITH of Nebraska, Mr. SMITH of Missouri, Mr. STIVERS, Mr. TERRY, Mr. THOMPSON of Pennsylvania, Mr. TIBERI, Mrs. WAGNER, Mrs. WALORSKI, Mr. 

WESTMORELAND, Mr. WOMACK, Mr. YOUNG of Alaska, and Mr. YOUNG

of Indiana) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electricity Security 

5 and Affordability Act’’. 

6 SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL 

7 FUEL-FIRED ELECTRIC UTILITY GENERATING 

8 UNITS. 

9 (a) LIMITATION.—The Administrator of the Environ10 mental Protection Agency may not issue, implement, or 

11 enforce any proposed or final rule under section 111 of 

12 the Clean Air Act (42 U.S.C. 7411) that establishes a 

13 standard of performance for emissions of any greenhouse 

14 gas from any new source that is a fossil fuel-fired electric 

15 utility generating unit unless such rule meets the require16 ments under subsections (b) and (c). 

17 (b) REQUIREMENTS.—In issuing any rule under sec18 tion 111 of the Clean Air Act (42 U.S.C. 7411) estab19 lishing standards of performance for emissions of any 

20 greenhouse gas from new sources that are fossil fuel-fired 

21 electric utility generating units, the Administrator of the 

22 Environmental Protection Agency (for purposes of estab23 lishing such standards)— 

24 (1) shall separate sources fueled with coal and 

25 natural gas into separate categories; and 


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1 (2) shall not set a standard based on the best 

2 system of emission reduction for new sources within 

3 the coal category unless— 

4 (A) such standard has been achieved on 

5 average for at least one continuous 12-month 

6 period (excluding planned outages) by each of 

7 at least 6 units within such category— 

8 (i) each of which is located at a dif9 ferent electric generating station in the 

10 United States; 

11 (ii) which, collectively, are representa12 tive of the operating characteristics of elec13 tric generation at different locations in the 

14 United States; and 

15 (iii) each of which is operated for the 

16 entire 12-month period on a full commer17 cial basis; and 

18 (B) no results obtained from any dem19 onstration project are used in setting such 

20 standard. 

21 (c) COAL HAVING A HEAT CONTENT OF 8300 OR

22 LESS BRITISH THERMAL UNITS PER POUND.— 

23 (1) SEPARATE SUBCATEGORY.—In carrying out 

24 subsection (b)(1), the Administrator of the Environ25 mental Protection Agency shall establish a separate 


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1 subcategory for new sources that are fossil fuel-fired 

2 electric utility generating units using coal with an 

3 average heat content of 8300 or less British Ther4 mal Units per pound. 

5 (2) STANDARD.—Notwithstanding subsection 

6 (b)(2), in issuing any rule under section 111 of the 

7 Clean Air Act (42 U.S.C. 7411) establishing stand8 ards of performance for emissions of any greenhouse 

9 gas from new sources in such subcategory, the Ad10 ministrator of the Environmental Protection Agency 

11 shall not set a standard based on the best system of 

12 emission reduction unless— 

13 (A) such standard has been achieved on 

14 average for at least one continuous 12-month 

15 period (excluding planned outages) by each of 

16 at least 3 units within such subcategory— 

17 (i) each of which is located at a dif18 ferent electric generating station in the 

19 United States; 

20 (ii) which, collectively, are representa21 tive of the operating characteristics of elec22 tric generation at different locations in the 

23 United States; and 


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1 (iii) each of which is operated for the 

2 entire 12-month period on a full commer3 cial basis; and 

4 (B) no results obtained from any dem5 onstration project are used in setting such 

6 standard. 

7 SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STAND8 ARDS OF PERFORMANCE FOR EXISTING, 

9 MODIFIED, AND RECONSTRUCTED FOSSIL 

10 FUEL-FIRED ELECTRIC UTILITY GENERATING 

11 UNITS. 

12 (a) APPLICABILITY.—This section applies with re13 spect to any rule or guidelines issued by the Administrator 

14 of the Environmental Protection Agency under section 

15 111 of the Clean Air Act (42 U.S.C. 7411) that— 

16 (1) establish any standard of performance for 

17 emissions of any greenhouse gas from any modified 

18 or reconstructed source that is a fossil fuel-fired 

19 electric utility generating unit; or 

20 (2) apply to the emissions of any greenhouse 

21 gas from an existing source that is a fossil fuel-fired 

22 electric utility generating unit. 

23 (b) CONGRESS TO SET EFFECTIVE DATE.—A rule 

24 or guidelines described in subsection (a) shall not take efVerDate Mar 15 2010 04:39 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3826.IH H3826

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1 fect unless a Federal law is enacted specifying such rule’s 

2 or guidelines’ effective date. 

3 (c) REPORTING.—A rule or guidelines described in 

4 subsection (a) shall not take effect unless the Adminis5 trator of the Environmental Protection Agency has sub6 mitted to Congress a report containing each of the fol7 lowing: 

8 (1) The text of such rule or guidelines. 

9 (2) The economic impacts of such rule or guide10 lines, including the potential effects on— 

11 (A) economic growth, competitiveness, and 

12 jobs in the United States; and 

13 (B) electricity ratepayers, including low-in14 come ratepayers in affected States. 

15 (3) The amount of greenhouse gas emissions 

16 that such rule or guidelines are projected to reduce 

17 as compared to overall global greenhouse gas emis18 sions. 

19 SEC. 4. REPEAL OF EARLIER RULES AND GUIDELINES. 

20 The following rules and guidelines shall be of no force 

21 or effect, and shall be treated as though such rules and 

22 guidelines had never been issued: 

23 (1) The proposed rule— 

24 (A) entitled ‘‘Standards of Performance 

25 for Greenhouse Gas Emissions for New StaVerDate Mar 15 2010 04:39 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3826.IH H3826

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1 tionary Sources: Electric Utility Generating 

2 Units’’, published at 77 Fed. Reg. 22392 (April 

3 13, 2012); and 

4 (B) withdrawn pursuant to the notice enti5 tled ‘‘Withdrawal of Proposed Standards of 

6 Performance for Greenhouse Gas Emissions for 

7 New Stationary Sources: Electric Utility Gener8 ating Units’’, signed by the Administrator of 

9 the Environmental Protection Agency on Sep10 tember 20, 2013, and identified by docket ID 

11 number EPA–HQ–OAR–2011–0660. 

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

13 Performance for Greenhouse Gas Emissions from 

14 New Stationary Sources: Electric Utility Generating 

15 Units’’, signed by the Administrator of the Environ16 mental Protection Agency on September 20, 2013, 

17 and identified by docket ID number EPA–HQ– 

18 OAR–2013–0495. 

19 (3) With respect to the proposed rule described 

20 in paragraph (1), any successor or substantially 

21 similar proposed or final rule that— 

22 (A) is issued prior to the date of the enact23 ment of this Act; 


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1 (B) is applicable to any new source that is 

2 a fossil fuel-fired electric utility generating unit; 

3 and 

4 (C) does not meet the requirements under 

5 subsections (b) and (c) of section 2. 

6 (4) Any proposed or final rule or guidelines 

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

8 7411) that— 

9 (A) are issued prior to the date of the en10 actment of this Act; and 

11 (B) establish any standard of performance 

12 for emissions of any greenhouse gas from any 

13 modified or reconstructed source that is a fossil 

14 fuel-fired electric utility generating unit or 

15 apply to the emissions of any greenhouse gas 

16 from an existing source that is a fossil fuel-fired 

17 electric utility generating unit. 

18 SEC. 5. DEFINITIONS. 

19 In this Act: 

20 (1) DEMONSTRATION PROJECT.—The term 

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

22 demonstrate the feasibility of carbon capture and 

23 storage technologies that has received government 

24 funding or financial assistance. 


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1 (2) EXISTING SOURCE.—The term ‘‘existing 

2 source’’ has the meaning given such term in section 

3 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), 

4 except such term shall not include any modified 

5 source. 

6 (3) GREENHOUSE GAS.—The term ‘‘greenhouse 

7 gas’’ means any of the following: 

8 (A) Carbon dioxide. 

9 (B) Methane. 

10 (C) Nitrous oxide. 

11 (D) Sulfur hexafluoride. 

12 (E) Hydrofluorocarbons. 

13 (F) Perfluorocarbons. 

14 (4) MODIFICATION.—The term ‘‘modification’’ 

15 has the meaning given such term in section 111(a) 

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

17 (5) MODIFIED SOURCE.—The term ‘‘modified 

18 source’’ means any stationary source, the modifica19 tion of which is commenced after the date of the en20 actment of this Act. 

21 (6) NEW SOURCE.—The term ‘‘new source’’ has 

22 the meaning given such term in section 111(a) of 

23 the Clean Air Act (42 U.S.C. 7411(a)), except that 

24 such term shall not include any modified source. 

Æ 


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