113TH CONGRESS 

2D SESSION H. R. 3826 

AN ACT 

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. 

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 ‘‘Electricity Security 

3 and Affordability Act’’. 

4 SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL 

5 FUEL-FIRED ELECTRIC UTILITY GENERATING 

6 UNITS. 

7 (a) LIMITATION.—The Administrator of the Environ8 mental Protection Agency may not issue, implement, or 

9 enforce any proposed or final rule under section 111 of 

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

11 standard of performance for emissions of any greenhouse 

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

13 utility generating unit unless such rule meets the require14 ments under subsections (b) and (c). 

15 (b) REQUIREMENTS.—In issuing any rule under sec16 tion 111 of the Clean Air Act (42 U.S.C. 7411) estab17 lishing standards of performance for emissions of any 

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

19 electric utility generating units, the Administrator of the 

20 Environmental Protection Agency (for purposes of estab21 lishing such standards)— 

22 (1) shall separate sources fueled with coal and 

23 natural gas into separate categories; and 

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

25 system of emission reduction for new sources within 

26 a fossil-fuel category unless— 
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1 (A) such standard has been achieved on 

2 average for at least one continuous 12-month 

3 period (excluding planned outages) by each of 

4 at least 6 units within such category— 

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 setting such 

17 standard. 

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

19 LESS BRITISH THERMAL UNITS PER POUND.— 

20 (1) SEPARATE SUBCATEGORY.—In carrying out 

21 subsection (b)(1), the Administrator of the Environ22 mental Protection Agency shall establish a separate 

23 subcategory for new sources that are fossil fuel-fired 

24 electric utility generating units using coal with an 
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1 average heat content of 8300 or less British Ther2 mal Units per pound. 

3 (2) STANDARD.—Notwithstanding subsection 

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

5 Clean Air Act (42 U.S.C. 7411) establishing stand6 ards of performance for emissions of any greenhouse 

7 gas from new sources in such subcategory, the Ad8 ministrator of the Environmental Protection Agency 

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

10 emission reduction unless— 

11 (A) such standard has been achieved on 

12 average for at least one continuous 12-month 

13 period (excluding planned outages) by each of 

14 at least 3 units within such subcategory— 

15 (i) each of which is located at a dif16 ferent electric generating station in the 

17 United States; 

18 (ii) which, collectively, are representa19 tive of the operating characteristics of elec20 tric generation at different locations in the 

21 United States; and 

22 (iii) each of which is operated for the 

23 entire 12-month period on a full commer24 cial basis; and 
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1 (B) no results obtained from any dem2 onstration project are used in setting such 

3 standard. 

4 (d) TECHNOLOGIES.—Nothing in this section shall be 

5 construed to preclude the issuance, implementation, or en6 forcement of a standard of performance that— 

7 (1) is based on the use of one or more tech8 nologies that are developed in a foreign country, but 

9 has been demonstrated to be achievable at fossil 

10 fuel-fired electric utility generating units in the 

11 United States; and 

12 (2) meets the requirements of subsection (b) 

13 and (c), as applicable. 

14 SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STAND15 ARDS OF PERFORMANCE FOR EXISTING, 

16 MODIFIED, AND RECONSTRUCTED FOSSIL 

17 FUEL-FIRED ELECTRIC UTILITY GENERATING 

18 UNITS. 

19 (a) APPLICABILITY.—This section applies with re20 spect to any rule or guidelines issued by the Administrator 

21 of the Environmental Protection Agency under section 

22 111 of the Clean Air Act (42 U.S.C. 7411) that— 

23 (1) establish any standard of performance for 

24 emissions of any greenhouse gas from any modified 
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1 or reconstructed source that is a fossil fuel-fired 

2 electric utility generating unit; or 

3 (2) apply to the emissions of any greenhouse 

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

5 electric utility generating unit. 

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

7 or guidelines described in subsection (a) shall not take ef8 fect unless a Federal law is enacted specifying such rule’s 

9 or guidelines’ effective date. 

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

11 subsection (a) shall not take effect unless the Adminis12 trator of the Environmental Protection Agency has sub13 mitted to Congress a report containing each of the fol14 lowing: 

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

16 (2) The economic impacts of such rule or guide17 lines, including the potential effects on— 

18 (A) economic growth, competitiveness, and 

19 jobs in the United States; 

20 (B) electricity ratepayers, including low-in21 come ratepayers in affected States; 

22 (C) required capital investments and pro23 jected costs for operation and maintenance of 

24 new equipment required to be installed; and 
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1 (D) the global economic competitiveness of 

2 the United States. 

3 (3) The amount of greenhouse gas emissions 

4 that such rule or guidelines are projected to reduce 

5 as compared to overall global greenhouse gas emis6 sions. 

7 (d) CONSULTATION.—In carrying out subsection (c), 

8 the Administrator of the Environmental Protection Agen9 cy shall consult with the Administrator of the Energy In10 formation Administration, the Comptroller General of the 

11 United States, the Director of the National Energy Tech12 nology Laboratory, and the Under Secretary of Commerce 

13 for Standards and Technology. 

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

15 The following rules and guidelines shall be of no force 

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

17 guidelines had never been issued: 

18 (1) The proposed rule— 

19 (A) entitled ‘‘Standards of Performance 

20 for Greenhouse Gas Emissions for New Sta21 tionary Sources: Electric Utility Generating 

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

23 13, 2012); and 

24 (B) withdrawn pursuant to the notice enti25 tled ‘‘Withdrawal of Proposed Standards of 
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1 Performance for Greenhouse Gas Emissions for 

2 New Stationary Sources: Electric Utility Gener3 ating Units’’, signed by the Administrator of 

4 the Environmental Protection Agency on Sep5 tember 20, 2013, and identified by docket ID 

6 number EPA–HQ–OAR–2011–0660. 

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

8 Performance for Greenhouse Gas Emissions from 

9 New Stationary Sources: Electric Utility Generating 

10 Units’’, signed by the Administrator of the Environ11 mental Protection Agency on September 20, 2013, 

12 and identified by docket ID number EPA–HQ– 

13 OAR–2013–0495. 

14 (3) With respect to the proposed rule described 

15 in paragraph (1), any successor or substantially 

16 similar proposed or final rule that— 

17 (A) is issued prior to the date of the enact18 ment of this Act; 

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

20 a fossil fuel-fired electric utility generating unit; 

21 and 

22 (C) does not meet the requirements under 

23 subsections (b) and (c) of section 2. 
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1 (4) Any proposed or final rule or guidelines 

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

3 7411) that— 

4 (A) are issued prior to the date of the en5 actment of this Act; and 

6 (B) establish any standard of performance 

7 for emissions of any greenhouse gas from any 

8 modified or reconstructed source that is a fossil 

9 fuel-fired electric utility generating unit or 

10 apply to the emissions of any greenhouse gas 

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

12 electric utility generating unit. 

13 SEC. 5. DEFINITIONS. 

14 In this Act: 

15 (1) DEMONSTRATION PROJECT.—The term 

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

17 demonstrate the feasibility of carbon capture and 

18 storage technologies that has received Federal Gov19 ernment funding or financial assistance. 

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

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

22 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), 

23 except such term shall not include any modified 

24 source. 
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1 (3) GREENHOUSE GAS.—The term ‘‘greenhouse 

2 gas’’ means any of the following: 

3 (A) Carbon dioxide. 

4 (B) Methane. 

5 (C) Nitrous oxide. 

6 (D) Sulfur hexafluoride. 

7 (E) Hydrofluorocarbons. 

8 (F) Perfluorocarbons. 

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

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

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

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

13 source’’ means any stationary source, the modifica14 tion of which is commenced after the date of the en15 actment of this Act. 

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

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

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

19 such term shall not include any modified source. 

Passed the House of Representatives March 6, 

2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. R. 3826 

AN ACT 

To provide direction to the Administrator of the 

ity generating units, and for other purposes. greenhouse gas from fossil fuel-fired electric utilestablishment of standards for emissions of any Environmental Protection Agency regarding the