II 
Calendar No. 374 
113TH CONGRESS 
2D SESSION 
H. R. 3826 
IN THE SENATE OF THE UNITED STATES 
MARCH 10, 2014 
Received 
MAY 7, 2014 
Read the first time 
MAY 8, 2014 
Read the second time and placed on the calendar 
AN ACT 
To provide direction to the Administrator of the Environ-
mental 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electricity Security 
and Affordability Act’’. 
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SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL 
FUEL-FIRED ELECTRIC UTILITY GENERATING 
UNITS. 
(a) LIMITATION.—The Administrator of the Environ-
mental Protection Agency may not issue, implement, or 
enforce any proposed or final rule under section 111 of 
the Clean Air Act (42 U.S.C. 7411) that establishes a 
standard of performance for emissions of any greenhouse 
gas from any new source that is a fossil fuel-fired electric 
utility generating unit unless such rule meets the require-
ments under subsections (b) and (c). 
(b) REQUIREMENTS.—In issuing any rule under sec-
tion 111 of the Clean Air Act (42 U.S.C. 7411) estab-
lishing standards of performance for emissions of any 
greenhouse gas from new sources that are fossil fuel-fired 
electric utility generating units, the Administrator of the 
Environmental Protection Agency (for purposes of estab-
lishing such standards)— 
(1) shall separate sources fueled with coal and 
natural gas into separate categories; and 
(2) shall not set a standard based on the best 
system of emission reduction for new sources within 
a fossil-fuel category unless— 
(A) such standard has been achieved on 
average for at least one continuous 12-month 
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period (excluding planned outages) by each of 
at least 6 units within such category— 
(i) each of which is located at a dif-
ferent electric generating station in the 
United States; 
(ii) which, collectively, are representa-
tive of the operating characteristics of elec-
tric generation at different locations in the 
United States; and 
(iii) each of which is operated for the 
entire 12-month period on a full commer-
cial basis; and 
(B) no results obtained from any dem-
onstration project are used in setting such 
standard. 
(c) COAL HAVING A HEAT CONTENT OF 8300 OR 
LESS BRITISH THERMAL UNITS PER POUND.— 
(1) SEPARATE SUBCATEGORY.—In carrying out 
subsection (b)(1), the Administrator of the Environ-
mental Protection Agency shall establish a separate 
subcategory for new sources that are fossil fuel-fired 
electric utility generating units using coal with an 
average heat content of 8300 or less British Ther-
mal Units per pound. 
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(2) STANDARD.—Notwithstanding subsection 
(b)(2), in issuing any rule under section 111 of the 
Clean Air Act (42 U.S.C. 7411) establishing stand-
ards of performance for emissions of any greenhouse 
gas from new sources in such subcategory, the Ad-
ministrator of the Environmental Protection Agency 
shall not set a standard based on the best system of 
emission reduction unless— 
(A) such standard has been achieved on 
average for at least one continuous 12-month 
period (excluding planned outages) by each of 
at least 3 units within such subcategory— 
(i) each of which is located at a dif-
ferent electric generating station in the 
United States; 
(ii) which, collectively, are representa-
tive of the operating characteristics of elec-
tric generation at different locations in the 
United States; and 
(iii) each of which is operated for the 
entire 12-month period on a full commer-
cial basis; and 
(B) no results obtained from any dem-
onstration project are used in setting such 
standard. 
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(d) TECHNOLOGIES.—Nothing in this section shall be 
construed to preclude the issuance, implementation, or en-
forcement of a standard of performance that— 
(1) is based on the use of one or more tech-
nologies that are developed in a foreign country, but 
has been demonstrated to be achievable at fossil 
fuel-fired electric utility generating units in the 
United States; and 
(2) meets the requirements of subsection (b) 
and (c), as applicable. 
SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STAND-
ARDS 
OF 
PERFORMANCE 
FOR 
EXISTING, 
MODIFIED, AND RECONSTRUCTED FOSSIL 
FUEL-FIRED ELECTRIC UTILITY GENERATING 
UNITS. 
(a) APPLICABILITY.—This section applies with re-
spect to any rule or guidelines issued by the Administrator 
of the Environmental Protection Agency under section 
111 of the Clean Air Act (42 U.S.C. 7411) that— 
(1) establish any standard of performance for 
emissions of any greenhouse gas from any modified 
or reconstructed source that is a fossil fuel-fired 
electric utility generating unit; or 
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(2) apply to the emissions of any greenhouse 
gas from an existing source that is a fossil fuel-fired 
electric utility generating unit. 
(b) CONGRESS TO SET EFFECTIVE DATE.—A rule 
or guidelines described in subsection (a) shall not take ef-
fect unless a Federal law is enacted specifying such rule’s 
or guidelines’ effective date. 
(c) REPORTING.—A rule or guidelines described in 
subsection (a) shall not take effect unless the Adminis-
trator of the Environmental Protection Agency has sub-
mitted to Congress a report containing each of the fol-
lowing: 
(1) The text of such rule or guidelines. 
(2) The economic impacts of such rule or guide-
lines, including the potential effects on— 
(A) economic growth, competitiveness, and 
jobs in the United States; 
(B) electricity ratepayers, including low-in-
come ratepayers in affected States; 
(C) required capital investments and pro-
jected costs for operation and maintenance of 
new equipment required to be installed; and 
(D) the global economic competitiveness of 
the United States. 
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(3) The amount of greenhouse gas emissions 
that such rule or guidelines are projected to reduce 
as compared to overall global greenhouse gas emis-
sions. 
(d) CONSULTATION.—In carrying out subsection (c), 
the Administrator of the Environmental Protection Agen-
cy shall consult with the Administrator of the Energy In-
formation Administration, the Comptroller General of the 
United States, the Director of the National Energy Tech-
nology Laboratory, and the Under Secretary of Commerce 
for Standards and Technology. 
SEC. 4. REPEAL OF EARLIER RULES AND GUIDELINES. 
The following rules and guidelines shall be of no force 
or effect, and shall be treated as though such rules and 
guidelines had never been issued: 
(1) The proposed rule— 
(A) entitled ‘‘Standards of Performance 
for Greenhouse Gas Emissions for New Sta-
tionary Sources: Electric Utility Generating 
Units’’, published at 77 Fed. Reg. 22392 (April 
13, 2012); and 
(B) withdrawn pursuant to the notice enti-
tled ‘‘Withdrawal of Proposed Standards of 
Performance for Greenhouse Gas Emissions for 
New Stationary Sources: Electric Utility Gener-
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ating Units’’, signed by the Administrator of 
the Environmental Protection Agency on Sep-
tember 20, 2013, and identified by docket ID 
number EPA–HQ–OAR–2011–0660. 
(2) The proposed rule entitled ‘‘Standards of 
Performance for Greenhouse Gas Emissions from 
New Stationary Sources: Electric Utility Generating 
Units’’, signed by the Administrator of the Environ-
mental Protection Agency on September 20, 2013, 
and identified by docket ID number EPA–HQ– 
OAR–2013–0495. 
(3) With respect to the proposed rule described 
in paragraph (1), any successor or substantially 
similar proposed or final rule that— 
(A) is issued prior to the date of the enact-
ment of this Act; 
(B) is applicable to any new source that is 
a fossil fuel-fired electric utility generating unit; 
and 
(C) does not meet the requirements under 
subsections (b) and (c) of section 2. 
(4) Any proposed or final rule or guidelines 
under section 111 of the Clean Air Act (42 U.S.C. 
7411) that— 
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(A) are issued prior to the date of the en-
actment of this Act; and 
(B) establish any standard of performance 
for emissions of any greenhouse gas from any 
modified or reconstructed source that is a fossil 
fuel-fired electric utility generating unit or 
apply to the emissions of any greenhouse gas 
from an existing source that is a fossil fuel-fired 
electric utility generating unit. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) DEMONSTRATION
PROJECT.—The term 
‘‘demonstration project’’ means a project to test or 
demonstrate the feasibility of carbon capture and 
storage technologies that has received Federal Gov-
ernment funding or financial assistance. 
(2) EXISTING
SOURCE.—The term ‘‘existing 
source’’ has the meaning given such term in section 
111(a) of the Clean Air Act (42 U.S.C. 7411(a)), 
except such term shall not include any modified 
source. 
(3) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ means any of the following: 
(A) Carbon dioxide. 
(B) Methane. 
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(C) Nitrous oxide. 
(D) Sulfur hexafluoride. 
(E) Hydrofluorocarbons. 
(F) Perfluorocarbons. 
(4) MODIFICATION.—The term ‘‘modification’’ 
has the meaning given such term in section 111(a) 
of the Clean Air Act (42 U.S.C. 7411(a)). 
(5) MODIFIED SOURCE.—The term ‘‘modified 
source’’ means any stationary source, the modifica-
tion of which is commenced after the date of the en-
actment of this Act. 
(6) NEW SOURCE.—The term ‘‘new source’’ has 
the meaning given such term in section 111(a) of 
the Clean Air Act (42 U.S.C. 7411(a)), except that 
such term shall not include any modified source. 
Passed the House of Representatives March 6, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 374 
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 util-
ity generating units, and for other purposes. 
MAY 8, 2014 
Read the second time and placed on the calendar 
VerDate Mar 15 2010 
01:28 May 09, 2014
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