enactment of this Act pursuant to any Federal law) that
would otherwise apply to the operation of the facility con-
cerned, including any dam, powerplant, or other facility
under the administrative jurisdiction of the Administrator
or Commissioner, wherever located.
(d) NO JUDICIAL REVIEW.—A waiver under this sec-
tion shall not be subject to judicial review.
SEC. 303. NOX PRECONSTRUCTION REQUIREMENTS FOR
NEW GENERATION.
During any period (not in excess of 2 years) during
which an electricity emergency is in effect in a State pur-
suant to a declaration by the Governor of the State, if
the Governor submits a request for such action to the Ad-
ministrator of the Environmental Protection Agency, the
Administrator may waive, for not more than a one year
period, for new electric generation units located in that
State, the requirements of section 111 of the Clean Air
Act relating to oxides of nitrogen and the preconstruction
requirements relating to oxides of nitrogen applicable to
such units under applicable implementation plan provi-
sions in effect in that State. At the expiration of such
waiver, such units shall be required to meet all such re-
quirements. Whenever the Administrator receives a Gov-
ernor’s request for a waiver under this section, the Admin-
istrator shall make a determination regarding such re-
quest within 45 days from the date on which such request
is received.
SEC. 304. FEDERAL GENERATION DURING STATE EMER-
GENCIES.
(a) DEFINITION.—For purposes of this section, the
term ‘‘qualified Federal electric generation facility’’ means
any electric generation facility (other than a hydroelectric
power generation facility) owned or operated by a depart-
ment, agency, or instrumentality of the United States and
located in a State in which an electricity emergency has
been declared as provided in this section. Such term in-
cludes backup generators and portable generators.
(b) AUTHORIZATION OF GENERATION.—During any
period (not in excess of 2 years) during which an elec-
tricity emergency is in effect in a State pursuant to a dec-
laration by the Governor of the State, if the Governor sub-
mits a request for such action to the Secretary of Energy,
the Secretary may authorize any department, agency, or
instrumentality of the United States that owns or operates
a qualified Federal electric generation facility, to generate
electric energy for consumption by such department, agen-
cy, or instrumentality or for sales to such State for local
distribution in the State to assist in relieving emergency
electric power shortages if reimbursement is assured by
the recipient of such power or by a State government.
SEC. 305. EMERGENCY GENERATION.
(a) DEFINITION.—The term ‘‘high electricity emer-
gency day’’ means, for any State, a day on which a State
agency determines that rolling electric blackouts are immi-
nent and—
(1) in the case of California, during which a
Stage III Emergency has been declared by the Cali-
fornia Independent System Operator; or
(2) in the case of any other State, a similar
emergency has been declared by an appropriate
State agency in such other State.
(b) EXPEDITED APPROVAL FOR EMERGENCY GEN-
ERATION PROVISIONS.—The Administrator of the Envi-
ronmental Protection Agency shall expedite the consider-
ation and approval of State implementation plan amend-
ments submitted to the Administrator by a State under
the Clean Air Act to provide the emergency generation au-
thority described in subsection (c) or (d) of this section.
Whenever the Administrator receives a proposed plan
amendment under this section, the Administrator shall
make a determination regarding such amendment within
45 days from the date on which such amendment is re-
ceived.
(c) NOX WAIVER AUTHORITY FOR NATURAL GAS-
FIRED GENERATION—Any State in which high electricity
emergency days may occur may submit a State implemen-
tation plan amendment to the Administrator of the Envi-
ronmental Protection Agency under the Clean Air Act pur-
suant to this subsection. Under such amendment, the Gov-
ernor of the State may temporarily waive all emission limi-
tations in effect under such plan, including any limitations
set forth in a permit, regarding emissions of oxides of ni-
trogen from natural gas fired electric power generation fa-
cilities in that State to permit additional generation on
any high electricity emergency day or any portion of such
a day. Such waiver may be issued only during a period
(not in excess of 2 years) during which an electricity emer-
gency is in effect in a State pursuant to a declaration by
the Governor of the State. Such temporary waiver shall
not authorize any emission source to disconnect or cease
using any emission control device used to control emis-
sions of oxides of nitrogen. No such temporary waiver may
remain in effect for a period longer than 6 consecutive
months.
(d) EMERGENCY GENERATION FOR PRIVATE USE.—
Any State in which high electricity emergency days may
occur may submit a State implementation plan amend-
ment to the Administrator of the Environmental Protec-
tion Agency under the Clean Air Act pursuant to this sub-
section. Under such amendment, if the Governor of the
State has declared an electricity emergency in the State,
the Governor may issue an order waiving, during any high
electricity emergency day or portion thereof, any otherwise
applicable requirements of the plan that would have the
effect or prohibiting or limiting the operation by any per-
son or entity or class or category thereof in such State
of any type of electric energy generation, using any type
of fuel available, if such electric energy is consumed only
by the person or entity generating it. Such waiver shall
not authorize any emission source to disconnect or cease
using any emission control device used to control emis-
sions of any air pollutant (within the meaning of the Clean
Air Act). Each such order shall expire 6 months after the
date of issuance.
(e) EFFECT ON AIR QUALITY.—The Administrator of
the Environmental Protection Agency may approve a plan
amendment described in subsection (c) or (d) of this sec-
tion only if the Administrator determines that such
amendment will not increase the net emissions of any air
pollutant in any affected air quality region and that the
amendment otherwise meets the requirements of the Clean
Air Act.
(f) STAY OR INJUNCTIONS PROHIBITED.—No stay or
injunction may be issued by any court under section 304
of the Clean Air Act against the Administrator of a State
regarding the submission or approval of a plan amend-
ment referred to in this section.
SEC. 306. REGIONAL TRANSMISSION ORGANIZATION IN
WESTERN REGION.
(a) IN GENERAL.—After notice and an opportunity
for a hearing, the Federal Energy Regulatory Commission
shall establish a regional transmission organization for the
region covered by the Western Systems Coordinating
Council if 10 or more of the Governors of the 14 States
covered in whole or in part by the Western Systems Co-
ordinating Council sign a petition submitted by one or
more of such Governors requesting the Commission to es-
tablish such organization.
(b) FEDERAL
TRANSMISSION
FACILITIES.—The
Bonneville Power Administration and the Western Area
Power Administration are each authorized and required
to participate in a regional transmission organization es-
tablished under this section. Each other entity (including
municipally owned entities and cooperatives) owning or
operating transmission facilities within the region covered
by the Western Systems Coordinating Council shall par-
ticipate in any such organization. Notwithstanding any
other law, participation may include delegation of oper-
ation and control of the transmission system concerned to
a regional transmission organization or other method of