I 
113TH CONGRESS 
1ST SESSION H. R. 2127 
To prohibit the Administrator of the Environmental Protection Agency from 
finalizing any rule imposing any standard of performance for carbon 
dioxide emissions from any existing or new source that is a fossil fuel- 
fired electric utility generating unit unless and until carbon capture 
and storage is found to be technologically and economically feasible. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. MCKINLEY (for himself, Mr. RAHALL, Mrs. CAPITO, Mr. JOHNSON of 
Ohio, Mr. OLSON, Mr. LATTA, Mr. GRIFFITH of Virginia, and Mr. 
PETERSON) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To prohibit the Administrator of the Environmental Protec-
tion Agency from finalizing any rule imposing any stand-
ard of performance for carbon dioxide emissions from 
any existing or new source that is a fossil fuel-fired 
electric utility generating unit unless and until carbon 
capture and storage is found to be technologically and 
economically feasible. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. NO FINALIZATION OF ANY STANDARD OF PER-
FORMANCE FOR CARBON DIOXIDE EMIS-
SIONS FROM ANY EXISTING OR NEW FOSSIL 
FUEL-FIRED ELECTRIC UTILITY GENERATING 
UNIT UNLESS CARBON CAPTURE AND STOR-
AGE IS TECHNOLOGICALLY AND ECONOMI-
CALLY FEASIBLE. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall not finalize any rule 
imposing any standard of performance under section 111 
of the Clean Air Act (42 U.S.C. 7411) for emissions of 
carbon dioxide from any existing or new source that is 
a fossil fuel-fired electric utility generating unit unless and 
until— 
(1) the Administrator determines in accordance 
with such section 111 that carbon capture and stor-
age is the best system of emission reduction which 
(taking into account the cost of achieving such re-
duction and any nonair health and environmental 
impact and energy requirements) the Administrator 
determines has been adequately demonstrated; and 
(2) carbon capture and storage is found to be 
technologically and economically feasible for fossil 
fuel-fired electric utility generating units in a report 
that is published in the Federal Register, and sub-
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mitted to the Congress, by at least three of the fol-
lowing four officials: 
(A) The Administrator of the Energy In-
formation Administration. 
(B) The Comptroller General of the United 
States. 
(C) The Director of the National Energy 
Technology Laboratory. 
(D) The Under Secretary of Commerce for 
Standards and Technology. 
(b) PROHIBITION AGAINST COMBINED SOURCE CAT-
EGORY.—In proposing or finalizing any rule imposing any 
standard of performance under section 111 of the Clean 
Air Act (42 U.S.C. 7411) for emissions of carbon dioxide 
from any existing or new source that is a fossil fuel-fired 
electric utility generating unit, the Administrator of the 
Environmental Protection Agency shall not combine in the 
same category of stationary sources— 
(1) electric utility steam generating units sub-
ject to subpart Da of part 60, title 40, Code of Fed-
eral Regulations (as in effect on the date of the en-
actment of this Act); and 
(2) combined cycle electric generating units 
subject to subpart KKKK of such part (as in effect 
on such date). 
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