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 Ala-
bama, 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. SENSEN-
BRENNER, Ms. SEWELL of Alabama, Mr. SHIMKUS, Mr. SMITH of Ne-
braska, Mr. SMITH of Missouri, Mr. STIVERS, Mr. TERRY, Mr. THOMP-
SON 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 Com-
mittee on Energy and Commerce 
A BILL 
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. 
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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’’. 
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 
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(2) shall not set a standard based on the best 
system of emission reduction for new sources within 
the coal category 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 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 
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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. 
(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 
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(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. 
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 
(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-
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