I 113th CONGRESS 1st Session H. R. 2127 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 Committee on Energy and Commerce A BILL 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.

1. No finalization of any standard of performance for carbon dioxide emissions from any existing or new fossil fuel-fired electric utility generating unit unless carbon capture and storage is technologically and economically feasible (a) In general The Administrator of the Environmental 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 storage is the best system of emission reduction which (taking into account the cost of achieving such reduction 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 submitted to the Congress, by at least three of the following four officials: (A) The Administrator of the Energy Information 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 category 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 subject to subpart Da of part 60, title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (2) combined cycle electric generating units subject to subpart KKKK of such part (as in effect on such date). (c) Definitions In this section: (1) The term economically feasible means the present discounted value of the revenue from the projected sale of electricity from a generating unit in a competitive market over the life of a unit that employs carbon capture and storage exceeds the present discounted value of the cost of the unit, including costs associated with any energy required to capture, compress, transport, and store carbon dioxide. (2) The terms existing source and new source have the meanings given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (3) The term technologically feasible refers to the demonstrated operation of carbon capture and storage technologies integrated with power production at an appropriate scale to ensure safe and reliable production of electricity with capture and storage on a widespread geographic basis.