H.R. 3826, the “Electricity Security and Affordability Act”

H.R. 3826, introduced by Rep. Ed Whitfield (R-KY), would essentially prevent EPA from ever requiring coal-fired power plants to control carbon pollution at any significant level.  

As introduced, the bill repeals all EPA rules issued prior to the enactment of the bill that established greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants.  The bill also 1) prohibits EPA from issuing, implementing, or enforcing any rule under section 111 of the Clean Air Act establishing GHG emission standards for new fossil fuel-fired power plants unless separate GHG emission standards are established for coal and natural gas plants; and 2) prohibits EPA from establishing emission standards for new coal-fired power plants unless the proposed standards have already been achieved for 12 continuous months by at least six U.S. power plants, located at different generating stations that collectively represent the operating characteristics of each power plant, and are each commercially operated for the entire 12-month period.  

The bill specifies that EPA cannot reference results from demonstration projects when establishing emission standards for coal-fired power plants.  Moreover, the bill blocks EPA from establishing any GHG emission standard for modified, reconstructed, or existing fossil fuel-fired power plants unless Congress passes a federal law implementing the standard.  The standard must be submitted in the form of a report to Congress including its text, projected economic impact, and projected GHG emissions reduction relative to overall GHG emissions. 

H.R. 3826 passed the House on March 6, 2014.