Sec. 212. Standards of performance for new fossil fuel-fired electric utility generating units
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The Administrator of the Environmental 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 requirements under subsections
(b)and (c). In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing 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 establishing such standards)— shall separate sources fueled with coal and natural gas into separate categories; and shall not set a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless— 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— each of which is located at a different electric generating station in the United States; which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and each of which is operated for the entire 12-month period on a full commercial basis; and no results obtained from any demonstration project are used in setting such standard. In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate 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 Thermal Units per pound. Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator of the Environmental Protection Agency shall not set a standard based on the best system of emission reduction unless— 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— each of which is located at a different electric generating station in the United States; which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and each of which is operated for the entire 12-month period on a full commercial basis; and no results obtained from any demonstration project are used in setting such standard. Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that— is based on the use of one or more technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and meets the requirements of subsection
(b)and (c), as applicable.
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Sec. 212
Standards of performance for new fossil fuel-fired electric utility generating units
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