Sec. 435.
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None of the funds made available by this Act shall be used to propose, finalize, implement, or enforce— any standard of performance under section 111(b) of the Clean Air Act ( 42 U.S.C. 7411(b) ) for any new fossil fuel-fired electricity utility generating unit if the Administrator of the Environmental Protection Agency’s determination that a technology is adequately demonstrated includes consideration of one or more facilities for which assistance is provided (including any tax credit) under subtitle A of title IV of the Energy Policy Act of 2005 ( 42 U.S.C. 15961 et seq. ) or section 48A of the Internal Revenue Code of 1986; any regulation or guidance under section 111(b) of the Clean Air Act ( 42 U.S.C. 7411(b) ) establishing 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 any regulation or guidance under section 111(d) of the Clean Air Act ( 42 U.S.C. 7411(d) ) that applies to the emission of any greenhouse gas by an existing source that is a fossil fuel-fired electric utility generating unit.
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