Sec. 3. Standards of performance for new, modified, and reconstructed fossil fuel-fired electric utility generating units
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The Administrator may not issue, implement, or enforce any proposed or final rule, in whole or in part, 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, modified source, or reconstructed source that is a fossil fuel-fired electric utility generating unit, unless that rule meets the requirements of subsections
(b)and (c). In issuing any rule pursuant to 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, modified sources, or reconstructed sources that are fossil fuel-fired electric utility generating units, the Administrator, for purposes of establishing those standards— shall separate sources fueled with coal and natural gas into separate categories; and shall not establish a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless— the standard has been achieved, on average, for at least 1 continuous 12-month period (excluding planned outages) by each of at least 6 units within that category— each of which is located at a different electric generating station in the United States; that, 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 the standard. In carrying out subsection (b)(1), the Administrator shall establish a separate subcategory for new sources, modified sources, or reconstructed sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8,300 or less British Thermal Units per pound. Notwithstanding subsection (b)(2), in issuing any rule pursuant to section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing standards of performance for emissions of any greenhouse gas from new, modified, or reconstructed sources in the subcategory referred to in paragraph (1), the Administrator shall not establish a standard based on the best system of emission reduction unless— that standard has been achieved, on average, for at least 1 continuous 12-month period (excluding planned outages) by each of at least 3 units within that 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 establishing that standard.
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Sec. 3
Standards of performance for new, modified, and reconstructed fossil fuel-fired electric utility generating units
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