Sec. 4. Standards of performance for existing fossil fuel-fired electric utility generating units, compliance extension, and ratepayer protection
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The Administrator may not issue, implement, or enforce any proposed or final rule described in paragraph (2), unless that rule meets the requirements of subsection (b). A rule referred to in paragraph
(1)is any proposed or final rule to address carbon dioxide emissions from existing sources that are fossil fuel-fired electric utility generating units under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ), including any final rule that succeeds— the proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (79 Fed. Reg. 34830 (June 18, 2014)); or the supplemental proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships (79 Fed. Reg. 65482 (November 4, 2014)). Before issuing, implementing, or enforcing any rule described in subsection (a)(2), the Administrator shall— submit to Congress a report describing the quantity of greenhouse gas emissions that the rule is projected to reduce, as compared to overall domestic and global greenhouse gas emissions; conduct modeling regarding the means by which the source rule in effect on the date of development of the proposed rule, if applicable, impacts each climate indicator used by the Administrator in developing the proposed rule; and issue State-specific model plans to demonstrate with specificity the areas in, and means by which, each State will be required to reduce the greenhouse gas emissions of the State under the rule. A court shall not consider paragraph
(1)in determining whether the Administrator is authorized to issue any rule described in subsection (a)(2). No State shall be required to adopt or submit a State plan, and no State or entity within a State shall become subject to a Federal plan, pursuant to any final rule described in subsection (a), if the Governor of the State makes a determination, and notifies the Administrator, that implementation of the State or Federal plan would have a negative effect on— economic growth, competitiveness, and jobs in the State; the reliability of the electricity system of the State; or the electricity ratepayers of the State, including low-income ratepayers, by causing electricity rate increases. In this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (a)(2), the date by which any State, local, or tribal government or other person is first required to comply with the requirement. The term compliance date includes the date by which State plans are required to be submitted to the Administrator under any final rule described in subsection (a)(2). Each compliance date of any final rule described in subsection (a)(2) is deemed to be extended by the time period equal to the time period described in paragraph (3). The time period described in this paragraph is the period of days that— begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (a)(2) appears in the Federal Register; and ends on the date on which judgement becomes final, and no longer subject to further appeal or review, in all actions (including any action filed pursuant to section 307 of the Clean Air Act ( 42 U.S.C. 7607 )) that— are filed during the 60 days described in paragraph (A); and seek review of any aspect of the rule.
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- 79 FR 34830
- 79 FR 65482
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Sec. 4
Standards of performance for existing fossil fuel-fired electric utility generating units, compliance extension, and ratepayer protection
Fed. Reg.79 FR 34830
Fed. Reg.79 FR 65482
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