Sec. 404. Stand-by emission performance standards
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Not later than February 1 of the first year after enactment of this section, and each February 1 thereafter, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall publish a determination of the annual average level of greenhouse gas emissions from the electric power sector for the prior three calendar years. Emission limitations for carbon dioxide emissions from fossil fuel-fired power plants established under title I of the of the Clean Air Act ( 42 U.S.C. 7401 et seq.) may be enforced by a State or by the Administrator of the Environmental Protection Agency— before the clean electricity standard program trigger date, only if— the Secretary, not earlier than 5 years after the date of enactment of this Act, determines under subsection
(a)that the 5-year annual average level of electric power sector greenhouse gas emissions exceeded the annual average level of such emissions for the preceding 5-year period by at least 6 percent; or the Secretary finds that significantly less than the full amount of funding authorized for programs under this Act has been appropriated, resulting in substantial limitation to or delay of the technology advancement program elements of this Act; or after the end of a clean electricity standard compliance period, if the clean electricity requirement is not enforced for the compliance period. Except as provided in this section, neither a State nor the Administrator of the Environmental Protection Agency may enforce any emission limitation for carbon dioxide emissions from fossil fuel-fired electric power generating units established under title I of the of the Clean Air Act ( 42 U.S.C. 7401 et seq.). In this section: The term compliance period has the meaning given such term in section 611(k)(1) of the Public Utility Regulatory Policies Act of 1978. The term program trigger date has the meaning given such term in section 611(k)(2) of the Public Utility Regulatory Policies Act of 1978.
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Sec. 404
Stand-by emission performance standards
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