Sec. 404. Stand-by emission performance standards
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Not later than February 1 of the first calendar year beginning after the date of 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 carbon dioxide emissions from electricity generators for the prior 3 calendar years. An emission limitation for carbon dioxide emissions from electric utility steam generating units established under title I 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 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 carbon dioxide emissions from electric utility steam generating units 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 elements of this Act; or after the end of a compliance period, only if the clean electricity standard 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 established under title I of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) for carbon dioxide emissions from electric utility steam generating units. In this section: The terms clean electricity standard , program trigger date , and compliance period have the meanings given such terms in section 611(h) of the Public Utility Regulatory Policies Act of 1978, as added by section 402 of this Act. The term electric utility steam generating unit has the meaning given such term in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) ).
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