[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1923 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1923

   To prohibit the Environmental Protection Agency from finalizing, 
 implementing, or enforcing a proposed rule with respect to new source 
 performance standards from certain stationary sources, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2023

Mrs. Capito (for herself and Mr. Daines) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
   To prohibit the Environmental Protection Agency from finalizing, 
 implementing, or enforcing a proposed rule with respect to new source 
 performance standards from certain stationary sources, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Power Plants Act of 
2023'' or the ``POPP Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the decision of the Supreme Court of the United States 
        in West Virginia v. Environmental Protection Agency (2022) 
        states that Congress must speak clearly if Congress wishes to 
        assign to an agency decisions of vast economic and political 
        significance;
            (2) Congress has not provided the Environmental Protection 
        Agency with authorization for the proposed rule of the 
        Environmental Protection Agency entitled ``New Source 
        Performance Standards for Greenhouse Gas Emissions From New, 
        Modified, and Reconstructed Fossil Fuel-Fired Electric 
        Generating Units; Emission Guidelines for Greenhouse Gas 
        Emissions From Existing Fossil Fuel-Fired Electric Generating 
        Units; and Repeal of the Affordable Clean Energy Rule'' (88 
        Fed. Reg. 33240 (May 23, 2023)), a proposed rule that is 
        intended to completely reshape the electricity grid and 
        therefore has vast economic and political significance;
            (3) section 111 of the Clean Air Act (42 U.S.C. 7411) 
        requires the best system of emission reduction to be adequately 
        demonstrated;
            (4) the carbon capture and clean hydrogen technologies 
        proposed as the best system of emission reduction have not been 
        commercially utilized, are not cost-effective, and are not 
        feasible, and are therefore not adequately demonstrated; and
            (5) the proposed rule described in paragraph (2) is an 
        illegal interpretation of section 111 of the Clean Air Act (42 
        U.S.C. 7411) and has not been authorized by that section or any 
        other provision of Federal law.

SEC. 3. PROPOSED NEW SOURCE PERFORMANCE STANDARDS AND EMISSIONS 
              GUIDELINES FOR GREENHOUSE GAS EMISSIONS FROM CERTAIN 
              STATIONARY SOURCES.

    The Administrator of the Environmental Protection Agency may not 
finalize, implement, or enforce the proposed rule of the Environmental 
Protection Agency entitled ``New Source Performance Standards for 
Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil 
Fuel-Fired Electric Generating Units; Emission Guidelines for 
Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric 
Generating Units; and Repeal of the Affordable Clean Energy Rule'' (88 
Fed. Reg. 33240 (May 23, 2023)) or a substantially similar rule.
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