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H.R. 8395: EPA Regulatory Authority Act of 2022


The text of the bill below is as of Jul 15, 2022 (Introduced).

Summary of this bill

Lead sponsor: AOC. Subject: EPA. Status: TBD.

Context

In 2015, to tackle the climate crisis, President Barack Obama’s EPA (Environmental Protection Agency) unveiled an initiative called the Clean Power Plan, which would regulate greenhouse gas emissions from power plants.

In 2016, the Supreme Court stayed the plan, halting it from taking effect due to constitutional concerns, even though it technically remained on the books. In 2019, President Donald Trump’s EPA repealed the plan entirely.

Then this past June, the Supreme Court ruled that the EPA lacked authority to implement the plan in the first place without “clear congressional authorization.” The 6–3 decision West Virginia v. EPA divided along …


I

117th CONGRESS

2d Session

H. R. 8395

IN THE HOUSE OF REPRESENTATIVES

July 15, 2022

introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Clean Air Act to allow the Administrator of the Environmental Protection Agency, in identifying the best system of emission reduction for purposes of a standard of performance, to include measures that apply beyond an individual stationary source or category of stationary sources.

1.

Short title

This Act may be cited as the EPA Regulatory Authority Act of 2022.

2.

Inclusion of control measures beyond an individual source or category of sources in identifying the best system of emission reduction

(a)

In general

Section 111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)) is amended by adding at the end the following: For purposes of identifying the best system of emission reduction, a system of emission reduction may include measures that apply beyond an individual stationary source or category of stationary sources, including measures that would reduce emissions by altering the relative market share of such sources or categories..

(b)

Determinations authorized by section 111

(1)

Deemed authorization

Each determination of the Environmental Protection Agency in the Clean Power Plan with respect to a best system of emission reduction for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411) is deemed to be authorized by such section 111, as amended by subsection (a).

(2)

Clean Power Plan defined

In this subsection, the term Clean Power Plan means the final rule titled Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units published in the Federal Register by the Environmental Protection Agency on October 23, 2015 (80 Fed. Pub. 64662 et seq.).