S1923-118

1. Short title This Act may be cited as the Protect Our Power Plants Act of 2023 or the POPP Act of 2023.

2. Findings Congress finds that— 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; 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; section 111 of the Clean Air Act (42 U.S.C. 7411) requires the best system of emission reduction to be adequately demonstrated; 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 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.

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.