REPEAL OF PERCENT REDUCTION.

SEC. 403. REPEAL OF PERCENT REDUCTION. (a) Repeal.— Section l11(a)(l) of the Clean Air Act is amended to read as follows: “(1) The term ‘standard of performance’ means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.”. (b) Revised Regulations.— Not later than three years after the date of enactment of the Clean Air Act Amendments of 1990, the Administrator shall promulgate revised regulations for standards of performance for new fossil fuel fired electric utility units commencing construction after the date on which such regulations are pro-posed that, at a minimum, require any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section prior to such revision. (c) Applicability.— The provisions of subsections (a) and (b) apply only so long as the provisions of section 403(e) of the Clean Air Act remain in effect. (d) BACT Determinations.— Section 169(3) of the Clean Air Act is amended by inserting: “, clean fuels,” after “including fuel cleaning,” and by adding the following at the end thereof: “Emissions 104 STAT. 2632from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under this paragraph as it existed prior to enactment of the Clean Air Act Amendments of 1990.”.