(a) The Division of Environmental Quality may seek a waiver of review and approval procedures for emissions plans from the Legislative Council if the division determines that final federal emission guidelines do not require any one (1) or more of the following:
(1) Shifting generation from electric generating units powered by one fuel type to another fuel type;
(2) Closing any fossil fuel-fired electric generating unit; or
(3) Imposing a statewide greenhouse gas goal or other statewide greenhouse gas emissions limitation.
(b) A request to the Legislative Council under subsection (a) of this section shall include an explanation of how the final emission guidelines for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411, do not require any of the factors in subsection (a) of this section.
(c) The division shall not seek a waiver under subsection (a) of this section until the United States Environmental Protection Agency promulgates emission guidelines for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d).
(d) An affirmative majority vote of the Legislative Council is required to grant a waiver of review and approval procedures for a state plan.
(e) If the Legislative Council grants a waiver under this section, then all requirements in §§ 8-3-203 and 8-3-205 — 8-3-207 are waived.
(f) If the Legislative Council grants a waiver under this section, the division may submit a state plan to the United States Environmental Protection Agency.