[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 910 Referred in Senate (RFS)]

112th CONGRESS
  1st Session
                                H. R. 910


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2011

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
    To amend the Clean Air Act to prohibit the Administrator of the 
   Environmental Protection Agency from promulgating any regulation 
concerning, taking action relating to, or taking into consideration the 
 emission of a greenhouse gas to address climate change, 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 ``Energy Tax Prevention Act of 2011''.

SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    ``(a) Definition.--In this section, the term `greenhouse gas' means 
any of the following:
            ``(1) Water vapor.
            ``(2) Carbon dioxide.
            ``(3) Methane.
            ``(4) Nitrous oxide.
            ``(5) Sulfur hexafluoride.
            ``(6) Hydrofluorocarbons.
            ``(7) Perfluorocarbons.
            ``(8) Any other substance subject to, or proposed to be 
        subject to, regulation, action, or consideration under this Act 
        to address climate change.
    ``(b) Limitation on Agency Action.--
            ``(1) Limitation.--
                    ``(A) In general.--The Administrator may not, under 
                this Act, promulgate any regulation concerning, take 
                action relating to, or take into consideration the 
                emission of a greenhouse gas to address climate change.
                    ``(B) Air pollutant definition.--The definition of 
                the term `air pollutant' in section 302(g) does not 
                include a greenhouse gas. Notwithstanding the previous 
                sentence, such definition may include a greenhouse gas 
                for purposes of addressing concerns other than climate 
                change.
            ``(2) Exceptions.--Paragraph (1) does not prohibit the 
        following:
                    ``(A) Notwithstanding paragraph (4)(B), 
                implementation and enforcement of the rule entitled 
                `Light-Duty Vehicle Greenhouse Gas Emission Standards 
                and Corporate Average Fuel Economy Standards' (as 
                published at 75 Fed. Reg. 25324 (May 7, 2010) and 
                without further revision) and finalization, 
                implementation, enforcement, and revision of the 
                proposed rule entitled `Greenhouse Gas Emissions 
                Standards and Fuel Efficiency Standards for Medium- and 
                Heavy-Duty Engines and Vehicles' published at 75 Fed. 
                Reg. 74152 (November 30, 2010).
                    ``(B) Implementation and enforcement of section 
                211(o).
                    ``(C) Statutorily authorized Federal research, 
                development, demonstration programs and voluntary 
                programs addressing climate change.
                    ``(D) Implementation and enforcement of title VI to 
                the extent such implementation or enforcement only 
                involves one or more class I substances or class II 
                substances (as such terms are defined in section 601).
                    ``(E) Implementation and enforcement of section 821 
                (42 U.S.C. 7651k note) of Public Law 101-549 (commonly 
                referred to as the `Clean Air Act Amendments of 1990').
            ``(3) Inapplicability of provisions.--Nothing listed in 
        paragraph (2) shall cause a greenhouse gas to be subject to 
        part C of title I (relating to prevention of significant 
        deterioration of air quality) or considered an air pollutant 
        for purposes of title V (relating to permits).
            ``(4) Certain prior agency actions.--The following rules 
        and actions (including any supplement or revision to such rules 
        and actions) are repealed and shall have no legal effect:
                    ``(A) `Mandatory Reporting of Greenhouse Gases', 
                published at 74 Fed. Reg. 56260 (October 30, 2009).
                    ``(B) `Endangerment and Cause or Contribute 
                Findings for Greenhouse Gases Under Section 202(a) of 
                the Clean Air Act', published at 74 Fed. Reg. 66496 
                (December 15, 2009).
                    ``(C) `Reconsideration of Interpretation of 
                Regulations That Determine Pollutants Covered by Clean 
                Air Act Permitting Programs', published at 75 Fed. Reg. 
                17004 (April 2, 2010) and the memorandum from Stephen 
                L. Johnson, Environmental Protection Agency (EPA) 
                Administrator, to EPA Regional Administrators, 
                concerning `EPA's Interpretation of Regulations that 
                Determine Pollutants Covered by Federal Prevention of 
                Significant Deterioration (PSD) Permit Program' 
                (December 18, 2008).
                    ``(D) `Prevention of Significant Deterioration and 
                Title V Greenhouse Gas Tailoring Rule', published at 75 
                Fed. Reg. 31514 (June 3, 2010).
                    ``(E) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Substantial Inadequacy and SIP Call', published at 
                75 Fed. Reg. 77698 (December 13, 2010).
                    ``(F) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Failure To Submit State Implementation Plan 
                Revisions Required for Greenhouse Gases', published at 
                75 Fed. Reg. 81874 (December 29, 2010).
                    ``(G) `Action to Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Federal 
                Implementation Plan', published at 75 Fed. Reg. 82246 
                (December 30, 2010).
                    ``(H) `Action to Ensure Authority to Implement 
                Title V Permitting Programs Under the Greenhouse Gas 
                Tailoring Rule', published at 75 Fed. Reg. 82254 
                (December 30, 2010).
                    ``(I) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program', 
                published at 75 Fed. Reg. 82430 (December 30, 2010).
                    ``(J) `Limitation of Approval of Prevention of 
                Significant Deterioration Provisions Concerning 
                Greenhouse Gas Emitting-Sources in State Implementation 
                Plans', published at 75 Fed. Reg. 82536 (December 30, 
                2010).
                    ``(K) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program; 
                Proposed Rule', published at 75 Fed. Reg. 82365 
                (December 30, 2010).
                    ``(L) Except for actions listed in paragraph (2), 
                any other Federal action under this Act occurring 
                before the date of enactment of this section that 
                applies a stationary source permitting requirement or 
                an emissions standard for a greenhouse gas to address 
                climate change.
            ``(5) State action.--
                    ``(A) No limitation.--This section does not limit 
                or otherwise affect the authority of a State to adopt, 
                amend, enforce, or repeal State laws and regulations 
                pertaining to the emission of a greenhouse gas.
                    ``(B) Exception.--
                            ``(i) Rule.--Notwithstanding subparagraph 
                        (A), any provision described in clause (ii)--
                                    ``(I) is not federally enforceable;
                                    ``(II) is not deemed to be a part 
                                of Federal law; and
                                    ``(III) is deemed to be stricken 
                                from the plan described in clause 
                                (ii)(I) or the program or permit 
                                described in clause (ii)(II), as 
                                applicable.
                            ``(ii) Provision defined.--For purposes of 
                        clause (i), the term `provision' means any 
                        provision that--
                                    ``(I) is contained in a State 
                                implementation plan under section 110 
                                and authorizes or requires a limitation 
                                on, or imposes a permit requirement 
                                for, the emission of a greenhouse gas 
                                to address climate change; or
                                    ``(II) is part of an operating 
                                permit program under title V, or a 
                                permit issued pursuant to title V, and 
                                authorizes or requires a limitation on 
                                the emission of a greenhouse gas to 
                                address climate change.
                    ``(C) Action by administrator.--The Administrator 
                may not approve or make federally enforceable any 
                provision described in subparagraph (B)(ii).''.

SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

    Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by 
adding at the end the following:
    ``(4) With respect to standards for emissions of greenhouse gases 
(as defined in section 330) for model year 2017 or any subsequent model 
year new motor vehicles and new motor vehicle engines--
            ``(A) the Administrator may not waive application of 
        subsection (a); and
            ``(B) no waiver granted prior to the date of enactment of 
        this paragraph may be construed to waive the application of 
        subsection (a).''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) there is established scientific concern over warming of 
        the climate system based upon evidence from observations of 
        increases in global average air and ocean temperatures, 
        widespread melting of snow and ice, and rising global average 
        sea level;
            (2) addressing climate change is an international issue, 
        involving complex scientific and economic considerations;
            (3) the United States has a role to play in resolving 
        global climate change matters on an international basis; and
            (4) Congress should fulfill that role by developing 
        policies that do not adversely affect the American economy, 
        energy supplies, and employment.

            Passed the House of Representatives April 7, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.