1.This Act may be cited as the
Energy Tax Prevention Act of
2011
.
2.No
Regulation of emissions of greenhouse gasesTitle III of the Clean Air Act
(42 U.S.C. 7601 et
seq.) is amended by adding at the end the following:
330.No Regulation
of emissions of greenhouse gases
(a)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)
(A)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)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)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 provisionsNothing 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 actionsThe 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)
(A)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)
(i)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)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)The Administrator may not approve or make federally
enforceable any provision described in subparagraph
(B)(ii).
.
3.Preserving one
national standard for automobilesSection 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).
.
4.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.
Karen L. Haas,
Clerk