[House Report 112-54]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-54

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 910) 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

                                _______
                                

   April 5, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Sessions, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 203]

    The Committee on Rules, having had under consideration 
House Resolution 203, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 910, the 
Energy Tax Prevention Act of 2011, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Energy and Commerce 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The resolution waives all points of order against the committee 
amendment in the nature of a substitute. The rule further makes 
in order only those amendments printed in this report. Each 
such amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. All 
points of order against the amendments printed in this report 
are waived. Finally, the resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against its consideration. The waiver of all 
points of order are prophylactic.
    The waiver of all points of order against the committee 
amendment in the nature of a substitute to H.R. 910 includes a 
waiver of clause 7 of rule XVI, prohibiting non-germane 
amendments. This waiver is necessary because the Committee on 
Energy and Commerce adopted an amendment in committee markup 
that was not germane to the bill.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order against the amendments and 
therefore the waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 68

    Motion by Mr. McGovern to report an open rule. Defeated: 3-
7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 69

    Motion by Mr. McGovern to amend the rule to make in order 
and provide the appropriate waivers for amendment #35, offered 
by Rep. McGovern (MA), Rep. Blumenauer (OR), and Rep. Welch 
(VT), which would reduce the federal deficit by $40 billion by 
eliminating subsidies to oil companies. Defeated: 3-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 70

    Motion by Mr. McGovern to amend the rule to make in order 
and provide the appropriate waivers for amendment #34, offered 
by Rep. Crowley (NY), which would eliminate the exception for 
the renewable fuel standard (ethanol) in the bill. Defeated: 3-
8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 71

    Motion by Mr. Hastings of Florida to amend the rule to make 
in order and provide the appropriate waivers for amendment #29, 
offered by Rep. Cleaver (MO), which would have Congress accept 
the following findings of the 2004 report, African Americans 
and Climate Change: an Unequal Burden, stating global climate 
change will disproportionally burden communities of color. 
Defeated: 3-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 72

    Motion by Mr. Polis to amend the rule to make in order and 
provide the appropriate waivers for amendment #22, offered by 
Rep. Blumenauer (OR), Rep. Doggett (TX), and Rep. McDermott 
(WA), which would amend the Clean Air Act to prevent the 
Administrator of the Environmental Protection Agency from 
imposing an energy tax. Defeated: 3-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 73

    Motion by Ms. Foxx to report the rule. Adopted: 8-3.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Reed........................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Jackson Lee (TX): Would require an EPA study to 
determine the long term impact of a complete ban on their 
authority to regulate greenhouse gases. (10 minutes)
    2. Jackson Lee (TX): Would insert a new section to provide 
considerations and procedures in finalizing greenhouse gas 
regulations. (10 minutes)
    3. McNerney (CA): Would clarify that voluntary programs 
addressing climate change classify as exceptions to the bill's 
prohibitions. (10 minutes)
    4. Cuellar (TX): Would amend the definition of greenhouse 
gas, to remove water vapor as a part of the definition, amend 
the act by striking the removal of existing EPA findings and 
rules, and exempt all auto standards from the legislation. (10 
minutes)
    5. Murphy, Christopher (CT): Would clarify that the Agency 
can continue to provide technical assistance to states taking 
action to limit greenhouse gas emissions. (10 minutes)
    6. Waxman (CA), DeGette (CO), Inslee (WA): Would add a new 
section with respect to Congressional Acceptance of Scientific 
Findings: Congress accepts the scientific findings of the 
Environmental Protection Agency that climate changes is 
occurring, is caused largely by human activities, and poses 
significant risks for public health and welfare. (10 minutes)
    7. Quigley (IL): Would require GAO to report to Congress 
the results of a study of health care costs in the U.S. as 
affected by the elimination of EPA regulation under this Act, 
as compared to health care costs in the U.S. as would be 
affected by the EPA proceeding under their regulating authority 
as determined in Massachusetts v. EPA. (10 minutes)
    8. Polis (CO): Would ensure the EPA Administrator can 
protect the public health in case of public health emergency. 
(10 minutes)
    9. Markey, Edward (MA): Would ensure that any prohibition 
on or limitation to EPA's Clean Air Act authority contained in 
the bill would not apply to any action EPA could take to reduce 
demand for oil. (10 minutes)
    10. Rush (IL): Would prevent the provisions of this act 
from going into effect until the EPA Administrator, in 
consultation with the Secretary of Defense, certifies that the 
consequences of not regulating greenhouse gas emissions, and 
its subsequent impact on climate change, including the 
potential to create sustained natural and humanitarian 
disasters and the ability to likely foster political 
instability where societal demands exceed the capacity of 
governments to cope, do not jeopardize American security 
interests at home or abroad. (10 minutes)
    11. Doyle (PA), Ryan, Tim (OH): Would include a study to 
determine whether regulations of the Environmental Protection 
Agency under the Clean Air Act to address climate change, if 
not repealed or otherwise made unauthorized by section 2 of the 
bill, would cause greenhouse gas leakage and reduce the 
international competitiveness of United States producers of 
energy-intensive products. (10 minutes)
    12. Kind (WI), Owens (NY): AMENDMENT IN THE NATURE OF A 
SUBSTITUTE Would codify the Environmental Protection Agency's 
Tailoring Rule in order to protect farms, small businesses, and 
small- and medium-sized stationary sources from greenhouse gas 
regulation. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee, Sheila of 
            Texas or Her Designee, Debatable for 10 Minutes

  Strike sections 2 and 3 of the bill, redesignate section 4 of 
the bill as section 3, and insert after section 1 of the bill 
the following section:

SEC. 2. STUDY AND REPORT.

  (a) Study.--In the interest of protecting national security, 
the Administrator of the Environmental Protection Agency shall 
conduct a study to determine--
          (1) the long term impacts of the Environmental 
        Protection Agency having no authority to regulate 
        emissions of greenhouse gases;
          (2) if there are alternatives to ensure compliance 
        with the Clean Air Act; and
          (3) best practices with respect to greenhouse gas 
        regulation under the Clean Air Act.
  (b) Report.--Not later than 60 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall submit to Congress a report on the 
results of the study under subsection (a), including any 
findings and recommendations.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee, Sheila of 
            Texas or Her Designee, Debatable for 10 Minutes

  Strike sections 2 and 3, redesignate section 4 as section 3, 
and insert after section 1 the following:

SEC. 2. CONSIDERATIONS AND PROCEDURES IN FINALIZING GREENHOUSE GAS 
                    REGULATIONS.

  In the interest of properly considering the importance of 
energy to the national security of the United States, before 
finalizing any greenhouse gas regulation the Administrator of 
the Environmental Protection Agency--
          (1) shall provide a notice period of no less than 30 
        days specifically to the affected greenhouse gas 
        producers proposed to be regulated and allow industry-
        specific comments to be submitted to the Administrator 
        regarding the economic impact of the proposed 
        regulation on the regulated industry; and
          (2) provide an opportunity for the regulated industry 
        to request and receive a 60-day extension of such 
        comment period during which the Administrator shall 
        conduct a study to be submitted to Congress regarding--
                  (A) the effect of the proposed regulation on 
                the level of greenhouse gas reduction;
                  (B) the effect of the proposed regulation on 
                energy production levels;
                  (C) the feasibility of implementation of the 
                regulation on the entities being regulated;
                  (D) the effect of the proposed regulation on 
                the availability of energy to consumers; and
                  (E) the adverse environmental effects of 
                delaying implementation of the proposed 
                regulation.
                              ----------                              


  3. An Amendment To Be Offered by Representative McNerney, Jerry of 
          California or His Designee, Debatable for 10 Minutes

  In section 330(b)(2)(C) of the Clean Air Act, as added by 
section 2 of the bill, after ``demonstration programs'' insert 
``and voluntary programs''.
                              ----------                              


4. An Amendment To Be Offered by Representative Cuellar, Henry of Texas 
               or His Designee, Debatable for 10 Minutes

  In section 330 of the Clean Air Act, as added by section 2 of 
the bill, amend subsection (a) to read as follows:
  ``(a) Definition.--In this section, the term `greenhouse gas' 
means any of the following:
          ``(1) Carbon dioxide.
          ``(2) Methane.
          ``(3) Nitrous oxide.
          ``(4) Hydrofluorocarbons.
          ``(5) Perfluorocarbons.
          ``(6) Sulfur hexafluoride.
  In section 330(b) of the Clean Air Act, as added by section 2 
of the bill--
          (1) in paragraph (1)--
                  (A) in subparagraph (A), strike ``under this 
                Act'' and insert ``under title I or title V of 
                this Act''; and
                  (B) in subparagraph (B), strike ``The 
                definition'' and insert ``For purposes of title 
                I and title V only, the definition'';
          (2) in paragraph (2)(A), strike ``Notwithstanding 
        paragraph (4)(B), implementation'' and insert 
        ``Implementation''; and
          (3) strike paragraph (4) and redesignate paragraph 
        (5) accordingly.
  Strike section 3 of the bill (and redesignate section 4 of 
the bill as section 3).
                              ----------                              


5. An Amendment To Be Offered by Representative Murphy, Christopher of 
         Connecticut or His Designee, Debatable for 10 Minutes

  Page 10, line 6, after subparagraph (C), insert the following 
new subparagraph:
                  ``(D) Technical assistance.--Nothing in this 
                section shall be construed to limit the 
                authority of the Administrator to provide 
                technical assistance to States or groups of 
                States for the implementation of regulations 
                those States have adopted or may adopt 
                concerning the limitation of greenhouse gas 
                emissions, including providing any data 
                developed in accordance with the rules or 
                actions repealed by subsection (b).''.
                              ----------                              


   6. An Amendment To Be Offered by Representative Waxman, Henry of 
          California or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCIENTIFIC FINDINGS.

  Congress accepts the scientific findings of the Environmental 
Protection Agency that climate change is occurring, is caused 
largely by human activities, and poses significant risks for 
public health and welfare.
                              ----------                              


   7. An Amendment To Be Offered by Representative Quigley, Mike of 
           Illinois or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 5. GAO REPORT.

  Not later than one year after the date of enactment of this 
Act, the Comptroller General shall submit to Congress a report 
containing the results of a study of health care costs in the 
United States as affected by the elimination of Environmental 
Protection Agency regulation under this Act, as compared to 
health care costs in the United States as would be affected by 
the Environmental Protection Agency proceeding with regulation 
in its role as determined in Massachusetts v. EPA (549 U.S. 497 
(2007)).
                              ----------                              


    8. An Amendment To Be Offered by Representative Polis, Jared of 
           Colorado or His Designee, Debatable for 10 Minutes

  In section 330 of the Clean Air Act, as proposed to be added 
by section 2 of the bill, insert after subsection (a) the 
following (and redesignate the subsequent subsections 
accordingly):
  ``(b) Temporary Suspension for Public Health Emergencies.--
The Administrator may by rule, after public notice and comment, 
temporarily suspend the provisions of this section if--
          ``(1) a detailed analysis and review by the 
        Administrator of the latest credible and peer-reviewed 
        science shows ground level ozone will pose significant 
        dangers to public health;
          ``(2) extreme weather events pose significant danger 
        to public health;
          ``(3) an increase in food and waterborne pathogens 
        pose significant danger to public health; or
          ``(4) there are other significant threats to public 
        health.
                              ----------                              


   9. An Amendment To Be Offered by Representative Markey, Edward of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. REDUCING DEMAND FOR OIL.

  Notwithstanding any limitation on agency action contained in 
the amendment made by section 2 of this Act, the Administrator 
of the Environmental Protection Agency may use any authority 
under the Clean Air Act, as in effect prior to the date of 
enactment of this Act, to promulgate any regulation concerning, 
take any action relating to, or take into consideration the 
emission of a greenhouse gas to address climate change, if the 
Administrator determines that such promulgation, action or 
consideration will reduce demand for oil.
                              ----------                              


    10. An Amendment To Be Offered by Representative Rush, Bobby of 
           Illinois or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 5. LIMITATION ON APPLICABILITY.

  The provisions of this Act, and the amendments made by this 
Act, shall not apply until the Administrator of the 
Environmental Protection Agency, in consultation with the 
Secretary of Defense, certifies that the consequences of 
climate change, including its potential to create sustained 
natural and humanitarian disasters and its ability to foster 
political instability where societal demands exceed the 
capacity of governments to cope, do not jeopardize security 
interests of the United States at home or abroad.
                              ----------                              


  11. An Amendment To Be Offered by Representative Doyle, Michael of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  At the end of the bill add the following:

SEC. 5. STUDY ON EFFECT OF EPA CLIMATE CHANGE REGULATIONS ON 
                    INTERNATIONAL COMPETITIVENESS OF UNITED STATES 
                    PRODUCERS OF ENERGY-INTENSIVE PRODUCTS.

  (a) Study.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall--
          (1) conduct a study to determine, with respect to the 
        period beginning on such date of enactment and ending 
        on December 31, 2016, the extent to which the 
        regulations of the Environmental Protection Agency 
        under the Clean Air Act to address climate change, if 
        not repealed or otherwise made unauthorized by section 
        2 of this Act, would--
                  (A) cause greenhouse gas leakage; and
                  (B) reduce the international competitiveness 
                of United States producers of energy-intensive 
                products; and
          (2) submit a report on the results of the study to 
        the Congress, including recommendations for 
        legislative, administrative, or other actions to 
        mitigate--
                  (A) any greenhouse gas leakage identified 
                pursuant to paragraph (1)(A); and
                  (B) any reduction in international 
                competitiveness identified pursuant to 
                paragraph (1)(B).
  (b) Definitions.--In this section:
          (1) The term ``energy-intensive product'' means--
                  (A) iron, steel, aluminum, cement, bulk 
                glass, paper and pulp, chemicals, or industrial 
                ceramics; or
                  (B) any other manufactured product which the 
                Administrator of the Environmental Protection 
                Agency determines--
                          (I) is sold in bulk for purposes of 
                        further manufacture; and
                          (ii) generates, in the course of the 
                        manufacture of the product, direct and 
                        indirect greenhouse gas emissions that 
                        are comparable (on an emissions-per-
                        dollar basis) to emissions generated in 
                        the manufacture or production of 
                        products identified in subparagraph 
                        (A).
          (2) The term ``greenhouse gas leakage'' means an 
        increase in greenhouse gas emissions abroad because of 
        the movement of the production of economic goods from 
        the United States to other countries.
                              ----------                              


    12. An Amendment in the Nature of a Substitute To Be Offered by 
Representative Kind, Ron of Wisconsin or His Designee, Debatable for 10 
                                Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. PROHIBITIONS AGAINST REGULATION OF GREENHOUSE GASES.

  The Clean Air Act (42 U.S.C. 7401 and following) is amended 
by adding the following new section after section 329:

``SEC. 330. PROHIBITIONS AGAINST REGULATION OF GREENHOUSE GASES.

  ``(a) New Source Review.--
          ``(1) General rule.--
                  ``(A) Excluding greenhouse gas emissions from 
                permitting applicability determinations.--
                          ``(i) For purposes of determining 
                        whether a stationary source is a `major 
                        emitting facility' pursuant to section 
                        169(1), such determination shall not be 
                        based on emissions of any air pollutant 
                        subject to regulation solely on the 
                        basis of such pollutant's contribution 
                        to global climate change.
                          ``(ii) For purposes of determining 
                        whether a stationary source has 
                        undertaken `construction' pursuant to 
                        section 165(a), such determination 
                        shall not be based on an increase in 
                        the amount of any air pollutant subject 
                        to regulation solely on the basis of 
                        such pollutant's contribution to global 
                        climate change, nor be based on 
                        resulting emissions of such an air 
                        pollutant not previously emitted.
                  ``(B) Excluding small greenhouse gas sources 
                from permitting requirements.--No requirement 
                of sections 160 through 169 shall apply with 
                respect to any greenhouse gas unless such gas 
                is subject to regulation under this Act for 
                reasons independent of its effects on global 
                climate change or the gas is emitted by a 
                source that is--
                          ``(i) a new major emitting facility 
                        that will emit, or have the potential 
                        to emit, greenhouse gases in an amount 
                        of at least 75,000 tons carbon dioxide 
                        equivalent per year; or
                          ``(ii) an existing major emitting 
                        facility that undertakes construction 
                        which increases the amount of 
                        greenhouse gases, or which results in 
                        emission of greenhouse gases not 
                        previously emitted, on a mass basis and 
                        by at least 75,000 tons carbon dioxide 
                        equivalent per year.
          ``(2) Special rule.--Notwithstanding paragraph (1), 
        as of July 1, 2011, for purposes of section 160 through 
        169, the term `major emitting facility' shall include a 
        stationary source--
                  ``(A) that is--
                          ``(i) a new stationary source that 
                        will emit, or have the potential to 
                        emit, greenhouse gases of at least 
                        100,000 tons carbon dioxide equivalent 
                        per year (or such other quantity 
                        between 50,000 and 100,000 set by the 
                        Administrator by regulation effective 
                        no earlier than July 1, 2013); or
                          ``(ii) an existing stationary source 
                        that emits greenhouse gases of at least 
                        100,000 tons carbon dioxide equivalent 
                        per year (or such other quantity 
                        between 50,000 and 100,000 set by the 
                        Administrator by regulation effective 
                        no earlier than July 1, 2013) and that 
                        undertakes a physical change or change 
                        in the method of operation that will 
                        result in an emissions increase of 
                        greenhouse gases of at least 75,000 
                        tons carbon dioxide equivalent per year 
                        (or such other quantity between 50,000 
                        and 75,000 set by the Administrator by 
                        regulation effective no earlier than 
                        July 1, 2013); and
                  ``(B) that has greenhouse gas emissions equal 
                to or exceeding 250 tons per year mass 
                emissions or, in the case of any of the types 
                of stationary sources identified in section 
                169(1), 100 tons per year mass emissions.
          ``(3) Nonprofit institutions.--For purposes of 
        section 169(1), no provision in this subsection shall 
        include within the term `major emitting facility' any 
        new or modified facility which is a nonprofit health or 
        educational institution which has been exempted by the 
        state in which it is located.
  ``(b) Title V Operating Permits.--
          ``(1) General rule.--Notwithstanding any provision of 
        this title or title V, no stationary source shall be 
        required to apply for, or operate pursuant to, a permit 
        under title V, solely due to its status as a major 
        source of greenhouse gases that are subject to 
        regulation under this Act solely on the basis of their 
        effect on global climate change.
          ``(2) Special rule.--As of July 1, 2011, the 
        provisions of paragraph (1) of this subsection shall 
        not apply to any stationary source that emits or has 
        the potential to emit at least 100,000 tons per year 
        carbon dioxide equivalent (or such other quantity 
        between 50,000 and 100,000 set by the Administrator by 
        regulation effective no earlier than July 1, 2013).
  ``(c) Definition of Greenhouse Gas.--For purposes of this 
section, the term `greenhouse gas' means the following:
          ``(1) Carbon dioxide.
          ``(2) Methane.
          ``(3) Nitrous oxide.
          ``(4) Sulfur hexafluoride.
          ``(5) Hydrofluorocarbons.
          ``(6) Perfluorocarbons.
          ``(7) Nitrogen trifluoride.
          ``(8) Any other anthropogenic gas if the 
        Administrator determines that one ton of such gas has 
        the same or greater effect on global climate change as 
        does one ton of carbon dioxide.''.

                                  
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