Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change.
Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits.
Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change.
Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 482 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 482
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2011
Mr. Inhofe (for himself, Mr. Alexander, Ms. Ayotte, Mr. Barrasso, Mr.
Blunt, Mr. Boozman, Mr. Burr, Mr. Chambliss, Mr. Coats, Mr. Coburn, Mr.
Cochran, Mr. Corker, Mr. Cornyn, Mr. Crapo, Mr. DeMint, Mr. Ensign, Mr.
Enzi, Mr. Graham, Mr. Grassley, Mr. Hatch, Mr. Hoeven, Mrs. Hutchison,
Mr. Isakson, Mr. Johanns, Mr. Johnson of Wisconsin, Mr. Kyl, Mr. Lee,
Mr. Lugar, Mr. McConnell, Mr. Moran, Ms. Murkowski, Mr. Paul, Mr.
Portman, Mr. Risch, Mr. Roberts, Mr. Rubio, Mr. Sessions, Mr. Shelby,
Mr. Thune, Mr. Toomey, Mr. Vitter, Mr. Wicker, Mr. McCain, and Mr.
Manchin) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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.
(a) In General.--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. Nothwithstanding 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' (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, and demonstration 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 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 air 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
(Dec. 15, 2009).
``(C) `Reconsideration of the 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' (Dec.
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; Final Rule', 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 action 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) Provisions 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 for 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 considered to waive
the application of subsection (a).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Sponsor introductory remarks on measure. (CR S1517-1518)
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