99–008 

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. 


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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. 


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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 


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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, 


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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; 


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(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 


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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: 


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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— 


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(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 OF- FERED 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 PER- MITTING 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 


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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. 


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‘‘(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.’’. 

Æ 


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