IIB 
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 promul-
gating any regulation concerning, taking action relating 
to, or taking into consideration the emission of a green-
house gas to address climate change, and for other pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives 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 GREEN-
HOUSE GASES. 
‘‘(a) DEFINITION.—In this section, the term ‘green-
house 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 pro-
posed to be subject to, regulation, action, or consid-
eration under this Act to address climate change. 
‘‘(b) LIMITATION ON AGENCY ACTION.— 
‘‘(1) LIMITATION.— 
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‘‘(A) IN
GENERAL.—The Administrator 
may not, under this Act, promulgate any regu-
lation concerning, take action relating to, or 
take into consideration the emission of a green-
house 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. Not-
withstanding the previous sentence, such defini-
tion 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 en-
titled ‘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, implementa-
tion, enforcement, and revision of the proposed 
rule entitled ‘Greenhouse Gas Emissions Stand-
ards 
and 
Fuel 
Efficiency 
Standards 
for 
Medium- and Heavy-Duty Engines and Vehi-
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cles’ published at 75 Fed. Reg. 74152 (Novem-
ber 30, 2010). 
‘‘(B) Implementation and enforcement of 
section 211(o). 
‘‘(C) Statutorily authorized Federal re-
search, 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.—Noth-
ing listed in paragraph (2) shall cause a greenhouse 
gas to be subject to part C of title I (relating to pre-
vention 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 supple-
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ment or revision to such rules and actions) are re-
pealed and shall have no legal effect: 
‘‘(A) ‘Mandatory Reporting of Greenhouse 
Gases’, published at 74 Fed. Reg. 56260 (Octo-
ber 30, 2009). 
‘‘(B) ‘Endangerment and Cause or Con-
tribute 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’, pub-
lished at 75 Fed. Reg. 17004 (April 2, 2010) 
and the memorandum from Stephen L. John-
son, Environmental Protection Agency (EPA) 
Administrator, to EPA Regional Administra-
tors, concerning ‘EPA’s Interpretation of Regu-
lations that Determine Pollutants Covered by 
Federal Prevention of Significant Deterioration 
(PSD) Permit Program’ (December 18, 2008). 
‘‘(D) ‘Prevention of Significant Deteriora-
tion and Title V Greenhouse Gas Tailoring 
Rule’, published at 75 Fed. Reg. 31514 (June 
3, 2010). 
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‘‘(E) ‘Action To Ensure Authority To 
Issue Permits Under the Prevention of Signifi-
cant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Finding of Sub-
stantial 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 Signifi-
cant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Finding of Failure 
To Submit State Implementation Plan Revi-
sions Required for Greenhouse Gases’, pub-
lished 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 Green-
house Gas Emissions: Federal Implementation 
Plan’, published at 75 Fed. Reg. 82246 (De-
cember 30, 2010). 
‘‘(H) ‘Action to Ensure Authority to Im-
plement Title V Permitting Programs Under 
the Greenhouse Gas Tailoring Rule’, published 
at 75 Fed. Reg. 82254 (December 30, 2010). 
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‘‘(I) ‘Determinations Concerning Need for 
Error Correction, Partial Approval and Partial 
Disapproval, and Federal Implementation Plan 
Regarding Texas Prevention of Significant De-
terioration Program’, published at 75 Fed. Reg. 
82430 (December 30, 2010). 
‘‘(J) ‘Limitation of Approval of Prevention 
of Significant Deterioration Provisions Con-
cerning 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 De-
terioration 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 oc-
curring before the date of enactment of this 
section that applies a stationary source permit-
ting requirement or an emissions standard for 
a greenhouse gas to address climate change. 
‘‘(5) STATE ACTION.— 
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‘‘(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 
sub-
paragraph (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 de-
scribed in clause (ii)(II), as applicable. 
‘‘(ii) PROVISION DEFINED.—For pur-
poses of clause (i), the term ‘provision’ 
means any provision that— 
‘‘(I) is contained in a State im-
plementation 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 
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‘‘(II) is part of an operating per-
mit program under title V, or a per-
mit 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 feder-
ally enforceable any provision described in sub-
paragraph (B)(ii).’’. 
SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTO-
MOBILES. 
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 vehi-
cles and new motor vehicle engines— 
‘‘(A) the Administrator may not waive applica-
tion of subsection (a); and 
‘‘(B) no waiver granted prior to the date of en-
actment 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— 
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