S.Amdt. 2530

SA 2530. Ms. MURKOWSKI (for herself and Mr. Thune) submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 192, between lines 6 and 7, insert the following:

General Provisions, Environmental Protection Agency

carbon dioxide

Sec. 201. (a) No action taken by the Environmental Protection Agency using funds made available under this Act shall have the effect of making carbon dioxide a pollutant subject to regulation under the Clean Air Act (42 U.S.C. 7401 et seq.) for any source other than a mobile source as described in section 202(a) of that Act (42 U.S.C. 7521(a)).

(b) Nothing in this section prohibits the expenditure of funds by the Environmental Protection Agency--

(1) to undertake studies or conduct reasonable information-gathering that is preparatory to the regulation of carbon dioxide under the Clean Air Act (42 U.S.C. 7401 et seq.);

(2) to implement the renewable fuels standard requirements of section 211(o) of that Act (42 U.S.C. 7545(o));

(3) to continue to issue permits for the construction or modification of any sources other than a mobile source (as described in section 202(a) of that Act (42 U.S.C. 7521(a))) in areas for which the Administrator of the Environmental Protection Agency has jurisdiction, including certain portions of the outer Continental Shelf;

(4) to issue regulations governing the injection of carbon dioxide underground to enable the development of clean coal power generation facilities, including facilities eligible for funding under the Clean Coal Power Initiative of the Department of Energy and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5);

(5) to issue and enforce regulations relating to the reporting of greenhouse gas emissions;

(6) to develop, or collaborate with other agencies on the development of, an innovative, voluntary carbon offset program or other approaches (including assistance measures to energy and trade intensive manufacturers) designed to lower the costs that may be associated with any global climate change mitigation measures established or approved by Congress;

(7) to permit energy infrastructure construction on or near Federal land; or

(8) to finalize and apply the proposed rule entitled “Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act” (74 Fed. Reg. 18886 (April 24, 2009)), if the rule and the consequences of the rule are limited solely to section 202(a) of that Act (42 U.S.C. 7521(a)).