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.

SA 183. Mr. McCONNELL proposed an amendment to the bill S. 493, to
reauthorize and improve the SBIR and STTR programs, and for other
purposes; as follows:

At the end, add the following:

TITLE VI--ENERGY TAX PREVENTION

SEC. 601. SHORT TITLE.

This title may be cited as the ``Energy Tax Prevention Act
of 2011''.

SEC. 602. 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. 603. 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).''.
______