To prohibit the regulation of greenhouse gases from certain sources.

SA 236. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 493, to reauthorize and improve the SBIR and STTR
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end, add the following:

SEC. __. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING
REQUIREMENTS.

(a) Purposes.--The purposes of this section are--
(1) to ensure that the greenhouse gas emissions from
certain sources will not require a permit under the Clean Air
Act (42 U.S.C. 7401 et seq.); and
(2) to exempt greenhouse gas emissions from certain
agricultural sources from permitting requirements under that
Act.
(b) Amendment.--Title III of the Clean Air Act (42 U.S.C.
7601 et seq.) is amended by adding at the end the following:

``SEC. 329. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING
REQUIREMENTS.

``(a) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' means any of the following:
``(1) Carbon dioxide.
``(2) Methane.
``(3) Nitrous oxide.
``(4) Sulfur hexafluoride.
``(5) Hydrofluorocarbons.
``(6) Perfluorocarbons.
``(7) Nitrogen trifluoride.
``(8) Any other anthropogenic gas, if the Administrator
determines that 1 ton of the gas has the same or greater
effect on global climate change as does 1 ton of carbon
dioxide.
``(b) New Source Review.--
``(1) Modification of definition of air pollutant.--For
purposes of determining whether a stationary source is a
major emitting facility under section 169(1) or has
undertaken construction pursuant to section 165(a), the term
`air pollutant' shall not include any greenhouse gas unless
the gas is subject to regulation under this Act for reasons
independent of the effects of the gas on global climate
change.
``(2) Thresholds for exclusions from permit provisions.--No
requirement of part C of title I shall apply with respect to
any greenhouse gas unless the gas is subject to regulation
under this Act for reasons independent of the effects of the
gas on global climate change or the gas is emitted by a
stationary source--
``(A) that is--
``(i) a new major emitting facility that will emit, or have
the potential to emit, greenhouse gases in a quantity of at
least 75,000 tons of carbon dioxide equivalent per year; or
``(ii) an existing major emitting facility that undertakes
construction which increases the quantity of greenhouse gas
emissions, or which results in emission of greenhouse gases
not previously emitted, of at least 75,000 tons carbon
dioxide equivalent per year; and
``(B) that has greenhouse gas emissions equal to or
exceeding 250 tons per year in mass emissions or, in the case
of any of the types of stationary sources identified in
section 169(1), 100 tons per year in mass emissions.
``(3) Agricultural sources.--In calculating the emissions
or potential emissions of a source or facility, emissions of
greenhouse gases that are subject to regulation under this
Act solely on the basis of the effect of the gases on global
climate change shall be excluded if the emissions are from--
``(A) changes in land use;
``(B) the raising of commodity crops, stock, dairy,
poultry, or fur-bearing animals, or the growing of fruits or
vegetables; or
``(C) farms, plantations, ranches, nurseries, ranges,
orchards, and greenhouses or other similar structures used
primarily for the raising of agricultural or horticultural
commodities.
``(c) Title V Operating Permits.--Notwithstanding any
provision of title III or title V, no stationary source shall
be required to apply for, or operate pursuant to, a permit
under title V, solely on the basis of the emissions of the
stationary source of greenhouse gases that are subject to
regulation under this Act solely on the basis of the effect
of the greenhouse gases on global climate change, unless
those emissions from that source are subject to regulation
under this Act.''.
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