Energy Tax Prevention Act of 2011 (S. 482)
Key InformationSponsor: Inhofe (R-OK)
Status: Rejected by Floor Vote (
The EPA Administrator is prohibited from promulgating regulation concerning, taking action relating to, or taking into consideration the emission of a GHG to address climate change. No GHG can be considered an air pollutant under the CAA unless for reasons other than climate change. Light-duty and heavy-duty vehicle standards remain in effect.
Section 2. No Regulation of Emissions of Greenhouse Gases
- Title III of the Clean Air Act (42 U.S.C. 7601) is amended to prohibit the Administrator of the EPA from promulgating regulations concerning, taking action relation to, or taking into consideration the emission of a GHG to address climate change.
- Light-Duty Vehicle GHG Emission Standards and CAFE rule (for 2012-2016) (75 Fed. Reg. 25324), and Proposed Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles rule (for 2014-2018) (75 Fed. Reg. 74152) remain in effect.
Also excepted from the prohibition are:
- implementation and enforcement of CAA title VI (stratospheric ozone protection), to the extent related only to one or more CAA class I or II substances (certain CFCs and HFCs);
- implementation and enforcement of §211(o) (the renewable fuel program);
- statutorily authorized federal research, development, voluntary reporting, and demonstration programs addressing climate change; or
- implementation and enforcement of §821 (monitoring, reporting, and recordkeeping requirements)
- State Implementation Plan (SIP) provisions relating to GHGs and operating permit programs under CAA title V relating to limitations on GHG emissions to address climate change are not federally enforceable; are not deemed part of federal law; and are deemed stricken from the SIP, program, or permit. The EPA Administrator may not approve these provisions or make them federally enforceable.
- Provisions regarding SIPs and state permitting programs do 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 GHG.
Section 3.Preserving One National Standard for Automobiles
GHGs are excluded from CAA §209(b) waiver authority for new motor vehicles or new motor vehicle engines for model year 2017 or later.
» Cosponsors: Alexander (R-TN), Ayotte (R-NH), Barrasso (R-WY), Blunt (R-MO), Boozman (R-AR), Burr (R-NC), Chambliss (R-GA), Coats (R-IN), Coburn (R-OK), Cochran (R-MS), Corker (R-TN), Cornyn (R-TX), Crapo (R-ID), DeMint (R-SC), Ensign (R-NV), Enzi (R-WY), Graham (R-SC), Grassley, (R-IA), Hatch (R-UT), Heller (R-NV), Hoeven (R-ND), Hutchison (R-TX), Isakson (R-GA), Johanns (R-NE), Johnson (R-WI), Kyl (R-AZ), Lee (R-UT), Lugar (R-IN), Manchin (D-WV), McCain (R-AZ), McConnell (R-KY), Moran (R-KS), Murkowski (R-AK), Paul (R-KY), Portman (R-OH), Risch (R-ID), Roberts (R-KS), Rubio (R-FL), Sessions (R-AL), Thune (R-SD), Toomey (R-PA), Vitter (R-LA), Wicker (R-MS)