text: 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.
  
      (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. 3. 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).''.
target: Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change.
  
  Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits.
  
  Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change.
  
  Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.
feat_title: A bill to amend the Clean Air Act 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, and for other purposes.