Bill summaries are authored by CRS.

Shown Here:
Passed House amended (04/07/2011)

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 and voluntary 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 the following rules and actions:

  • "Mandatory Reporting of Greenhouse Gases"
  • "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act"
  • "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" and the memorandum, "EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program"
  • "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule"
  • "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"
  • "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"
  • "Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan"
  • "Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule"
  • "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program"
  • "Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans"
  • "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule"
  • Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG 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.

Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system; (2) addressing climate change is an international issue, involving complex scientific and economic considerations; and (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment.