Sec. 301. Repeal of EPA climate change regulation
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/bill/113/hr/3033/ih/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term greenhouse gas means any of the following: Carbon dioxide. Methane. Nitrous oxide. Sulfur hexafluoride. Any hydrofluorocarbon. Any perfluorocarbon. Nitrogen trifluoride. Any other substance subject to regulation, action, or consideration due to the contribution of the substance to climate change. The term stationary source has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ).
Except as provided in subparagraph (B), the President or the head of a Federal department or agency may not promulgate regulations providing for the control of emissions of a greenhouse gas, enforce or implement any law (including a regulation) enacted or promulgated as of the date of enactment of this Act that provides for the control of emissions of a greenhouse gas, take action relating to or take into consideration the climate effects of emissions of a greenhouse gas, consider climate effects in implementing or enforcing any law (including a regulation), or condition or deny any approval based on climate effects.
The limitation under subparagraph
(A)does not prohibit— regulation of, action with respect to, or consideration of a greenhouse gas under title VI of the Clean Air Act ( 42 U.S.C. 7671 et seq. ) other than for the potential or actual effect of the greenhouse gas on climate change; or voluntary incentive programs to promote the development or deployment of technologies that reduce greenhouse gas emissions. The authority of the Secretary of Transportation under chapter 329 of title 49, United States Code— does not include any authority with respect to greenhouse gases; and is unaffected by this section. Notwithstanding any provision to the contrary in this Act, the requirements set forth in the final rule entitled Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final Rule (75 Fed. Reg. 25324 (May 7, 2010)), and the final rule entitled 2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards (77 Fed. Reg. 62624 (October 15, 2012)), shall remain in effect without further modification or revision. Nothing in this paragraph affects— any challenge to the final rule described in clause
(ii)that— as of the date of enactment of this Act, is pending in court; or is filed after that date of enactment; or any pending or future challenge to any current or future rules promulgated under the authority referred to in clause (i). Except as provided in subparagraph (C), each rule promulgated and action taken by the Administrator before the date of enactment of this Act to regulate greenhouse gases for effects relating to atmospheric concentrations of greenhouse gases (including climate change), shall have no force or effect. Neither the regulations referred to in subparagraph (C)(ii) nor any other provision of law (including a regulation) or action relating to greenhouse gases shall— have any impact on the regulation of stationary sources under title I of the Clean Air Act (42 U.S.C. 7401 et seq.); or be considered to be the regulation of pollutants under that Act ( 42 U.S.C. 7401 et seq. ) for any purpose (other than for the regulation of greenhouse gas emissions for light-duty motor vehicles from model years 2012 and later, as required by the rules described in subparagraph (C)(ii)), including for the purpose of issuing permits or establishing regulatory standards. Section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) is amended by adding at the end the following: Notwithstanding any other provision of this Act or any other law— no request for a waiver of the application of this section by any State for standards to control emissions of any air pollutant that is a greenhouse gas (as defined in section 301 of the Energy Security and Employment Act) from new motor vehicles or new motor vehicle engines of model year 2017 or later may be granted by the Administrator; and no grant of any waiver by the Administrator before the date of enactment of this paragraph shall be considered by the Administrator, the requesting State, or any court as waiving the application of subsection (a), or any other provision of this section, to standards adopted by the State for control of emissions of any air pollutant that is a greenhouse gas (as defined in section 301 of the Energy Security and Employment Act) from new motor vehicles or new motor vehicle engines of model year 2017 or later. . Any provision of a State implementation plan designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants, or otherwise authorizing or requiring limitations on the emission of greenhouse gases under State law— shall not be federally enforceable; shall not be deemed to be Federal law; and shall be deemed to be stricken from the State implementation plan. Subject to subclause (II), nothing in this section affects any State law (including a regulation) or the authority of any State to adopt a law or promulgate a regulation. Notwithstanding subclause (I), the Administrator shall have no authority to approve or make federally enforceable any provision of a State implementation plan requiring the control of greenhouse gas emissions. If, as a result of the regulations described in subparagraph (D), a State adopted any law (including a regulation) designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants, or authorizing or requiring limitations on the emission of greenhouse gases under State law, the State may amend the adopted law to remove any restrictions on greenhouse gas emissions. The Administrator shall have no authority to approve or make federally enforceable any provision of a State implementation plan requiring the control of greenhouse gas emissions. Except as authorized by this paragraph or another Act of Congress, the President or the head of a Federal department or agency may not examine or make findings or conclusions, for purposes of promulgating or issuing policy, guidance, or regulations to address the impacts of greenhouse gas emissions on climate change. In addition to any other remedies available, any person affected by a regulation, action, or consideration concerning the control of emissions of a greenhouse gas that fails to meet the criteria described in subparagraph
(A)may challenge the regulation, action, or consideration. The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any review of any Federal, State, or other regulation, action, or consideration challenged under clause (i). No cause of action, whether based on common law or civil tort (including nuisance) or any other legal or equitable theory, may be brought or maintained, and no liability, money damages, or injunctive relief arising from such an action may be imposed, for— any potential or actual contribution of a greenhouse gas to climate change; or any direct or indirect effect of potential or actual atmospheric concentrations of a greenhouse gas. No State shall have authority— to require any entity to procure, hold, or surrender allowances for the emission of greenhouse gases that takes place outside of the State; or to otherwise— regulate or tax, directly or indirectly, greenhouse gas emissions produced outside of the State; or to otherwise limit the importation of products or electricity into the State based on greenhouse gas emissions occurring outside the State.
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- 75 FR 25324
- 77 FR 62624
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Sec. 301
Repeal of EPA climate change regulation
Fed. Reg.75 FR 25324
Fed. Reg.77 FR 62624
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