Sec. 5. Amendments to the Clean Air Act

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Title III of the Clean Air Act ( 42 U.S.C. 7601 ) is amended by adding at the end the following: Unless specifically authorized in section 202, 211, 213, or 231 or this section, if a tax is imposed by part II or III of subchapter E of chapter 38 of the Internal Revenue Code of 1986 with respect to a covered fuel, the Administrator shall not enforce any rule limiting the emission of greenhouse gases from the combustion of that fuel under this Act (or impose any requirement on any State to limit such emission) on the basis of the emission’s greenhouse gas effects.

Unless specifically authorized in section 202, 211, 213, or 231 or this section, if a tax is imposed by part IV of subchapter E of chapter 38 of the Internal Revenue Code of 1986 with respect to a fluorinated greenhouse gas, the Administrator shall not enforce any rule limiting such gas under this Act (or impose any requirement on any State to limit such gas) on the basis of the greenhouse gas effects of such gas. Notwithstanding subsections

(a)and (b), nothing in this section limits the Administrator’s authority pursuant to any other provision of this Act— to limit the emission of any greenhouse gas because of any adverse impact on health or welfare other than its greenhouse gas effects; in limiting emissions as described in paragraph (1), to consider the collateral benefits of limiting the emissions because of greenhouse gas effects; to limit the emission of black carbon or any other pollutant that is not a greenhouse gas that the Administrator determines by rule has heat-trapping properties; or to take any action with respect to any greenhouse gas other than limiting its emission, including— monitoring, reporting, and record-keeping requirements; conducting or supporting investigations; and information collection. Notwithstanding subsections

(a)and (b), nothing in this section limits the Administrator’s authority to regulate greenhouse gas emissions from— sources that— are subject to subpart OOOO or OOOOa of part 60 of title 40, Code of Federal Regulations, as in effect or January 1, 2018; or would be subject to such subpart OOOO or subpart OOOOa if such subpart applied regardless of the date on which construction, modification, or reconstruction of the source involved commenced; or POTW Treatment Plants (as defined in section 403.3(r) of title 40, Code of Federal Regulations). The Administrator shall make a determination by March 30, 2030, and no less than once every five years thereafter, as to whether cumulative greenhouse gas emissions from covered fuels subject to tax under part II or III of subchapter E of chapter 38 of the Internal Revenue Code of 1986 during the period from calendar year 2022 through the calendar year preceding the determination exceed the cumulative emissions for that period that would have occurred if subsection

(a)had not applied during such period. If the Administrator determines under paragraph

(1)that cumulative greenhouse gas emissions from covered fuels subject to tax under part II or III of subchapter E of chapter 38 of the Internal Revenue Code of 1986 exceed the cumulative emissions for the period covered by the determination that would have occurred if subsection

(a)had not applied during such period, then subsections

(a)and

(b)of this section, and the prohibition in section 211(c)(5) of this Act, shall cease to apply as of such determination. If the Administrator makes the determination described in subsection (e)(2), the Administrator shall— issue such regulations as the Administrator deems necessary to bring greenhouse gas emissions from covered fuels subject to tax under part II or III of subchapter E of chapter 38 of the Internal Revenue Code of 1986 to levels that are at or below the level at which such emissions would have been if subsection

(a)had never applied, and require in such regulations that additional reductions in greenhouse gas emissions are achieved to fully compensate for any amount by which greenhouse gas emissions from such fuels during the period referred to in subsection (e)(2) exceeded the levels at which such emissions would have been if subsection

(a)had never applied. The Administrator shall finalize any regulations required by paragraph

(1)not later than two years after the Administrator makes the relevant determination pursuant to such paragraph. Regulations issued pursuant to paragraph

(1)shall ensure that any additional reductions required by paragraph (1)(B) are fully achieved by no later than eight years after the Administrator makes the determination described in subsection (e)(1). In this section— The term greenhouse gas means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbon (PFCs), and other gases as defined by rule of the Administrator. The term greenhouse gas effect means the adverse effects of greenhouse gases on health or welfare caused by the greenhouse gas’s heat-trapping potential or its effect on ocean acidification. . Section 202(b) of the Clean Air Act ( 42 U.S.C. 7521(b) ) is amended— by redesignating the second paragraph

(3)(as redesignated by section 230(4)(C) of Public Law 101–549 (104 Stat. 2529)) as paragraph (4); and by adding at the end the following: Notwithstanding subsections

(a)and

(b)of section 330, the Administrator may— limit the emission of any greenhouse gas (as defined in section 330(g)) on the basis of the emission’s greenhouse gas effects (as defined in such section) from any class or classes of new motor vehicles or new motor vehicle engines subject to regulation under subsection (a)(1); and grant a waiver under section 209(b)(1) for standards for the control of greenhouse gas emissions. . Section 211(c) of the Clean Air Act ( 42 U.S.C. 7545(c) ) is amended by adding at the end the following new paragraph: The Administrator shall not, pursuant to this subsection, impose on any manufacturer or processor of fuel any requirement for the purpose of reducing the emission of any greenhouse gas (as defined in section 330(g)) produced by combustion of the fuel on the basis of the emission’s greenhouse gas effects (as defined in such section). . Section 213 of the Clean Air Act ( 42 U.S.C. 7547 ) is amended by adding at the end the following: Notwithstanding section 330(a), the Administrator may limit the emission of any greenhouse gas (as defined in section 330(g)) on the basis of the emission’s greenhouse gas effects (as defined in such section) from any nonroad engines and nonroad vehicles subject to regulation under this section. . Section 231 of the Clean Air Act ( 42 U.S.C. 7571 ) is amended by adding at the end the following new subsection: Notwithstanding subsections

(a)and

(b)of section 330, the Administrator may limit the emission of any greenhouse gas (as defined in section 330(g)) on the basis of the emission’s greenhouse gas effects (as defined in such section) from any class or classes of aircraft engines, so long as any such limitation is not more stringent than the standards adopted by the International Civil Aviation Organization. .

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