Amendments to the Clean Air Act

(a) In general Title III of the Clean Air Act (42 U.S.C. 7601) is amended by adding at the end the following: 330. Moratorium against certain regulations based on greenhouse gas effects (a) Fuels Unless specifically authorized in section 202, 211, 213, 231, or this section, after a fossil fuel has passed through a point of taxation as provided in section 9901(d) of the Internal Revenue Code of 1986, subject to subsection (g), the Administrator shall not issue or 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. (b) Emissions Unless specifically authorized in section 202, 211, 213, 231, or this section, if emission of any greenhouse gas is subject to taxation pursuant to section 9902 or 9903 of the Internal Revenue Code of 1986, the Administrator shall not issue or enforce any rule limiting such emission under this Act (or impose any requirement on any State to limit such emission) on the basis of the emission’s greenhouse gas effects. (c) Authorized regulation Notwithstanding subsections (a) and (b), nothing in this section limits the Administrator’s authority pursuant to any other provision of this Act— (1) to limit the emission of any greenhouse gas because of any adverse impact on health or welfare other than its greenhouse gas effects; (2) in limiting emissions as described in paragraph (1), to consider the collateral benefits of limiting the emissions because of greenhouse gas effects; (3) to limit the emission of any other pollutant that is not a greenhouse gas that the Administrator determines by rule has heat-trapping properties; or (4) to take any action with respect to any greenhouse gas other than limiting its emission, including— (A) monitoring, reporting, and record-keeping requirements; (B) conducting or supporting investigations; and (C) information collection. (d) Exception for certain greenhouse gas emissions Notwithstanding subsections (a) and (b), nothing in this section limits the Administrator’s authority to regulate greenhouse gas emissions from— (1) facilities that— (A) are subject to subpart OOOO or OOOOa of part 60 of title 40, Code of Federal Regulations, as in effect on January 1, 2018, or (B) would be subject to either subpart OOOO or OOOOa if those subparts applied to facilities without regard to the date on which construction, modification, or reconstruction commenced, and (2) POTW Treatment Plants (as defined in section 403.3(r) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section)). (e) Definitions In this section, the terms greenhouse gas and greenhouse gas effects have the meanings given to those terms in section 9907 of the Internal Revenue Code of 1986. (f) Moratorium expiration Subsections (a) and (b) shall cease to apply beginning on January 1, 2039. (g) Exceptions (1) 2030 Notwithstanding subsections (a) and (b) of this section and section 211(c)(5) of this Act, if the Administrator determines by March 30, 2031, pursuant to the report required by section 9901(b)(3)(A) of the Internal Revenue Code of 1986, that total greenhouse gas emissions from sources subject to taxation under sections 9901 through 9903 of such Code during the period of calendar years 2027 through 2030 exceed the emission level specified in section 9901(b)(3)(A) of such Code for calendar year 2030, then beginning on October 1, 2031, subsections (a) and (b) shall cease to apply. (2) 2034 Notwithstanding subsections (a) and (b) of this section and section 211(c)(5) of this Act, if the Administrator determines by March 30, 2035, pursuant to the report required by section 9901(b)(3)(A) of the Internal Revenue Code of 1986, that total greenhouse gas emissions from sources subject to taxation under sections 9901 through 9903 of such Code during the period of calendar years 2027 through 2034 exceed the emission level specified in section 9901(b)(3)(A) of such Code for calendar year 2034, then beginning on October 1, 2035, subsections (a) and (b) shall cease to apply.. (b) New motor vehicles and new motor vehicle engines Section 202(b) of the Clean Air Act (42 U.S.C. 7521(b)) is amended— (1) 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 (2) by adding at the end the following: (5) Notwithstanding section 330(a), the Administrator may— (A) limit the emission of any greenhouse gas (as defined in section 9907 of the Internal Revenue Code of 1986) on the basis of the emission’s greenhouse gas effects (as defined in section 9907 of the Internal Revenue Code of 1986) from any class or classes of new motor vehicles or new motor vehicle engines subject to regulation under subsection (a)(1); and (B) grant a waiver under section 209(b)(1) for standards for the control of greenhouse gas emissions.. (c) Fuels 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: (5) Except as required in subsection (o), the Administrator shall not, pursuant to this subsection, impose on any manufacturer, processor, or distributor of fuel any requirement for the purpose of reducing the emission of any greenhouse gas (as defined in section 9907 of the Internal Revenue Code of 1986) produced by combustion of the fuel on the basis of the emission’s greenhouse gas effects (as defined in section 9907 of the Internal Revenue Code of 1986).. (d) Nonroad engines and vehicles emissions standards Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended by adding at the end the following: (e) Greenhouse gas emissions Notwithstanding subsections (a) and (b) of section 330, the Administrator may limit the emission of any greenhouse gas (as defined in section 9907 of the Internal Revenue Code of 1986) on the basis of the emission’s greenhouse gas effects (as defined in section 9907 of the Internal Revenue Code of 1986) from any nonroad engines and nonroad vehicles subject to regulation under this section.. (e) Aircraft emission standards Section 231 of the Clean Air Act (42 U.S.C. 757) is amended by adding at the end the following new subsection: (d) Notwithstanding subsections (a) and (b) of section 330, the Administrator may limit the emission of any greenhouse gas (as defined in section 9907 of the Internal Revenue Code of 1986) on the basis of the emission’s greenhouse gas effects (as defined in section 9907 of the Internal Revenue Code of 1986) 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..