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April 5, 2011, 8:00 pm ET - Amendment SA 236 proposed by Senator Landrieu for Senator Baucus.
April 6, 2011, 12:05 pm ET - On the Amendment S.Amdt. 236 to S. 493 (SBIR/STTR Reauthorization Act of 2011)

Full Text of this Amendment

SA 236. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:
SEC. __. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING REQUIREMENTS.
(a) Purposes.--The purposes of this section are--
(1) to ensure that the greenhouse gas emissions from certain sources will not require a permit under the Clean Air Act (42 U.S.C. 7401 et seq.); and
(2) to exempt greenhouse gas emissions from certain agricultural sources from permitting requirements under that Act.
(b) Amendment.--Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following:
"SEC. 329. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING REQUIREMENTS.
"(a) Definition of Greenhouse Gas.--In this section, the term `greenhouse gas' means any of the following:
"(1) Carbon dioxide.
"(2) Methane.
"(3) Nitrous oxide.
"(4) Sulfur hexafluoride.
"(5) Hydrofluorocarbons.
"(6) Perfluorocarbons.
"(7) Nitrogen trifluoride.
"(8) Any other anthropogenic gas, if the Administrator determines that 1 ton of the gas has the same or greater effect on global climate change as does 1 ton of carbon dioxide.
"(b) New Source Review.--
"(1) MODIFICATION OF DEFINITION OF AIR POLLUTANT.--For purposes of determining whether a stationary source is a major emitting facility under section 169(1) or has undertaken construction pursuant to section 165(a), the term `air pollutant' shall not include any greenhouse gas unless the gas is subject to regulation under this Act for reasons independent of the effects of the gas on global climate change.
"(2) THRESHOLDS FOR EXCLUSIONS FROM PERMIT PROVISIONS.--No requirement of part C of title I shall apply with respect to any greenhouse gas unless the gas is subject to regulation under this Act for reasons independent of the effects of the gas on global climate change or the gas is emitted by a stationary source--
"(A) that is--
"(i) a new major emitting facility that will emit, or have the potential to emit, greenhouse gases in a quantity of at least 75,000 tons of carbon dioxide equivalent per year; or
"(ii) an existing major emitting facility that undertakes construction which increases the quantity of greenhouse gas emissions, or which results in emission of greenhouse gases not previously emitted, of at least 75,000 tons carbon dioxide equivalent per year; and
"(B) that has greenhouse gas emissions equal to or exceeding 250 tons per year in mass emissions or, in the case of any of the types of stationary sources identified in section 169(1), 100 tons per year in mass emissions.
"(3) AGRICULTURAL SOURCES.--In calculating the emissions or potential emissions of a source or facility, emissions of greenhouse gases that are subject to regulation under this Act solely on the basis of the effect of the gases on global climate change shall be excluded if the emissions are from--
"(A) changes in land use;
"(B) the raising of commodity crops, stock, dairy, poultry, or fur-bearing animals, or the growing of fruits or vegetables; or
"(C) farms, plantations, ranches, nurseries, ranges, orchards, and greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.
"(c) Title V Operating Permits.--Notwithstanding any provision of title III or title V, no stationary source shall be required to apply for, or operate pursuant to, a permit under title V, solely on the basis of the emissions of the stationary source of greenhouse gases that are subject to regulation under this Act solely on the basis of the effect of the greenhouse gases on global climate change, unless those emissions from that source are subject to regulation under this Act.".


(As printed in the Congressional Record for the Senate on Mar 16, 2011.)