[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1387 Reported in Senate (RS)]






                                                      Calendar No. 1067
110th CONGRESS
  2d Session
                                S. 1387

                          [Report No. 110-491]

To amend the Emergency Planning and Community Right-to-Know Act of 1986 
                    to provide for greenhouse gases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2007

  Ms. Klobuchar (for herself and Ms. Snowe) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

           September 24 (legislative day, September 17), 2008

Reported by Mrs. Boxer, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Emergency Planning and Community Right-to-Know Act of 1986 
                    to provide for greenhouse gases.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Greenhouse Gas 
Registry Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) global climate change poses a significant 
        threat to national security, the United States economy, public 
        health and welfare, and the global environment;</DELETED>
        <DELETED>    (2) high-quality data will be an important factor 
        in successfully implementing a green house gas regulatory 
        framework; and</DELETED>
        <DELETED>    (3) to begin to manage climate change risks, 
        public and private entities will need a comprehensive, accurate 
        inventory, registry, and information system of the sources and 
        quantities of United States greenhouse gas emissions.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to establish a 
mandatory greenhouse gas inventory, registry, and information system 
that--</DELETED>
        <DELETED>    (1) is complete, consistent, transparent, and 
        accurate;</DELETED>
        <DELETED>    (2) will provide accurate data that can be used by 
        public and private entities to design efficient and effective 
        greenhouse gas emission reduction strategies; and</DELETED>
        <DELETED>    (3) will provide the appropriate high-quality data 
        to be used in any future greenhouse gas regulatory 
        framework.</DELETED>

<DELETED>SEC. 3. INCLUSION OF GREENHOUSE GASES IN EMERGENCY PLANNING 
              AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986.</DELETED>

<DELETED>    (a) Inclusion on List of Greenhouse Gases.--Section 302 of 
the Emergency Planning and Community Right-to-Know Act of 1986 (42 
U.S.C. 11002) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the first sentence, by 
                        striking ``Within'' and inserting the 
                        following:</DELETED>
                <DELETED>    ``(A) In general.--Not later 
                than'';</DELETED>
                        <DELETED>    (ii) in the second sentence, by 
                        striking ``The list'' and inserting the 
                        following:</DELETED>
                <DELETED>    ``(B) Contents.--</DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), the list''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(ii) Inclusion of greenhouse 
                        gases.--Notwithstanding clause (i), the 
                        Administrator shall include greenhouse gases on 
                        the list under this paragraph.''; and</DELETED>
                <DELETED>    (B) in paragraph (3), by adding at the end 
                the following:</DELETED>
                <DELETED>    ``(D) Greenhouse gases.--Notwithstanding 
                any other provision of this section, the 
                Administrator--</DELETED>
                        <DELETED>    ``(i) shall establish a threshold 
                        planning quantity for greenhouse gases under 
                        subparagraph (A) of 1 metric ton for each 
                        greenhouse gas; and</DELETED>
                        <DELETED>    ``(ii) shall not be required to 
                        comply with subparagraph (A) for purposes of 
                        establishing the threshold planning quantity 
                        for greenhouse gases under clause (i).''; 
                        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(e) Greenhouse Gas Emissions.--</DELETED>
        <DELETED>    ``(1) Definition of affected facility.--In this 
        subsection:</DELETED>
                <DELETED>    ``(A) In general.--The term `affected 
                facility' means--</DELETED>
                        <DELETED>    ``(i) a major emitting facility 
                        (as defined in section 169 of the Clean Air Act 
                        (42 U.S.C. 7479));</DELETED>
                        <DELETED>    ``(ii) a major stationary source 
                        (as defined in section 169A(g) of that Act (42 
                        U.S.C. 7491(g)));</DELETED>
                        <DELETED>    ``(iii) an electricity generator 
                        or electric utility that emits a greenhouse 
                        gas;</DELETED>
                        <DELETED>    ``(iv) a facility that 
                        manufactures or imports a greenhouse 
                        gas;</DELETED>
                        <DELETED>    ``(v) a facility that emits 
                        nitrous oxides associated with the manufacture 
                        of adipic or nitric acid;</DELETED>
                        <DELETED>    ``(vi) an aluminum smelter that 
                        emits a greenhouse gas;</DELETED>
                        <DELETED>    ``(vii) an underground coal mine 
                        that emitted more than 35,000,000 cubic feet of 
                        methane during calendar year 2004 or 
                        thereafter;</DELETED>
                        <DELETED>    ``(viii) a facility that emits 
                        hydrofluorocarbon-23 as a byproduct of 
                        hydrochlorofluorocarbon-22; and</DELETED>
                        <DELETED>    ``(ix) any other facility of 
                        appropriate size, as determined by the 
                        Administrator, that emits a greenhouse 
                        gas.</DELETED>
                <DELETED>    ``(B) Exclusion.--The term `affected 
                facility' does not include any small business (as 
                described in part 121 of title 13, Code of Federal 
                Regulations (or a successor regulation)) that generates 
                fewer than 10,000 metric tons of greenhouse gas 
                emissions during a calendar year unless the small 
                business elects to be considered for a de minimis 
                exemption under this subsection, or elects to 
                voluntarily participate in the reporting and registry 
                under section 314, as an affected facility.</DELETED>
        <DELETED>    ``(2) De minimis exemptions.--As soon as 
        practicable after the date of enactment of this subsection, the 
        Administrator may determine the level of global warming 
        pollution emissions from a source within an affected facility 
        that shall be considered to be eligible for a de minimis 
        exemption from a requirement under this section.</DELETED>
        <DELETED>    ``(3) Requirements.--In making a determination 
        pursuant to paragraph (2), the Administrator shall--</DELETED>
                <DELETED>    ``(A) take into consideration the 
                availability and suitability of simplified techniques 
                and tools;</DELETED>
                <DELETED>    ``(B) establish criteria under which, 
                beginning in calendar year 2010, a third-party entity 
                may be qualified by the Administrator to certify 
                reported greenhouse gas emissions and emission 
                baselines of affected facilities; and</DELETED>
                <DELETED>    ``(C) to the maximum extent practicable, 
                integrate into any applicable reporting and 
                certification procedure each State administering a 
                mandatory carbon registry system, as determined by the 
                Administrator.''.</DELETED>
<DELETED>    (b) Commissions, Districts, and Committees.--Section 301 
of the Emergency Planning and Community Right-to-Know Act of 1986 (42 
U.S.C. 11001) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(e) Greenhouse Gases.--Notwithstanding any other 
provision of this Act, the establishment of a State emergency response 
commission, an emergency planning district, or an emergency planning 
committee under this section shall not be required with respect to any 
greenhouse gas.''.</DELETED>
<DELETED>    (c) Greenhouse Gas Records.--Subtitle B of the Emergency 
Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11021 et 
seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 314. GREENHOUSE GAS REPORTS AND REGISTRY.</DELETED>

<DELETED>    ``(a) Reports.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to section 301(e), each 
        affected facility (as defined in section 302(e)(1)) shall 
        submit to the appropriate State emergency response commission 
        under section 301 an annual report describing the greenhouse 
        gas emissions and applicable emission baselines of the affected 
        facility during the preceding calendar year.</DELETED>
        <DELETED>    ``(2) Requirement.--Each report submitted under 
        paragraph (1) shall express the greenhouse gas emissions of an 
        affected facility--</DELETED>
                <DELETED>    ``(A) in metric tons of each greenhouse 
                gas emitted by the affected facility; and</DELETED>
                <DELETED>    ``(B) in metric tons of the carbon dioxide 
                equivalent of each greenhouse gas so emitted.</DELETED>
<DELETED>    ``(b) Action by Commission.--Each State emergency response 
commission that receives a report under subsection (a) shall--
</DELETED>
        <DELETED>    ``(1) ensure that the report is certified in 
        accordance with regulations of the Administrator;</DELETED>
        <DELETED>    ``(2) for calendar year 2010 and each calendar 
        year thereafter, ensure that the report is certified by a 
        third-party entity as described in section 
        302(e)(3)(B);</DELETED>
        <DELETED>    ``(3) submit to the Administrator a copy of each 
        report for inclusion in the greenhouse gas registry under 
        subsection (d); and</DELETED>
        <DELETED>    ``(4) establish and maintain in the office of the 
        commission a record of each report submitted to the commission 
        under subsection (a) for each calendar year.</DELETED>
<DELETED>    ``(c) Public Access.--A State emergency response 
commission shall ensure public access to the records maintained under 
subsection (b)(3), except to the extent that information contained in 
such a record is otherwise protected from public access under this 
Act.</DELETED>
<DELETED>    ``(d) National Greenhouse Gas Registry.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Administrator, in 
        consultation with the Secretary of Commerce, the Secretary of 
        Agriculture, the Secretary of Energy, States, the private 
        sector, and nongovernmental organizations concerned with 
        establishing standards for the reporting of greenhouse gas 
        emissions, shall establish and maintain a national greenhouse 
        gas emissions registry (referred to in this subsection as the 
        `registry').</DELETED>
        <DELETED>    ``(2) Inclusions.--The Administrator shall include 
        in the registry--</DELETED>
                <DELETED>    ``(A) each report received from a State 
                emergency response commission under subsection 
                (b)(3);</DELETED>
                <DELETED>    ``(B) for each greenhouse gas emitted, 
                according to the reports, an estimate of the quantity 
                of emissions of the greenhouse gas by each category of 
                source;</DELETED>
                <DELETED>    ``(C) a detailed analysis of trends in the 
                quantity, composition, and sources of greenhouse gas 
                emissions in the Unites States; and</DELETED>
                <DELETED>    ``(D) an estimate of--</DELETED>
                        <DELETED>    ``(i) mobile source emissions of 
                        the greenhouse gas emitted as a result of 
                        combustion of fuels in transportation 
                        equipment, such as automobiles, trucks, trains, 
                        airplanes, and vessels;</DELETED>
                        <DELETED>    ``(ii) direct stationary 
                        combustion source emissions;</DELETED>
                        <DELETED>    ``(iii) the total quantity of 
                        direct greenhouse gas emissions from stationary 
                        sources, expressed in units of carbon dioxide 
                        equivalent;</DELETED>
                        <DELETED>    ``(iv) the quantity of petroleum 
                        products sold or imported by each affected 
                        facility, and the quantity of greenhouse gases, 
                        expressed in units of carbon dioxide 
                        equivalent, that would be emitted when those 
                        products are used for transportation in the 
                        United States, as determined by the 
                        Administrator;</DELETED>
                        <DELETED>    ``(v) the total quantity of 
                        reductions in greenhouse gas emissions created 
                        by greenhouse gas offsets;</DELETED>
                        <DELETED>    ``(vi) the quantity of 
                        hydrofluorocarbons, perfluorocarbons, and 
                        sulfur hexafluoride (expressed in units of 
                        carbon dioxide equivalent) that--</DELETED>
                                <DELETED>    ``(I) are sold or imported 
                                by each affected facility; 
                                and</DELETED>
                                <DELETED>    ``(II) will ultimately be 
                                emitted in the United States, as 
                                determined by the Administrator; 
                                and</DELETED>
                        <DELETED>    ``(vii) such other categories of 
                        emissions as the Administrator determines may 
                        be practicable and useful for the purposes of 
                        this Act, such as--</DELETED>
                                <DELETED>    ``(I) indirect emissions 
                                from imported electricity, heat, and 
                                steam;</DELETED>
                                <DELETED>    ``(II) process and 
                                fugitive emissions; and</DELETED>
                                <DELETED>    ``(III) production or 
                                importation of greenhouse 
                                gases.</DELETED>
        <DELETED>    ``(3) Public availability.--The Administrator 
        shall publish on the website of the Environmental Protection 
        Agency all information contained in the registry, except in any 
        case in which publishing the information would result in a 
        disclosure of information vital to national security, as 
        determined by the Administrator.</DELETED>
        <DELETED>    ``(4) Integration.--The Administrator shall 
        integrate, to the maximum extent practicable, information 
        contained in the registry with any other environmental 
        information system maintained by the Administrator.</DELETED>
<DELETED>    ``(e) New Reporting System.--</DELETED>
        <DELETED>    ``(1) In general.--On or after the date that is 3 
        years after the date of enactment of this section, the 
        Administrator, in consultation with each party described in 
        subsection (d)(1), may, on the record, after providing for a 
        public hearing and opportunity to comment, and accordance with 
        this Act or the authority of the Administrator under any other 
        law administered by the Administrator, establish a new 
        reporting system for greenhouse gases.</DELETED>
        <DELETED>    ``(2) Requirements.--A new reporting system 
        established under this subsection shall, as compared with the 
        registry established under subsection (d)--</DELETED>
                <DELETED>    ``(A) incorporate and apply to the same 
                affected facilities, gases, sources, and economic 
                sectors; and</DELETED>
                <DELETED>    ``(B) at a minimum, be equally as 
                comprehensive.</DELETED>
<DELETED>    ``(f) Regulations.--Regulations promulgated under this 
section may be enforced pursuant to section 113 of the Clean Air Act 
(42 U.S.C. 7413) with respect to any person that--</DELETED>
        <DELETED>    ``(1) fails to submit a report under this section; 
        or</DELETED>
        <DELETED>    ``(2) otherwise fails to comply with those 
        regulations.''.</DELETED>
<DELETED>    (d) Definition of Greenhouse Gas.--Section 329 of the 
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 
11049) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (5) through (10) 
        as paragraphs (6) through (11), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(5) Greenhouse gas.--The term `greenhouse gas' 
        means any of--</DELETED>
                <DELETED>    ``(A) carbon dioxide;</DELETED>
                <DELETED>    ``(B) mercury;</DELETED>
                <DELETED>    ``(C) methane;</DELETED>
                <DELETED>    ``(D) nitrous oxides;</DELETED>
                <DELETED>    ``(E) hydrofluorocarbons;</DELETED>
                <DELETED>    ``(F) perfluorocarbons;</DELETED>
                <DELETED>    ``(G) sulfur hexafluoride; and</DELETED>
                <DELETED>    ``(H) any other anthropogenically-emitted 
                gas that the Administrator, after notice and comment, 
                determines to contribute to global 
                warming.''.</DELETED>
<DELETED>    (e) Effect of Section.--Nothing in this section or an 
amendment made by this section requires the labeling of a greenhouse 
gas (as defined in paragraph (5) of section 329 of the Emergency 
Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11049) (as 
amended by subsection (d))) as a toxic substance for purposes of any 
other Federal law (including regulations).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Greenhouse Gas Registry Act 
of 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to provide for the establishment of a 
Federal greenhouse gas registry that--
            (1) is complete, consistent, transparent, and accurate;
            (2) will collect reliable and accurate data that can be 
        used by public and private entities to design efficient and 
        effective energy security initiatives and greenhouse gas 
        emission reduction strategies; and
            (3) will provide appropriate high-quality data to be used 
        for implementing greenhouse gas reduction policies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Affected facility.--
                    (A) In general.--The term ``affected facility'' 
                means--
                            (i) any facility that uses more than 5,000 
                        tons of coal in a calendar year;
                            (ii) any facility that is a natural gas 
                        processing plant or that produces natural gas 
                        in the State of Alaska, or any entity that 
                        imports natural gas (including liquefied 
                        natural gas);
                            (iii) any facility that in any year 
                        produces, or any entity that in any year 
                        imports, petroleum- or coal-based liquid or 
                        gaseous fuel, the combustion of which will emit 
                        a group I greenhouse gas, assuming no capture 
                        and sequestration of that gas;
                            (iv) any facility that in any year produces 
                        for sale or distribution, or any entity that in 
                        any year imports, more than 10,000 carbon 
                        dioxide equivalents of chemicals that are 
                        greenhouse gas (other than hydrofluorocarbons), 
                        assuming no capture and destruction or 
                        sequestration of that gas;
                            (v) a facility that produces for sale or 
                        distribution, or an entity that imports, in any 
                        calendar year more than 10,000 carbon dioxide 
                        equivalents of hydrofluorocarbons, 
                        perfluorocarbons, sulfur hexafluoride, nitrogen 
                        trifluoride, or any other fluorinated gas that 
                        is a greenhouse gas, as designated by the 
                        Administrator;
                            (vi) a facility within the electric power 
                        sector that contains a fossil fuel-fired 
                        electricity generating unit or units that 
                        together emit more than 10,000 carbon dioxide 
                        equivalents of greenhouse gas in any calendar 
                        year;
                            (vii) an industrial facility that emits 
                        more than 10,000 carbon dioxide equivalents of 
                        greenhouse gas in any calendar year;
                            (viii) a facility that produces, or an 
                        entity that imports, in any calendar year 
                        petroleum- or coal-based liquid or gaseous 
                        fuel, the combustion of which will emit more 
                        than 10,000 carbon dioxide equivalents of 
                        greenhouse gas;
                            (ix) a local distribution company that in 
                        any calendar year delivers natural gas, the 
                        combustion of which will emit more than 10,000 
                        carbon dioxide equivalents of greenhouse gas;
                            (x) a site at which carbon dioxide is 
                        geologically sequestered on a commercial scale;
                            (xi) subject to subparagraph (B), another 
                        facility that emits a greenhouse gas, as 
                        determined by the Administrator; and
                            (xii) at the option of the Administrator, a 
                        vehicle fleet with emissions of more than 
                        10,000 carbon dioxide equivalents per calendar 
                        year, assuming no double-counting of emissions.
                    (B) Exclusions.--The term ``affected facility'' may 
                not include, at the discretion of the Administrator, 
                any facility described in subparagraph (A)(xi) that is 
                owned or operated by a small business (as described in 
                part 121 of title 13, Code of Federal Regulations (or a 
                successor regulation)).
            (3) Carbon content.--The term ``carbon content'' means the 
        quantity of carbon (in carbon dioxide equivalent) contained in 
        a fuel.
            (4) Carbon dioxide equivalent.--The term ``carbon dioxide 
        equivalent'' means, with respect to a greenhouse gas, the 
        quantity of the greenhouse gas that the Administrator 
        determines makes the same contribution to global warming as 1 
        metric ton of carbon dioxide.
            (5) Climate registry.--The term ``Climate Registry'' means 
        the greenhouse gas emissions registry jointly established and 
        managed by more than 40 States and Indian tribes to collect 
        high-quality greenhouse gas emission data from facilities, 
        corporations, and other organizations to support various 
        greenhouse gas emission reporting and reduction policies for 
        the member States and Indian tribes.
            (6) Facility.--The term ``facility'' means 1 or more 
        buildings, structures, or installations of an entity on 1 or 
        more contiguous or adjacent properties located in the United 
        States.
            (7) Feedstock.--The term ``feedstock'' means fossil fuel 
        used as raw material in a manufacturing process.
            (8) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride; and
                    (G) any other anthropogenically-emitted gas that 
                the Administrator, after notice and comment, determines 
                to contribute to climate change.
            (9) Greenhouse gas emissions.--
                    (A) In general.--The term ``greenhouse gas 
                emissions'' means emissions of a greenhouse gas.
                    (B) Inclusions.--The term ``greenhouse gas 
                emissions'' includes--
                            (i) stationary combustion source emissions 
                        emitted as a result of combustion of fuels in 
                        stationary equipment, such as boilers, 
                        furnaces, burners, turbines, heaters, 
                        incinerators, engines, flares, and other 
                        similar sources;
                            (ii) process emissions consisting of 
                        emissions from chemical or physical processes 
                        other than combustion;
                            (iii) fugitive emissions consisting of 
                        intentional and unintentional emissions from 
                        equipment leaks, such as joints, seals, 
                        packing, and gaskets, or from piles, pits, 
                        cooling towers, and other similar sources; and
                            (iv) biogenic emissions resulting from 
                        biological processes, such as anaerobic 
                        decomposition, nitrification, and 
                        denitrification.
            (10) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (11) Industrial facility.--The term ``industrial facility'' 
        means--
                    (A) any facility in the manufacturing sector (as 
                defined in North American Industrial Classification 
                System Codes 31, 32, and 33);
                    (B) any natural gas processing plant; and
                    (C) any other facility that produces petroleum- or 
                coal-based liquid fuel.
            (12) Local distribution company.--The term ``local 
        distribution company'' has the meaning given the term in 
        section 2 of the Natural Gas Policy Act of 1978 (15 U.S.C. 
        3301).
            (13) Registry.--The term ``Registry'' means the Federal 
        greenhouse gas registry established under section 6(a).
            (14) Reversal.--The term ``reversal'' means an intentional 
        or unintentional release to the atmosphere of a significant 
        quantity (as determined by the Administrator) of greenhouse gas 
        that was sequestered.
            (15) Sequestered.--The term ``sequestered'' means the 
        isolation of a greenhouse gas, without reversal, in geological 
        formations, as determined by the Administrator.
            (16) Source.--The term ``source'' means any building, 
        structure, installation, unit, point, operation, vehicle, land 
        area, or other item that emits or may emit a greenhouse gas.

SEC. 4. REPORTING REQUIREMENTS.

    (a) In General.--Each affected facility shall submit to the 
Administrator, for inclusion in the Registry, periodic reports, 
including annual and quarterly data, that--
            (1) describe the quantity and type of feedstocks that are 
        extracted, produced, refined, imported, exported, or consumed 
        at or by the facility;
            (2) describe the quantity of each greenhouse gas generated, 
        produced, imported, exported, consumed, or captured and 
        sequestered at or by the facility;
            (3) describe the quantity of electricity generated, 
        imported, exported, or consumed by or at the facility, and 
        information on the quantity of greenhouse gases emitted when 
        the imported, exported, or consumed electricity was generated, 
        as determined by the Administrator;
            (4) provide a list and description of sources of greenhouse 
        gas emissions at the facility;
            (5) describe greenhouse gas emissions expressed in metric 
        tons of each greenhouse gas emitted and in the quantity of 
        carbon dioxide equivalents of each greenhouse gas emitted;
            (6) describe the aggregate quantity of each greenhouse gas 
        emitted from each source at the facility, including stationary 
        combustion source emissions, process emissions, and fugitive 
        emissions, and the aggregate quantity of those emissions;
            (7) quantify greenhouse gas emissions in accordance with 
        the measurement standards established under section 5;
            (8) provide other data necessary for accurate and complete 
        accounting of greenhouse gas emissions, as determined by the 
        Administrator;
            (9) provide an appropriate certification regarding the 
        accuracy and completeness of reported data, as determined by 
        the Administrator; and
            (10) are submitted electronically to the Administrator, in 
        such form and to such extent as may be required by the 
        Administrator.
    (b) De Minimis Exemptions.--
            (1) In general.--The Administrator may determine--
                    (A) whether certain sources at a facility should be 
                considered to be eligible for a de minimis exemption 
                from the reporting requirement under this Act; and
                    (B) the level of greenhouse gases emitted from a 
                source that would qualify for such an exemption.
            (2) Factors.--In making a determination under paragraph 
        (1), the Administrator shall consider--
                    (A) the availability and suitability of simplified 
                techniques and tools for quantifying emissions; and
                    (B) the cost to measure those emissions relative to 
                the purposes of this Act, including the goal of 
                collecting complete and consistent facility-wide data.
    (c) Verification of Report Required.--The Administrator shall 
verify the completeness and accuracy of the report using information 
provided under this section or obtained under other provisions of law.
    (d) Timing.--For calendar year 2010 and each subsequent calendar 
year, each affected facility shall submit quarterly data described in 
this section to the Administrator not later than 90 days after the end 
of the applicable quarter.
    (e) No Effect on Other Requirements.--Nothing in this title affects 
any requirement in effect as of the date of enactment of this Act 
relating to the reporting of--
            (1) fossil fuel production, refining, importation, 
        exportation, or consumption data;
            (2) greenhouse gas emission data; or
            (3) other relevant data.

SEC. 5. DATA QUALITY AND VERIFICATION.

    (a) Protocols and Methods.--
            (1) In general.--The Administrator shall establish by 
        regulation, taking into account the Climate Registry, 
        comprehensive protocols and methods to ensure the accuracy, 
        completeness, consistency, and transparency of data on 
        greenhouse gas emissions and feedstock production, refining, 
        importation, exportation, and consumption submitted to the 
        Registry that include--
                    (A) accounting and reporting standards for 
                feedstock production, refining, importation, 
                exportation, and consumption;
                    (B) a requirement that, if technologically 
                feasible, submitted data are monitored using monitoring 
                systems for fuel flow or emissions, such as continuous 
                emission monitoring systems or equivalent systems of 
                similar rigor, accuracy, quality, and timeliness;
                    (C) a requirement that, if a facility has already 
                been directed to monitor emissions of a greenhouse gas 
                using a continuous emission monitoring system under 
                existing law, that system be used in complying with 
                this Act with respect to the greenhouse gas;
                    (D) for cases in which the Administrator determines 
                that monitoring emissions with the precision, 
                reliability, accessibility, and timeliness similar to 
                that provided by a continuous emission monitoring 
                system are not technologically feasible, standardized 
                methods for calculating greenhouse gas emissions in 
                specific industries using other readily available and 
                reliable information, such as fuel consumption, 
                materials consumption, production, or other relevant 
                activity data, if those methods do not underreport 
                emissions, as compared with the continuous emission 
                monitoring system;
                    (E) information on the accuracy of measurement and 
                calculation methods;
                    (F) methods to avoid double-counting of greenhouse 
                gas emissions;
                    (G) protocols to prevent an affected facility from 
                avoiding the reporting requirements of this title; and
                    (H) protocols for verification of data submitted by 
                affected facilities.
            (2) Best practices.--The protocols and methods developed 
        under paragraph (1) shall incorporate and conform to the best 
        practices from the most recent Federal, State, and 
        international protocols for the measurement, accounting, 
        reporting, and verification of greenhouse gas emissions to 
        ensure the accuracy, completeness, and consistency of the data.
    (b) Verification; Information by Reporting Entities.--Each affected 
facility shall--
            (1) provide information sufficient for the Administrator to 
        verify, in accordance with the protocols and methods developed 
        under subsection (a), that the feedstock data and greenhouse 
        gas emission data of the affected facility have been completely 
        and accurately reported; and
            (2) ensure the submission or retention, for the 5-year 
        period beginning on the date of provision of the information, 
        of--
                    (A) data sources;
                    (B) information on internal control activities;
                    (C) information on assumptions used in reporting 
                emissions and fuels;
                    (D) uncertainty analyses; and
                    (E) other relevant data and information to 
                facilitate the verification of reports submitted to the 
                Registry.
    (c) Waiver of Reporting Requirements.--The Administrator may waive 
reporting requirements for specific facilities if the Administrator 
determines that sufficient and equally or more reliable data are 
available under other provisions of law.
    (d) Missing Data.--If information, satisfactory to the 
Administrator, is not provided for an affected facility, the 
Administrator shall--
            (1) prescribe methods to estimate emissions for the 
        facility for each period for which data are missing, reflecting 
        the highest emission levels that may reasonably have occurred 
        during the period for which data are missing; and
            (2) take appropriate enforcement action pursuant to this 
        section.

SEC. 6. FEDERAL GREENHOUSE GAS REGISTRY.

    (a) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Administrator shall promulgate regulations 
establishing a Federal greenhouse gas registry that--
            (1) builds upon the final rule promulgated in accordance 
        with the sixth undesignated paragraph of the matter under the 
        heading ``Administrative Provisions, Environmental Protection 
        Agency'' under title II of division F of the Consolidated 
        Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2128);
            (2) makes changes necessary to achieve the purpose 
        described in section 2; and
            (3) requires emission reporting to begin by not later than 
        January 1, 2011.
    (b) Administration.--In establishing the Registry, the 
Administrator shall--
            (1) design and operate the Registry;
            (2) establish an advisory body that is broadly 
        representative of private enterprise, agriculture, 
        environmental groups, and State, tribal, and local governments 
        to guide the development and management of the Registry;
            (3) provide coordination and technical assistance for the 
        development of proposed protocols and methods, taking into 
        account the Climate Registry, to be published by the 
        Administrator;
            (4)(A) develop an electronic format for reporting under 
        guidelines established under section 4(a)(1); and
            (B) make the electronic format available to reporting 
        entities;
            (5) verify and audit the data submitted by reporting 
        entities;
            (6) establish consistent policies for calculating carbon 
        content and greenhouse gas emissions for each type of feedstock 
        reported under section 4;
            (7) calculate carbon content and greenhouse gas emissions 
        associated with the combustion of feedstock data reported by 
        reporting entities; and
            (8) immediately publish on the Internet all information 
        contained in the Registry, except in any case in which 
        publishing the information would result in a disclosure of--
                    (A) information vital to national security, as 
                determined by the President; or
                    (B) confidential business information that cannot 
                be derived from information that is otherwise publicly 
                available and that would cause significant calculable 
                competitive harm if published (except that information 
                relating to greenhouse gas emissions shall not be 
                considered to be confidential business information).
    (c) Third-Party Verification.--The Administrator may use the 
services of third parties that have no conflicts of interest to verify 
reports required under section 4.
    (d) Regulations.--The Administrator shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, propose regulations to carry out this section; and
            (2) not later than July 1, 2009, promulgate final 
        regulations to carry out this section.

SEC. 7. ENFORCEMENT.

    (a) Civil Actions.--The Administrator may bring a civil action in 
United States district court against the owner or operator of an 
affected facility that fails to comply with any requirement of this 
Act.
    (b) Penalty.--Any person that has violated or is violating this Act 
shall be subject to a civil penalty of not more than $25,000 per day of 
each violation.
            Amend the title so as to read: ``A bill to direct the 
        Administrator of the Environmental Protection Agency to 
        establish a Federal greenhouse gas registry.''.
                                                      Calendar No. 1067

110th CONGRESS

  2d Session

                                S. 1387

                          [Report No. 110-491]

_______________________________________________________________________

                                 A BILL

To amend the Emergency Planning and Community Right-to-Know Act of 1986 
                    to provide for greenhouse gases.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

        Reported with an amendment and an amendment to the title