Short title

This Act may be cited as the

National Greenhouse Gas Registry Act of 2007

Findings and purpose

(a)

Findings

Congress finds that— (1)global climate change poses a significant threat to national security, the United States economy, public health and welfare, and the global environment; (2)high-quality data will be an important factor in successfully implementing a green house gas regulatory framework; and (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. (b)

Purpose

The purpose of this Act is to establish a mandatory greenhouse gas inventory, registry, and information system that— (1)is complete, consistent, transparent, and accurate; (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 (3)will provide the appropriate high-quality data to be used in any future greenhouse gas regulatory framework.

Inclusion of greenhouse gases in Emergency Planning and Community Right-to-Know Act of 1986

(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— (1)in subsection (a)— (A)in paragraph (2)— (i)in the first sentence, by striking Within and inserting the following:

(A)

In general

Not later than

;

(ii)in the second sentence, by striking The list and inserting the following:

(B)

Contents

(i)

In general

Subject to clause (ii), the list

; and

(iii)by adding at the end the following:

(ii)

Inclusion of greenhouse gases

Notwithstanding clause (i), the Administrator shall include greenhouse gases on the list under this paragraph.

; and

(B)in paragraph (3), by adding at the end the following:

(D)

Greenhouse gases

Notwithstanding any other provision of this section, the Administrator— (i)shall establish a threshold planning quantity for greenhouse gases under subparagraph (A) of 1 metric ton for each greenhouse gas; and (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

(2)by adding at the end the following:

(e)

Greenhouse gas emissions

(1)

Definition of affected facility

In this subsection: (A)

In general

The term affected facility means— (i)a major emitting facility (as defined in section 169 of the Clean Air Act (42 U.S.C. 7479)); (ii)a major stationary source (as defined in section 169A(g) of that Act (42 U.S.C. 7491(g))); (iii)an electricity generator or electric utility that emits a greenhouse gas; (iv)a facility that manufactures or imports a greenhouse gas; (v)a facility that emits nitrous oxides associated with the manufacture of adipic or nitric acid; (vi)an aluminum smelter that emits a greenhouse gas; (vii)an underground coal mine that emitted more than 35,000,000 cubic feet of methane during calendar year 2004 or thereafter; (viii)a facility that emits hydrofluorocarbon-23 as a byproduct of hydrochlorofluorocarbon-22; and (ix)any other facility of appropriate size, as determined by the Administrator, that emits a greenhouse gas. (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. (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. (3)

Requirements

In making a determination pursuant to paragraph (2), the Administrator shall— (A)take into consideration the availability and suitability of simplified techniques and tools; (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 (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.

(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:

(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.

(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:

314.

Greenhouse gas reports and registry

(a)

Reports

(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. (2)

Requirement

Each report submitted under paragraph (1) shall express the greenhouse gas emissions of an affected facility— (A)in metric tons of each greenhouse gas emitted by the affected facility; and (B)in metric tons of the carbon dioxide equivalent of each greenhouse gas so emitted. (b)

Action by commission

Each State emergency response commission that receives a report under subsection (a) shall— (1)ensure that the report is certified in accordance with regulations of the Administrator; (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); (3)submit to the Administrator a copy of each report for inclusion in the greenhouse gas registry under subsection (d); and (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. (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. (d)

National greenhouse gas registry

(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). (2)

Inclusions

The Administrator shall include in the registry— (A)each report received from a State emergency response commission under subsection (b)(3); (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; (C)a detailed analysis of trends in the quantity, composition, and sources of greenhouse gas emissions in the Unites States; and (D)an estimate of— (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; (ii)direct stationary combustion source emissions; (iii)the total quantity of direct greenhouse gas emissions from stationary sources, expressed in units of carbon dioxide equivalent; (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; (v)the total quantity of reductions in greenhouse gas emissions created by greenhouse gas offsets; (vi)the quantity of hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride (expressed in units of carbon dioxide equivalent) that— (I)are sold or imported by each affected facility; and (II)will ultimately be emitted in the United States, as determined by the Administrator; and (vii)such other categories of emissions as the Administrator determines may be practicable and useful for the purposes of this Act, such as— (I)indirect emissions from imported electricity, heat, and steam; (II)process and fugitive emissions; and (III)production or importation of greenhouse gases. (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. (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. (e)

New reporting system

(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. (2)

Requirements

A new reporting system established under this subsection shall, as compared with the registry established under subsection (d)— (A)incorporate and apply to the same affected facilities, gases, sources, and economic sectors; and (B)at a minimum, be equally as comprehensive. (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— (1)fails to submit a report under this section; or (2)otherwise fails to comply with those regulations.

(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— (1)by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively; and (2)by inserting after paragraph (4) the following:

(5)

Greenhouse gas

The term greenhouse gas means any of— (A)carbon dioxide; (B)mercury; (C)methane; (D)nitrous oxides; (E)hydrofluorocarbons; (F)perfluorocarbons; (G)sulfur hexafluoride; and (H)any other anthropogenically-emitted gas that the Administrator, after notice and comment, determines to contribute to global warming.

(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).

Short title

This Act may be cited as the

Federal Greenhouse Gas Registry Act of 2008

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.

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.

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.

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.

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.

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..

September 24 (legislative day, September 17), 2008

Reported with an amendment and an amendment to the title