[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S13955-S13960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself, Mr. Jeffords, and Mr. Lieberman):
  S. 1870. A bill to amend the Clean Air Act to establish an inventory, 
registry, and information system of United States greenhouse gas 
emissions to inform the public and private sector concerning, and 
encourage voluntary reductions in, greenhouse emissions; to the 
Committee on Environment and Public Works.
  Mr. CORZINE. Mr. President, I rise today to introduce a bill that 
represents an important step towards the goal of addressing the threats 
posed by global climate change. I am pleased to be joined on this bill 
by Senator Jeffords and Senator Lieberman. They are recognized 
environmental leaders in the Senate, and are long-standing, outspoken 
advocates for taking action to mitigate climate change. I appreciate 
their help in introducing this legislation today.
  Climate change is an enormously complex issue in every aspect. 
Scientifically. Economically. Politically. But complexity is no excuse 
for inattention or inaction. Because the health and viability of the 
global ecosystems upon which we all depend are at stake. The time to 
act is now.
  Earlier this year, the Intergovernmental Panel on Climate Change 
recently released its Third Assessment Report, and the science is 
increasingly clear and alarming. We know that human activities, 
primarily fossil fuel combustion, have raised the atmospheric 
concentration of carbon dioxide to the highest levels in the last 
420,000 years. We know that the planet is warming, and that the balance 
of the scientific evidence suggests that most of the recent warming can 
be attributed to increased atmospheric greenhouse gas levels. We know 
that without concerted action by the U.S. and other countries, 
greenhouse gases will continue to increase.
  Finally, we know that climate models have improved, and that these 
models predict warming under all scenarios that have been considered. 
Even the smallest warming predicted by current models, 2.5 degrees 
Fahrenheit over the next century, would represent the greatest rate of 
increase in global mean surface temperature in the last 10,000 years.
  If these trends continue, the results may be devastating. People in 
my home State of New Jersey treasure their Jersey Shore. Like all 
coastal areas, the Jersey Shore is threatened by projected changes in 
sea levels due to climate change. I am concerned about this impact. And 
I am concerned about other climate change impacts across New Jersey, 
the country and the globe.
  I believe we need to take reasonable steps today start dealing with 
this issue. And I think this bill will make an important incremental 
step.
  The main provisions of the bill establish a system that would require 
companies to estimate and report their emissions of greenhouse gases, 
as well

[[Page S13956]]

as a place where companies can register greenhouse gas emissions 
reductions. In addition, the bill would require an annual report on 
U.S. greenhouse gas emissions. I'd like to go through each of these 
components in more detail.
  First, the bill requires EPA to work with the Secretaries of Energy, 
Commerce and Agriculture, as well as the private sector and non-
governmental organizations to establish a greenhouse gas emission 
information system. For the purposes of the bill, greenhouse gases are 
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride. EPA is directed to establish 
threshold quantities for each of these gases. The threshold quantities 
will trigger the requirement for a company to report to the system, and 
are included to enable exclusion of most small businesses from the 
reporting requirements. Companies that emit more than a threshold 
quantity of each gas will be required to report their emissions on an 
annual basis to EPA. The requirements will be phased in, beginning with 
stationary source emissions in 2003. The following year, in 2004, 
companies subject to the reporting requirements will need to submit to 
EPA estimates of other types of greenhouse gas emissions, such as 
process emissions, fugitive emissions, mobile source emissions, forest 
product-sector emissions, and indirect emissions from heat and steam.
  Just as important as the reporting system is the greenhouse gas 
registry established by the bill. The bill requires EPA to work with 
the same set of actors to establish this greenhouse gas registry, which 
will enable companies to register greenhouse gas reductions. Many 
companies are voluntarily implementing projects to reduce emissions or 
sequester carbon. The registry would establish a place for companies to 
be able to put these projects on public record in a consistent and 
reliable way.
  Taken together, these provisions of the bill will accomplish several 
important goals. First, they will create a reliable record of the 
sources of greenhouse gas emissions within our economy. This will 
provide the public and private sector with important information that, 
if necessary, can be used to identify the most cost-effective ways to 
reduce greenhouse gas emissions.
  Perhaps more importantly, these provisions will provide a powerful 
incentive for companies to continue to make voluntary greenhouse gas 
reductions. By requiring emissions reporting, and making that 
information available to the public, companies may face increased 
scrutiny with respect to their greenhouse gas emissions. But they will 
also have a place where they can register their greenhouse gas 
reductions project in a consistent and uniform way. This will enable 
companies to demonstrate the actions that they are taking to reduce 
their emissions, and will assist them in making the case for credits if 
a mandatory greenhouse gas emission reduction program is ever enacted.
  Finally, the bill requires EPA to annually publish a greenhouse gas 
emissions inventory. This will be a national account of greenhouse gas 
emissions for our Nation, and will incorporate the information 
submitted to the greenhouse gas information system and registry. EPA 
has issued such a report for several years now, and this provision is 
intended to explicitly authorize and expand the scope of this report.
  I know that there are technical challenges associated with measuring 
greenhouse gas emissions and reductions. But many advances have been 
made in recent years, often in a cooperative way, with industry, 
environmental groups and governments at the table. It's my intent that 
the systems and protocols developed under this bill conform to the best 
practices that have been and continue to be developed in this fashion.
  I urge my colleagues to join with me in this legislation. Let's start 
taking reasonable steps to address the threat of climate change. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1870

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Greenhouse Gas 
     Emissions Inventory and Registry Act of 2001''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) human activities have caused rapid increases in 
     atmospheric concentrations of carbon dioxide and other 
     greenhouse gases in the last century;
       (2) according to the Intergovernmental Panel on Climate 
     Change and the National Research Council--
       (A) the Earth has warmed in the last century; and
       (B) the majority of the observed warming is attributable to 
     human activities;
       (3) despite the fact that many uncertainties in climate 
     science remain, the potential impacts from human-induced 
     climate change pose a substantial risk that should be managed 
     in a responsible manner; and
       (4) 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 create accurate data that can be used by public 
     and private entities to design efficient and effective 
     greenhouse gas emission reduction strategies; and
       (3) will encourage greenhouse gas emission reductions.

     SEC. 3. GREENHOUSE GAS EMISSIONS.

       The Clean Air Act (42 U.S.C. 1701 et seq.) is amended by 
     adding at the end the following:

                 ``TITLE VII--GREENHOUSE GAS EMISSIONS

     ``SEC. 701. DEFINITIONS.

       ``In this title:
       ``(1) Covered entity.--The term `covered entity' means an 
     entity that emits more than a threshold quantity of 
     greenhouse gas emissions.
       ``(2) Direct emissions.--The term `direct emissions' means 
     greenhouse gas emissions from a source that is owned or 
     controlled by an entity.
       ``(3) Entity.--The term `entity' includes a firm, a 
     corporation, an association, a partnership, and a Federal 
     agency.
       ``(4) Greenhouse gas.--The term `greenhouse gas' means--
       ``(A) carbon dioxide;
       ``(B) methane;
       ``(C) nitrous oxide;
       ``(D) hydrofluorocarbons;
       ``(E) perfluorocarbons; and
       ``(F) sulfur hexafluoride.
       ``(5) Greenhouse gas emissions.--The term `greenhouse gas 
     emissions' means emissions of a greenhouse gas, including--
       ``(A) stationary combustion source emissions, which are 
     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;
       ``(B) process emissions, which consist of emissions from 
     chemical or physical processes other than combustion;
       ``(C) fugitive emissions, which consist of intentional and 
     unintentional emissions from--
       ``(i) equipment leaks such as joints, seals, packing, and 
     gaskets; and
       ``(ii) piles, pits, cooling towers, and other similar 
     sources; and
       ``(D) mobile source emissions, which are emitted as a 
     result of combustion of fuels in transportation equipment 
     such as automobiles, trucks, trains, airplanes, and vessels.
       ``(6) Greenhouse gas emissions record.--The term 
     `greenhouse gas emissions record' means all of the historical 
     greenhouse gas emissions and project reduction data submitted 
     by an entity under this title, including any adjustments to 
     such data under section 704(c).
       ``(7) Greenhouse gas report.--The term `greenhouse gas 
     report' means an annual list of the greenhouse gas emissions 
     of an entity and the sources of those emissions.
       ``(8) Indirect emissions.--The term `indirect emissions' 
     means greenhouse gas emissions that are a consequence of the 
     activities of an entity but that are emitted from sources 
     owned or controlled by another entity.
       ``(9) National greenhouse gas emissions information 
     system.--The term `national greenhouse gas emissions 
     information system' means the information system established 
     under section 702(a).
       ``(10) National greenhouse gas emissions inventory.--The 
     term `national greenhouse gas emissions inventory' means the 
     national inventory of greenhouse gas emissions established 
     under section 705.
       ``(11) National greenhouse gas registry.--The term 
     `national greenhouse gas registry' means the national 
     greenhouse gas registry established under section 703(a).
       ``(12) Project reduction.--The term `project reduction' 
     means--
       ``(A) a greenhouse gas emission reduction achieved by 
     carrying out a greenhouse gas emission reduction project; and
       ``(B) sequestration achieved by carrying out a 
     sequestration project.
       ``(13) Reporting entity.--The term `reporting entity' means 
     an entity that reports to the Administrator under subsection 
     (a) or (b) of section 704.

[[Page S13957]]

       ``(14) Sequestration.--The term `sequestration' means the 
     long-term separation, isolation, or removal of greenhouse 
     gases from the atmosphere, including through a biological or 
     geologic method such as reforestation or an underground 
     reservoir.
       ``(15) Threshold quantity.--The term `threshold quantity' 
     means a threshold quantity for mandatory greenhouse gas 
     reporting established by the Administrator under section 
     704(a)(3).
       ``(16) Verification.--The term `verification' means the 
     objective and independent assessment of whether a greenhouse 
     gas report submitted by a reporting entity accurately 
     reflects the greenhouse gas impact of the reporting entity.

     ``SEC. 702. NATIONAL GREENHOUSE GAS EMISSIONS INFORMATION 
                   SYSTEM.

       ``(a) Establishment.--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 
     reporting of greenhouse gas emissions, the Administrator 
     shall establish and administer a national greenhouse gas 
     emissions information system to collect information reported 
     under section 704(a).
       ``(b) Submission to Congress of Draft Design.--Not later 
     than 180 days after the date of enactment of this title, the 
     Administrator shall submit to Congress a draft design of the 
     national greenhouse gas emissions information system.
       ``(c) Availability of Data to the Public.--The 
     Administrator shall publish all information in the national 
     greenhouse gas emissions information system through the 
     website of the Environmental Protection Agency, except in any 
     case in which publishing the information would reveal a trade 
     secret or disclose information vital to national security.
       ``(d) Relationship to Other Greenhouse Gas Registries.--To 
     the extent practicable, the Administrator shall ensure 
     coordination between the national greenhouse gas emissions 
     information system and existing and developing Federal, 
     regional, and State greenhouse gas registries.
       ``(e) Integration With Other Environmental Information.--To 
     the extent practicable, the Administrator shall integrate 
     information in the national greenhouse gas emissions 
     information system with other environmental information 
     managed by the Administrator.

     ``SEC. 703. NATIONAL GREENHOUSE GAS REGISTRY.

       ``(a) Establishment.--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 
     reporting of greenhouse gas emissions, the Administrator 
     shall establish and administer a national greenhouse gas 
     registry to collect information reported under section 
     704(b).
       ``(b) Availability of Data to the Public.--The 
     Administrator shall publish all information in the national 
     greenhouse gas registry through the website of the 
     Environmental Protection Agency, except in any case in which 
     publishing the information would reveal a trade secret or 
     disclose information vital to national security.
       ``(c) Relationship to Other Greenhouse Gas Registries.--To 
     the maximum extent feasible and practicable, the 
     Administrator shall ensure coordination between the national 
     greenhouse gas registry and existing and developing Federal, 
     regional, and State greenhouse gas registries.
       ``(d) Integration With Other Environmental Information.--To 
     the maximum extent practicable, the Administrator shall 
     integrate all information in the national greenhouse gas 
     registry with other environmental information collected by 
     the Administrator.

     ``SEC. 704. REPORTING.

       ``(a) Mandatory Reporting to National Greenhouse Gas 
     Emissions Information System.--
       ``(1) Initial reporting requirements.--
       ``(A) In general.--Not later than April 30, 2003, in 
     accordance with this paragraph and the regulations 
     promulgated under section 706(e)(1), each covered entity 
     shall submit to the Administrator, for inclusion in the 
     national greenhouse gas emissions information system, the 
     greenhouse gas report of the covered entity with respect to--
       ``(i) calendar year 2002; and
       ``(ii) each greenhouse gas emitted by the covered entity in 
     an amount that exceeds the applicable threshold quantity.
       ``(B) Required elements.--Each greenhouse gas report 
     submitted under subparagraph (A)--
       ``(i) shall include estimates of direct stationary 
     combustion source emissions;
       ``(ii) shall express greenhouse gas emissions in metric 
     tons of the carbon dioxide equivalent of each greenhouse gas 
     emitted;
       ``(iii) shall specify the sources of greenhouse gas 
     emissions that are included in the greenhouse gas report;
       ``(iv) shall be reported on an entity-wide basis and on a 
     facility-wide basis; and
       ``(v) to the maximum extent practicable, shall be reported 
     electronically to the Administrator in such form as the 
     Administrator may require.
       ``(C) Method of reporting of entity-wide emissions.--Under 
     subparagraph (B)(iv), entity-wide emissions shall be reported 
     on the bases of financial control and equity share in a 
     manner consistent with the financial reporting practices of 
     the covered entity.
       ``(2) Final reporting requirements.--
       ``(A) In general.--Not later than April 30, 2004, and each 
     April 30 thereafter (except as provided in subparagraph 
     (B)(vii)), in accordance with this paragraph and the 
     regulations promulgated under section 706(e)(2), each covered 
     entity shall submit to the Administrator the greenhouse gas 
     report of the covered entity with respect to--
       ``(i) the preceding calendar year; and
       ``(ii) each greenhouse gas emitted by the covered entity in 
     an amount that exceeds the applicable threshold quantity.
       ``(B) Required elements.--Each greenhouse gas report 
     submitted under subparagraph (A) shall include--
       ``(i) the required elements specified in paragraph (1);
       ``(ii) estimates of indirect emissions from imported 
     electricity, heat, and steam;
       ``(iii) estimates of process emissions described in section 
     701(5)(B);
       ``(iv) estimates of fugitive emissions described in section 
     701(5)(C);
       ``(v) estimates of mobile source emissions described in 
     section 701(5)(D), in such form as the Administrator may 
     require;
       ``(vi) in the case of a covered entity that is a forest 
     product entity, estimates of direct stationary source 
     emissions, including emissions resulting from combustion of 
     biomass;
       ``(vii) in the case of a covered entity that owns more than 
     250,000 acres of timberland, estimates, by State, of the 
     timber and carbon stocks of the covered entity, which 
     estimates shall be updated every 5 years; and
       ``(viii) a description of any adjustments to the greenhouse 
     gas emissions record of the covered entity under subsection 
     (c).
       ``(3) Establishment of threshold quantities.--For the 
     purpose of reporting under this subsection, the Administrator 
     shall establish threshold quantities of emissions for each 
     combination of a source and a greenhouse gas that is subject 
     to the mandatory reporting requirements under this 
     subsection.
       ``(b) Voluntary Reporting to National Greenhouse Gas 
     Registry.--
       ``(1) In general.--Not later than April 30, 2004, and each 
     April 30 thereafter, in accordance with this subsection and 
     the regulations promulgated under section 706(f), an entity 
     may voluntarily report to the Administrator, for inclusion in 
     the national greenhouse gas registry, with respect to the 
     preceding calendar year and any greenhouse gas emitted by the 
     entity--
       ``(A) project reductions;
       ``(B) transfers of project reductions to and from any other 
     entity;
       ``(C) project reductions and transfers of project 
     reductions outside the United States;
       ``(D) indirect emissions that are not required to be 
     reported under subsection (a)(2)(B)(ii) (such as product 
     transport, waste disposal, product substitution, travel, and 
     employee commuting); and
       ``(E) product use phase emissions.
       ``(2) Types of activities.--Under paragraph (1), an entity 
     may report activities that reduce greenhouse gas emissions or 
     sequester a greenhouse gas, including--
       ``(A) fuel switching;
       ``(B) energy efficiency improvements;
       ``(C) use of renewable energy;
       ``(D) use of combined heat and power systems;
       ``(E) management of cropland, grassland, and grazing land;
       ``(F) forestry activities that increase carbon stocks;
       ``(G) carbon capture and storage;
       ``(H) methane recovery; and
       ``(I) carbon offset investments.
       ``(c) Adjustment Factors.--
       ``(1) In general.--Each reporting entity shall adjust the 
     greenhouse gas emissions record of the reporting entity in 
     accordance with this subsection.
       ``(2) Significant structural changes.--
       ``(A) In general.--A reporting entity that experiences a 
     significant structural change in the organization of the 
     reporting entity (such as a merger, major acquisition, or 
     divestiture) shall adjust its greenhouse gas emissions record 
     for preceding years so as to maintain year-to-year 
     comparability.
       ``(B) Mid-year changes.--In the case of a reporting entity 
     that experiences a significant structural change described in 
     subparagraph (A) during the middle of a year, the greenhouse 
     gas emissions record of the reporting entity for preceding 
     years shall be adjusted on a pro-rata basis.
       ``(3) Calculation changes and errors.--The greenhouse gas 
     emissions record of a reporting entity for preceding years 
     shall be adjusted for--
       ``(A) changes in calculation methodologies; or
       ``(B) errors that significantly affect the quantity of 
     greenhouse gases in the greenhouse gas emissions record.
       ``(4) Organizational growth or decline.--The greenhouse gas 
     emissions record of a reporting entity for preceding years 
     shall not be adjusted for any organizational growth or 
     decline of the reporting entity such as--
       ``(A) an increase or decrease in production output;
       ``(B) a change in product mix;
       ``(C) a plant closure; and
       ``(D) the opening of a new plant.
       ``(5) Explanations of adjustments.--A reporting entity 
     shall explain, in a statement included in the greenhouse gas 
     report of the reporting entity for a year--

[[Page S13958]]

       ``(A) any significant adjustment in the greenhouse gas 
     emissions record of the reporting entity; and
       ``(B) any significant change between the greenhouse gas 
     emissions record for the preceding year and the greenhouse 
     gas emissions reported for the current year.
       ``(d) Quantification and Verification Protocols and 
     Tools.--
       ``(1) In general.--The Administrator and the Secretary of 
     Commerce, the Secretary of Agriculture, and the Secretary of 
     Energy shall jointly work with the States, the private 
     sector, and nongovernmental organizations to develop--
       ``(A) protocols for quantification and verification of 
     greenhouse gas emissions;
       ``(B) electronic methods for quantification and reporting 
     of greenhouse gas emissions; and
       ``(C) greenhouse gas accounting and reporting standards.
       ``(2) Best practices.--The protocols and methods developed 
     under paragraph (1) shall conform, to the maximum extent 
     practicable, to the best practice protocols that have the 
     greatest support of experts in the field.
       ``(3) Incorporation into regulations.--The Administrator 
     shall incorporate the protocols developed under paragraph 
     (1)(A) into the regulations promulgated under section 706.
       ``(4) Outreach program.--The Administrator, the Secretary 
     of Commerce, the Secretary of Agriculture, and the Secretary 
     of Energy shall jointly conduct an outreach program to 
     provide information to all reporting entities and the public 
     on the protocols and methods developed under this subsection.
       ``(e) Verification.--
       ``(1) Provision of information by reporting entities.--Each 
     reporting entity shall provide information sufficient for the 
     Administrator to verify, in accordance with greenhouse gas 
     accounting and reporting standards developed under subsection 
     (d)(1)(C), that the greenhouse gas report of the reporting 
     entity--
       ``(A) has been accurately reported; and
       ``(B) in the case of each project reduction, represents 
     actual reductions in greenhouse gas emissions or actual 
     increases in net sequestration, as applicable.
       ``(2) Independent third-party verification.--A reporting 
     entity may--
       ``(A) obtain independent third-party verification; and
       ``(B) present the results of the third-party verification 
     to the Administrator for consideration by the Administrator 
     in carrying out paragraph (1).
       ``(f) Enforcement.--The Administrator may bring a civil 
     action in United States district court against a covered 
     entity that fails to comply with subsection (a), or a 
     regulation promulgated under section 706(e), to impose a 
     civil penalty of not more than $25,000 for each day that the 
     failure to comply continues.

     ``SEC. 705. NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY.

       ``Not later than April 30, 2002, and each April 30 
     thereafter, the Administrator shall publish a national 
     greenhouse gas emissions inventory that includes--
       ``(1) comprehensive estimates of the quantity of United 
     States greenhouse gas emissions for the second preceding 
     calendar year, including--
       ``(A) for each greenhouse gas, an estimate of the quantity 
     of emissions contributed by each key source category;
       ``(B) a detailed analysis of trends in the quantity, 
     composition, and sources of United States greenhouse gas 
     emissions; and
       ``(C) a detailed explanation of the methodology used in 
     developing the national greenhouse gas emissions inventory; 
     and
       ``(2) a detailed analysis of the information reported to 
     the national greenhouse gas emissions information system and 
     the national greenhouse gas registry.

     ``SEC. 706. REGULATIONS.

       ``(a) In General.--The Administrator may promulgate such 
     regulations as are necessary to carry out this title.
       ``(b) Best Practices.--In developing regulations under this 
     section, the Administrator shall seek to leverage leading 
     protocols for the measurement, accounting, reporting, and 
     verification of greenhouse gas emissions.
       ``(c) National Greenhouse Gas Emissions Information 
     System.--Not later than January 31, 2003, the Administrator 
     shall promulgate such regulations as are necessary to 
     establish the national greenhouse gas emissions information 
     system.
       ``(d) National Greenhouse Gas Registry.--Not later than 
     January 31, 2004, the Administrator shall promulgate such 
     regulations as are necessary to establish the national 
     greenhouse gas registry.
       ``(e) Mandatory Reporting Requirements.--
       ``(1) Initial reporting requirements.--Not later than 
     January 31, 2003, the Administrator shall promulgate such 
     regulations as are necessary to implement the initial 
     mandatory reporting requirements under section 704(a)(1).
       ``(2) Final reporting requirements.--Not later than January 
     31, 2004, the Administrator shall promulgate such regulations 
     as are necessary to implement the final mandatory reporting 
     requirements under section 704(a)(2).
       ``(f) Voluntary Reporting Provisions.--Not later than 
     January 31, 2004, the Administrator shall promulgate such 
     regulations and issue such guidance as are necessary to 
     implement the voluntary reporting provisions under section 
     704(b).
       ``(g) Adjustment Factors.--Not later than January 31, 2004, 
     the Administrator shall promulgate such regulations as are 
     necessary to implement the adjustment factors under section 
     704(c).''.

  Mr. JEFFORDS. Mr. President, we are now near the end of the first 
session of the 107th Congress. It has been an exceedingly long and 
difficult year. There have been many changes, surprises and tragedies.
  One politically significant event that particularly dismayed me was 
the President's modification of his campaign pledge to reduce emissions 
of four major pollutants, sulfur dioxide, nitrogen oxides, mercury and 
carbon dioxide, emitted by power plants. In March, he wrote to several 
Senators telling them he would no longer support mandatory emissions 
reductions for carbon dioxide, an important greenhouse gas. This struck 
me as a return to a 1950s-style energy and environmental policy.
  On a more optimistic role, however, that reversal and the 
administration's unilateral withdrawal and disengagement from the 
international negotiations to implement the United Nations Framework 
Convention on Climate Change and the Kyoto Protocol has created more 
interest and activity on this matter than ever on Capitol Hill and in 
the media.
  Now, many Members are asking themselves whether Congress should just 
proceed without the Administration. In fact, the Daschle-Bingaman 
energy legislation contains a significant climate change title that 
does just that. This subject will contain to receive a great deal of 
attention in the Environment and Public Works Committee and elsewhere 
as we try to implement through statute our existing national commitment 
to reduce greenhouse gas emissions to 1990 levels.
  Today, I am joining with Senators Corzine and Lieberman in 
introducing a bill to amend the Clean Air Act to require reporting of 
greenhouse gas emissions from major sources and to create a voluntary 
registry for those sources to document their emissions reduction 
efforts. This new system will be maintained and operated by the 
Environmental Protection Agency, which has the greatest Federal agency 
experience and capability in monitoring enforcing and tracking air 
emissions. The information generated by this system will be of great 
assistance in developing a national trading system in carbon emission 
credits. The U.S. is a global leader in the creation and operation of 
such systems and must not lag behind doors in the international 
community.
  We have been waiting some time for the Administration to make known 
the results of its climate change policy review and for a constructive 
multi-pollutant legislative proposal. There is no question that the 
terrible events of September 11, have had a devastating effect on our 
citizenry and the government. But, we are a great nation and the 
Federal Government must be capable of working on a variety of domestic 
and international fronts, even in the face of great adversity. There 
are few, if any, environmental issues more compelling than global 
warming and its effects.
  As many Senators may recall, Congress and the previous Bush 
Administration worked together and were very productive during the Gulf 
War on many pieces of environmental legislation, not the least of which 
was the Clean Air Act Amendments of 1990. That was a different time, 
but that situation demonstrates that given the right level of attention 
and resources, we can accomplish a great deal working together even 
under stressful circumstances.
  The Administration's unilateral approach to this important subject is 
puzzling. The U.S. is responsible for approximately 25 percent of the 
total carbon loading to the atmosphere. This man-made pollution is 
leading to a warming of the entire planet through the greenhouse 
effect, according to the National Academy of Sciences. Surely, we 
should do our share to reduce these emissions to protect our 
environmental and economy, and our global neighbors. That is the most 
certain way to protect our long-term interests and reduce the impacts 
of proceeding with business as usual.
  We have asked a great deal of our friends across the globe as part of 
our

[[Page S13959]]

response to terrorism, particularly of our friends in the European 
Union. We must not forget that they too have an agenda for the 
international community and that agenda includes concerted action on 
climate change. Ignoring that agenda for too long may create 
unnecessary trade and tariff barrier problems for U.S. goods and 
services. Already, the pending adoption of the Kyoto Protocol in 
European Union countries and elsewhere poses, complex accounting and 
trade issues for U.S. multi-nationals operating in Annex I countries.
  The Administration's silence on this clearly growing problem is also 
puzzling. The National Oceanic and Atmospheric and the World 
Meteorological Organization say that 2001 will be the second warmest 
year on record since records have been kept in the mid-1800s. Recently, 
the Washington Post reported on the New England Regional Assessment of 
the Potential Consequence of Climate Variability and Change.
  The Assessment, which is one of the many regional assessments being 
conducted pursuant to the Global Change Research Act of 1990, found 
that the Northeast's climate is likely to become hotter and more flood-
prone. The region may see a 6-9 degrees fahrenheit overall temperature 
increase over the next 100 hundreds due to the global warming caused by 
greenhouse gas emissions. This would cause sugar maples to disappear 
from Vermont forests, threaten coastal areas with rising sea levels, 
exacerbate existing air pollution problems and harm cold-weather-
dependent industries like skiing.
  There are varying claims about the economic effects related to global 
warming and climate change. Effects that will occur beyond the normal 
economic forecasting period are difficult to determine. But, some 
studies have suggested that when a doubling of atmospheric 
CO2 occurs, sometime in the next 50-70 years according to 
most models, the cost to the U.S. economy could be between 0.3 percent-
6 percent of GDP in 2000 dollars. While the nature of the exact impacts 
of climate change on forestry, construction, hydropower, and 
agriculture are disputed, most sectors will see losses, according to 
studies for the U.S. Environmental Protection Agency, 
Pennsylvania Academy of Science, Oak Ridge National Laboratory, 
Massachusetts Institute of Technology, Yale University, Pew Center on 
Global Climate Change, and the Institute for International Economics.

  These effects can be lessened by purposeful and strong leadership in 
the Congress and the White House. We have the technological ability to 
revolutionize our use of fossil fuels through efficiency and process 
changes, and to radically increase our production of renewable energy 
in all forms. These steps can dramatically and cost-effectively reduce 
carbon emissions in the near term, according to studies done by the 
Department of Energy and various think-tanks. However, we must do 
something soon to stimulate that revolution.
  Providing information on waste generation and release into the 
environment has been a great success of the Toxic Release Inventory. 
Educating the public and the market about wasteful behavior has 
stimulated major emissions reductions. The bill we are introducing 
today should be similarly successful in promoting innovation and 
efficiency in all major carbon emitting sectors, in addition to 
preparing the appropriate infrastructure for a national carbon credit 
trading system.
  Early in the next session, the Senate Environment and Public Works 
Committee will mark up S. 556, the Clean Power Act, which requires 
reductions in greenhouse gas emission from the power generating sector. 
That sector's emissions have risen approximately 26 percent above 1990 
levels and are expected to grow 1.8 percent annually without some 
Federal action. This is well beyond our international treaty 
commitments on a sector basis. The majority of those facilities are 
already required to report their carbon dioxide emissions to EPA.
  I am hopeful that we can proceed with a tri-partisan, consensual 
markup of the Clean Power Act. But, two elements may preclude our 
ability to achieve some agreement. First, the Administration may go 
forward with proposals to modify the New Source Review, NSR, program. 
This possibility gravely concerns me and other Members of the 
Committee, given the lack of transparency in the Administration's 
proceedings on the pending NSR enforcement actions and the 
``consistency'' review by the Department of Justice. And, second, 
perhaps more importantly, there is a distinct lack of constructive 
engagement with the Committee on a multi-pollutant bill or any clear 
progress on an Administration proposal.
  Next year promises to be very busy in the energy and environmental 
policy arena. We cannot afford to simply recreate the debates that 
occurred during the Energy Policy Act of 1992. We know the world to be 
a much different place now and fraught with greater and more complex 
dangers like global warming. It would be irresponsible in the extreme 
for Congress or the White House to take actions that increase, rather 
than decrease, the likelihood of those dangers.
  I look forward to working with the Administration and my colleagues 
on a variety of actions to make progress in adapting to the climate 
change we have already caused and on reducing greenhouse gas emissions 
to prevent greater future damage that our great-grandchildren will have 
to face.
  I ask unanimous consent to print the article to which I referred in 
the Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Dec. 17, 2001]

                     Northeast Seen Getting Balmier

                          (By Michael Powell)

       New York.--New England's maple trees stop producing sap. 
     The Long Island and Cape Cod beaches shrink and shift, and 
     disappear in places. Cases of heatstroke triple.
       And every 10 years or so, a winter storm floods portions of 
     Lower Manhattan, Jersey city and Coney Island with seawater.
       The Northeast of recent historical memory could disappear 
     this century, replaced by a hotter and more flood-prone 
     region where New York could have the climate of Miami and 
     Boston could become as sticky as Atlanta, according to the 
     first comprehensive federal studies of the possible effects 
     of global warming on the Northeast.
       ``In the most optimistic projection, we will end up with a 
     six- to nine-degree increase in temperature,'' said George 
     Hurtt, a University of New Hampshire scientist and co-author 
     of the study on the New England region. ``That's the greatest 
     increase in temperature at any time since the last Ice Age.''
       Commissioned by Congress, the separate reports on New 
     England and the New York region explore how global warming 
     could affect the coastline, economy and public health of the 
     Northeast. The language is often technical, the projections 
     reliant on middle-of-the-road and sometimes contradictory 
     predictive models.
       But the predications are arresting.
       New England, where the regional character was forged by 
     cold and long, dark winters, could face a balmy future that 
     within 30 to 40 years could result in increased crop 
     production but also destroy prominent native tree species.
       ``The brilliant reds, oranges and yellows of the maples, 
     birches and beeches may be replaced by the browns and dull 
     greens of oaks,'' the New England report concludes. Within 20 
     years, it says, ``the changes in climate could potentially 
     extirpate the sugar maple industry in New England.''
       The reports' origins date to 1990, when Congress passed the 
     Global Change Research Act. Seven years later, the 
     Environmental Protection Agency appointed 16 regional panels 
     to examine global warming, and how the nation might adapt. 
     These Northeast reports, completed about two months ago, are 
     among the last to be released. (The mid-Atlantic report, 
     which includes Washington, was completed a year go.)
       The scientists on the panels employed conventional 
     assumptions, such as an annual 1 percent increase in 
     greenhouse gases in the atmosphere. They conclude that global 
     warming is already occurring, noting that, on average, the 
     Northeast became two degrees warmer in the past century. And 
     they say that the temperature rise in the 21st century ``will 
     be significantly larger than in the 20th century.'' One 
     widely used climate model cited in the report predicted a 
     six-degree increase, the other 10 degrees.
       The Environmental Protection Agency summarizes the findings 
     on its Web site.
       ``Changing regional climate could alter forests, crop 
     yields, and water supplies,'' the EPA states. ``It could also 
     threaten human health, and harm birds, fish, and many types 
     of ecosystems.''
       Yale economist Robert O. Mendelsohn is more skeptical. He 
     agrees that mild global warming seems likely to continue--but 
     argues that a slightly hotter climate will make the U.S. 
     economy in general, and the Northeast in particular, more 
     rather than less productive. A greater risk comes from 
     spending billions of dollars to slow emissions of greenhouse 
     gases.
       ``Even in the extreme scenarios, the northern United States 
     benefits from global

[[Page S13960]]

     warming,'' said Mendelsohn, editor of the forthcoming 
     ``Global Warming and the American Economy.'' ``To have New 
     England lead the battle against global warming would be 
     deeply ironic, because it will be beneficial to our 
     climate and economy.''
       The scientists on the Northeastern panels estimated that 
     Americans have a grace period of a decade or two, during 
     which the nation can adapt before global warming accelerates.
       ``We will face an increasingly hazardous local environment 
     in this century,'' said William Solecki, a professor of 
     geography at Montclair State University in New Jersey and a 
     co-author of the climate change report covering the New York 
     metropolitan region. ``We're in transition right now to 
     something entirely new and uncertain.''


                              heat island

       New York City, the nation's densest urban center, is 
     armored with heat-retaining concrete and stone, and so its 
     median temperature hovers five to six degrees above the 
     regional norm. The city, the New York report predicts, will 
     grow warmer still. Within 70 years, New York will have as 
     many 90-degree days a year as Miami does now.
       If temperatures and ozone levels rise, the report says, the 
     poor, the elderly and the young--especially those in crowded, 
     poorly ventilated buildings--could suffer more heatstroke and 
     asthma.
       But such problems might have relatively inexpensive 
     solutions, from subsidizing the purchase of air conditioners 
     to planting trees and painting roofs light colors to reflect 
     back heat.
       ``The experience of southern cities is that you can cut 
     deaths and adapt rather easily,'' said Patrick Kinney of the 
     Mailman School of Public Health at Columbia University, who 
     authored a section of the report.
       Rising ocean waters present a more complicated threat. The 
     seas around New York have risen 15 to 18 inches in the past 
     century, and scientists forecast that by 2050, waters could 
     rise an additional 10 to 20 inches.
       By 2080, storms with 25-foot surges could hit New York 
     every three or four years, inundating the Hudson River 
     tunnels and flooding the edges of the financial district, 
     causing billions of dollars in damage.
       ``This clearly is untenable,'' said Klaus Jacob, a senior 
     research scientist with Columbia University's Lamont-Doherty 
     Earth Observatory, who worked on the New York report and is 
     an expert on disaster and urban infrastructure. ``A world-
     class city cannot afford to be exposed to such a threat so 
     often.''
       Jacob recommends constructing dikes and reinforced seawalls 
     in Lower Manhattan, and new construction standards for the 
     lower floors of offices.
       Sea-level rise could reshape the entire Northeast 
     coastline, turning the summer retreats of the Hamptons and 
     Cape Cod into landscapes defined by dikes and houses on 
     stilts. Should this come to pass, government would have to 
     decide whether to allow nature to have its way, or to spend 
     vast sums of money to replenish beaches and dunes. 
     Complicating the issue is the fact that some wealthy coastal 
     communities exclude non-resident taxpayers from their 
     beaches.
       ``Multimillionaires already are armoring their property 
     with sandbags, but they can't do it on their own,'' said 
     Vivian Gornitz of Columbia's Center for Climate Systems 
     Research, author of the report's section on sea rise. ``You 
     would be asking taxpayers to pay for restoring beaches they 
     can never walk on, and they might demand access.''


                            mild new england

       Farther north, global warming could change flora and fauna, 
     and perhaps the culture itself.
       Compared with a century ago, the report notes, ice melts a 
     week earlier on northern lakes. Ticks carrying Lyme disease 
     range north of what scientists once assumed was their natural 
     habitat. Moist, warm winters have led to large populations of 
     mosquitoes, with an accompanying risk of encephalitis and 
     even malaria.
       ``The present warming trend has led to another growing 
     health problem,'' the report states, ``in the incidence of 
     red tides, fish kills and bacterial contamination.''
       Hot, dry summer months, the report continues, ``are ideal 
     for converting automobile exhaust . . . into ozone.'' Because 
     winds flow west to east, New England already serves as 
     something of a tailpipe for the nation. The report notes that 
     a study of ozone pollution and lung capacity found that 
     hikers on Mount Washington, New Hampshire's highest peak, 
     ended their treks in worse condition than when they started.
       These findings are not definitive. Rising temperatures 
     could exacerbate the effects of harmful ozone--but anti-
     pollution laws are also cutting emissions.
       ``There is a little tendency to be alarmist in global 
     warming studies,'' Kinney said. ``We could keep ozone in 
     check.''
       A warmer New England could help some economic sectors. As 
     oak and hickory replace maples and birch, so commercial 
     forestry might grow. Shorter winters could translate into 
     longer growing seasons, lower fuel bills and less money spent 
     on frost-heaved roads. The foliage and ski industries would 
     suffer, but lingering autumns could bring more tourists and 
     dollars to the coastal towns of Maine and Massachusetts.
       ``People complain that we'll lose the sugar maple, but 100 
     years ago, New England was 80 percent farmland,'' said Yale 
     economist Mendelsohn. ``In fact, an entire landscape has 
     shifted in the past 100 years, and most people have no idea 
     it was once so different.''
       Perhaps--though cold has defined New England for almost 400 
     years, and some historians caution that the cultural shift 
     could prove disorienting. The region reflects its climate; 
     the literature is austere, the houses stout. For the 19th 
     century naturalists of the region, a clammy southern heat 
     represented moral slackness.
       ``Surviving winter has become our self-selecting filter,'' 
     said Vermont archivist Gregory Sanford. ``What will we brag 
     about if we live in a temperate zone and go around in 
     Hawaiian shirts and sandals?''
                                 ______