[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4222-S4225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5203. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
Strike section 60107 and all that follows through section
60201 and insert the following:
SEC. 60107. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
(c) Definition of Greenhouse Gas.--In this section, the
term ``greenhouse gas'' has the meaning given the term in
section 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
7545(o)(1)(G)) (as in effect on the date of enactment of this
Act).
SEC. 60108. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 60109. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $18,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$4,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 60110. GREENHOUSE GAS CORPORATE REPORTING.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, for the
Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
(as defined in section 211(o)(1)(G) of the Clean Air Act (42
U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment
of this Act)) emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
SEC. 60111. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, and enhanced standardization and transparency,
of environmental product declarations for construction
materials and products, including by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G)
[[Page S4223]]
of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect
on the date of enactment of this Act)) emissions associated
with all relevant stages of production of a material or
product, measured in kilograms of carbon dioxide-equivalent
per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration, as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 60112. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 60103 of this Act, the
following:
``SEC. 135. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$850,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations;
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
support for communities, including funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) permanently shutting in and plugging wells on non-
Federal land;
``(E) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(F) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, including the costs of implementing
the waste emissions charge under subsection (c), preparing
inventories, gathering empirical data, and tracking
emissions.
``(b) Incentives for Methane Mitigation From Conventional
Wells.--In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$700,000,000, to remain available until September 30, 2028,
for activities described in paragraphs (1) through (4) of
subsection (a) at marginal conventional wells.
``(c) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (f)
from an owner or operator of an applicable facility that
reports more than 25,000 metric tons of carbon dioxide
equivalent of greenhouse gases emitted per year pursuant to
subpart W of part 98 of title 40, Code of Federal
Regulations, regardless of the reporting threshold under that
subpart.
``(d) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations:
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing.
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(e) Charge Amount.--The amount of a charge under
subsection (c) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of metric tons of methane emissions
reported pursuant to subpart W of part 98 of title 40, Code
of Federal Regulations, for the applicable facility that
exceed the applicable annual waste emissions threshold listed
in subsection (f) during the previous reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2024;
``(B) $1,200 for emissions reported for calendar year 2025;
or
``(C) $1,500 for emissions reported for calendar year 2026
and each year thereafter.
``(f) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (c)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (d), the Administrator
shall impose and collect the charge on the reported metric
tons of methane emissions from such facility that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (c) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (d), the Administrator shall impose and collect
the charge on the reported metric tons of methane emissions
that exceed 0.05 percent of the natural gas sent to sale from
such facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (c) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (d), the
Administrator shall impose and collect the charge on the
reported metric tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from such facility.
``(4) Common ownership or control.--In calculating the
total emissions charge obligation for facilities under common
ownership or control, the Administrator shall allow for the
netting of emissions by reducing the total obligation to
account for facility emissions levels that are below the
applicable thresholds within and across all applicable
segments identified in subsection (d).
``(5) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay, as determined by the
Administrator, in environmental permitting of gathering or
transmission infrastructure necessary for offtake of
increased volume as a result of methane emissions mitigation
implementation.
``(6) Exemption for regulatory compliance.--
``(A) In general.--Charges shall not be imposed pursuant to
subsection (c) on an applicable facility that is subject to
and in compliance with methane emissions requirements
pursuant to subsections (b) and (d) of section 111 upon a
determination by the Administrator that--
``(i) methane emissions standards and plans pursuant to
subsections (b) and (d) of section 111 have been approved and
are in effect in all States with respect to the applicable
facilities; and
``(ii) compliance with the requirements described in clause
(i) will result in equivalent or greater emissions reductions
as would be achieved by the proposed rule of the
Administrator entitled `Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines
for Existing Sources: Oil and Natural Gas Sector Climate
Review' (86 Fed. Reg. 63110 (November 15, 2021)), if such
rule had been finalized and implemented.
``(B) Resumption of charge.--If the conditions in clause
(i) or (ii) of subparagraph (A) cease to apply after the
Administrator has made the determination in that
subparagraph, the applicable facility will again be subject
to the charge under subsection (c) beginning in the first
calendar year in which the conditions in either clause (i) or
(ii) of that subparagraph are no longer met.
``(7) Plugged wells.--Charges shall not be imposed with
respect to the emissions rate from any well that has been
permanently shut-in and plugged in the previous year in
accordance with all applicable closure requirements, as
determined by the Administrator.
``(g) Period.--The charge under subsection (c) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2024 and for each year thereafter.
``(h) Implementation.--In addition to other authorities in
this Act addressing air pollution from the oil and natural
gas sectors, the Administrator may issue guidance or
regulations as necessary to carry out this section.
``(i) Reporting.--Not later than 2 years after the date of
enactment of this section, and as necessary thereafter, the
Administrator shall revise the requirements of subpart W of
part 98 of title 40, Code of Federal Regulations, to ensure
the reporting under such subpart, and calculation of charges
under subsections (e) and (f) of this section, are based on
empirical data, including data collected pursuant to
subsection (a)(4), accurately reflect the total methane
emissions
[[Page S4224]]
and waste emissions from the applicable facilities, and allow
owners and operators of applicable facilities to submit
empirical emissions data, in a manner to be prescribed by the
Administrator, to demonstrate the extent to which a charge
under subsection (c) is owed.
``(j) Liability for Charge Payment.--Except as established
under this section, a facility owner or operator's liability
for payment of the charge under subsection (c) is not
affected in any way by emission standards, permit fees,
penalties, or other requirements under this Act or any other
legal authorities.
``(k) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' has the meaning given the term in
section 211(o)(1)(G) (as in effect on the date of enactment
of this section).''.
SEC. 60113. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 60112 of this Act, the
following:
``SEC. 136. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, including providing technical assistance to eligible
entities, developing a plan that could be used as a model by
grantees in developing a plan under subsection (b), and
modeling the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding--
``(A) the degree to which greenhouse gas air pollution is
projected to be reduced, including with respect to low-income
and disadvantaged communities; and
``(B) the quantifiability, specificity, additionality,
permanence, and verifiability of such projected greenhouse
gas air pollution reduction.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an air pollution control agency;
``(C) a municipality;
``(D) an Indian tribe; and
``(E) a group of one or more entities listed in
subparagraphs (A) through (D).
``(2) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) (as in effect
on the date of enactment of this section).''.
SEC. 60114. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 60115. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
for necessary administrative costs of the Administrator of
the Environmental Protection Agency to carry out this section
and to develop and carry out a program, in consultation with
the Administrator of the Federal Highway Administration for
construction materials used in transportation projects and
the Administrator of General Services for construction
materials used for Federal buildings, to identify and label
low-embodied carbon construction materials and products based
on--
(1) environmental product declarations;
(2) determinations of the California Department of General
Services Procurement Division, in consultation with the
California Air Resources Board; or
(3) determinations by other State agencies, as verified by
the Administrator of the Environmental Protection Agency.
(b) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas (as defined in section
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G))
(as in effect on the date of enactment of this Act))
emissions associated with all relevant stages of production
of a material or product, measured in kilograms of carbon
dioxide-equivalent per unit of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) Low-embodied carbon construction materials and
products.--The term ``low-embodied carbon construction
materials and products'' means construction materials and
products identified by the Administrator of the Environmental
Protection Agency as having substantially lower levels of
embodied carbon as compared to estimated industry averages of
similar materials or products.
Subtitle B--Hazardous Materials
SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
136, as added by subtitle A of this title, the following:
``SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas (as defined in section 211(o)(1)(G) (as in
effect on the date of enactment of this section)) emissions
and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal public processes, including facilitating
such engagement in advisory groups, workshops, and
rulemakings.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts
[[Page S4225]]
made available under subsection (a) for administrative costs
to carry out this section.''.
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