[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4292-S4295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5285. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5194 proposed by Mr. Schumer 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:

        Beginning on page 689, strike line 8 and all that follows 
     through page 714, line 7, and insert the following:

     SEC. 60106. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.

       (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, 
     $37,500,000, to remain available until September 30, 2031, 
     for grants and other activities to monitor and reduce 
     greenhouse gas emissions and other air pollutants at schools 
     in low-income and disadvantaged communities under subsections 
     (a) through (c) of section 103 of the Clean Air Act (42 
     U.S.C. 7403(a)-(c)) and section 105 of that Act (42 U.S.C. 
     7405).
       (b) Technical Assistance.--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, 
     $12,500,000, to remain available until September 30, 2031, 
     for providing technical assistance to schools in low-income 
     and disadvantaged communities under subsections (a) through 
     (c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)-
     (c)) and section 105 of that Act (42 U.S.C. 7405)--
       (1) to address environmental issues;
       (2) to develop school environmental quality plans that 
     include standards for school building, design, construction, 
     and renovation; and
       (3) to identify and mitigate ongoing air pollution hazards.
       (c) Definition of Greenhouse Gas.--In this section, the 
     term ``greenhouse gas'' means the air pollutants carbon 
     dioxide, hydrofluorocarbons, methane, nitrous oxide, 
     perfluorocarbons, and sulfur hexafluoride.

     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--

[[Page S4293]]

       (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'' means the air pollutants carbon 
     dioxide, hydrofluorocarbons, methane, nitrous oxide, 
     perfluorocarbons, and sulfur hexafluoride.

     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. 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, enhanced standardization and transparency, and 
     reporting criteria for environmental product declarations 
     that include measurements of the embodied greenhouse gas 
     emissions of the material or product associated with all 
     relevant stages of production, use, and disposal, and conform 
     with international standards, for construction materials and 
     products 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) Greenhouse gas.--The term ``greenhouse gas'' means the 
     air pollutants carbon dioxide, hydrofluorocarbons, methane, 
     nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
       (2) 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. 60111. 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 
     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, prepare inventories, gather 
     empirical data, and track 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.

[[Page S4294]]

       ``(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 
     or through 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 or through 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) Reporting.--Not later than 2 years after the date of 
     enactment of this section, 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 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.
       ``(i) Definition of Greenhouse Gas.--In this section, the 
     term `greenhouse gas' means the air pollutants carbon 
     dioxide, hydrofluorocarbons, methane, nitrous oxide, 
     perfluorocarbons, and sulfur hexafluoride.''.

     SEC. 60112. CLIMATE POLLUTION REDUCTION GRANTS.

       The Clean Air Act is amended by inserting after section 135 
     of such Act, as added by section 60111 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, to provide technical assistance to eligible 
     entities, to develop a plan that could be used as a model by 
     grantees in developing a plan under subsection (b), and to 
     model 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 the degree to which greenhouse gas air pollution is 
     projected to be reduced in total and with respect to low-
     income and disadvantaged communities.
       ``(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' means the 
     air pollutants carbon dioxide, hydrofluorocarbons, methane, 
     nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.

     SEC. 60113. 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.

[[Page S4295]]

  


     SEC. 60114. 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 
     construction materials and products that have substantially 
     lower levels of embodied greenhouse gas emissions associated 
     with all relevant stages of production, use, and disposal, as 
     compared to estimated industry averages of similar materials 
     or products, as determined by the Administrator of the 
     Environmental Protection Agency, based on--
       (1) environmental product declarations; or
       (2) determinations by State agencies, as verified by the 
     Administrator of the Environmental Protection Agency.
       (b) Definition of Greenhouse Gas.--In this section, the 
     term ``greenhouse gas'' means the air pollutants carbon 
     dioxide, hydrofluorocarbons, methane, nitrous oxide, 
     perfluorocarbons, and sulfur hexafluoride.

                    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.

                                 ______