II 

118TH CONGRESS 

2D SESSION S. 5630 

To amend the Clean Air Act to modify the Methane Emissions Reduction 

Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Mr. LANKFORD introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Clean Air Act to modify the Methane 

Emissions Reduction Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Methane Emissions 

5 Reduction Program Clarifications Act of 2024’’ or the 

6 ‘‘MERP Clarifications Act of 2024’’. 


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1 SEC. 2. METHANE EMISSIONS AND WASTE REDUCTION IN2 CENTIVE PROGRAM FOR PETROLEUM AND 

3 NATURAL GAS SYSTEMS. 

4 (a) AMENDMENTS.—Section 136 of the Clean Air Act 

5 (42 U.S.C. 7436) is amended— 

6 (1) in subsection (f), by adding at the end the 

7 following: 

8 ‘‘(8) EXEMPTION FOR SMALL UPSTREAM PRO9 DUCERS.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 may not, pursuant to any requirement under 

12 this section, impose a reporting requirement or 

13 a charge under this section on an applicable fa14 cility described in subparagraph (B). 

15 ‘‘(B) APPLICABLE FACILITIES DE16 SCRIBED.—An applicable facility referred to in 

17 subparagraphs (A), (C), and (D) is an applica18 ble facility that, as of August 16, 2022— 

19 ‘‘(i) was generating less than 25,000 

20 metric tons of carbon dioxide equivalent of 

21 greenhouse gases emitted per year; and 

22 ‘‘(ii) had 2,500 or fewer full-time em23 ployees. 

24 ‘‘(C) NO REQUIREMENT TO DEM25 ONSTRATE.—The Administrator may not im26 pose a requirement that an applicable facility 


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1 described in subparagraph (B) demonstrate to 

2 the Administrator that the applicable facility 

3 meets the requirements described in that sub4 paragraph. 

5 ‘‘(D) NOTIFICATION.— 

6 ‘‘(i) NOTICE TO FACILITY.—Not later 

7 than 60 days after the date of enactment 

8 of this paragraph, the Administrator shall 

9 provide written notice to each applicable 

10 facility described in subparagraph (B) that 

11 the applicable facility is not subject to the 

12 reporting requirements or charges imposed 

13 under this section. 

14 ‘‘(ii) PUBLICATION.—The Adminis15 trator shall communicate publicly (includ16 ing through press releases and messages 

17 on the website of the Environmental Pro18 tection Agency) that the applicable facili19 ties described in subparagraph (B) are not 

20 subject to the reporting requirements or 

21 charges imposed under this section. 

22 ‘‘(9) EXEMPTION FOR CERTAIN PRODUCERS.— 

23 Notwithstanding any other requirement of this sec24 tion, the Administrator may not impose a charge 


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1 under this section on an applicable facility during 

2 any period in which the applicable facility— 

3 ‘‘(A) complies with subpart OOOOb and 

4 OOOOc, as applicable, of part 60 of title 40, 

5 Code of Federal Regulations (or successor regu6 lations); and 

7 ‘‘(B) is located in a State in compliance 

8 with the applicable State implementation plan 

9 required under subpart OOOOc of that part (or 

10 successor regulations).’’; 

11 (2) by striking subsection (g) and inserting the 

12 following: 

13 ‘‘(g) PERIOD.—The Administrator may not impose or 

14 collect the charge under subsection (c) until January 1 

15 of the first calendar year that begins after the date on 

16 which the Administrator submits to the Committee on En17 vironment and Public Works of the Senate and the Com18 mittee on Energy and Commerce of the House of Rep19 resentatives a written notice that each of the following re20 quirements has been met for a period of not less than 1 

21 year before that January 1: 

22 ‘‘(1) The grants authorized under subsections 

23 (a) and (b) have been fully disbursed to all eligible 

24 recipients. 


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1 ‘‘(2) The revisions to subpart W of part 98 of 

2 title 40, Code of Federal Regulations, that are re3 quired under this section— 

4 ‘‘(A) ensure the use of emissions factors 

5 that have been validated by the Administrator 

6 and posted to the website of the Administrator; 

7 and 

8 ‘‘(B) have been finalized.’’; 

9 (3) by redesignating subsection (i) as subsection 

10 (k); 

11 (4) by inserting after subsection (h) the fol12 lowing: 

13 ‘‘(i) PUBLIC COMMENT PERIOD.—Except as provided 

14 in section 2(c) of the MERP Clarifications Act of 2024, 

15 any proposed regulation, rule, guidance, or directive with 

16 respect to the implementation of this section from the Ad17 ministrator, the Executive Office of the President, or an18 other Federal agency shall, consistent with subchapter II 

19 of chapter 5, and chapter 7, of title 5, United States Code 

20 (commonly known as the ‘Administrative Procedure Act’), 

21 be subject to a period of public comment of not less than 

22 90 days. 

23 ‘‘(j) DISPUTE RESOLUTION PROCEDURE.—Not later 

24 than 60 days after the date of enactment of this sub25 section, the Administrator shall, consistent with subVerDate Sep 11 2014 21:55 Jan 27, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5630.IS S5630

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1 chapter II of chapter 5, and chapter 7, of title 5, United 

2 States Code (commonly known as the ‘Administrative Pro3 cedure Act’), propose a rule establishing an expedited 

4 process for an applicable facility to appeal or dispute the 

5 amount of a charge imposed under this section that is sep6 arate and apart from any other such process under this 

7 Act.’’; and 

8 (5) by adding at the end the following: 

9 ‘‘(l) SUNSET.— 

10 ‘‘(1) TERMINATION OF EFFECTIVENESS.— 

11 ‘‘(A) IN GENERAL.—The authority pro12 vided under this section terminates on Decem13 ber 31, 2034. 

14 ‘‘(B) LIMITATIONS.— 

15 ‘‘(i) REAUTHORIZATION PERIOD.— 

16 Notwithstanding any other provision of law 

17 or rule of the Senate or House of Rep18 resentatives, Congress may only amend the 

19 date described in subparagraph (A)— 

20 ‘‘(I) through a standalone bill 

21 that— 

‘‘(aa) is adopted by a 2 22 ⁄3

23 majority in each chamber, based 

24 on the whole number of all mem25 bers of the chamber; and 


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1 ‘‘(bb) for the adoption of 

2 which proxy voting shall not be 

3 allowed; and 

4 ‘‘(II) by extending the authoriza5 tion period for this section in 3-year 

6 intervals. 

7 ‘‘(ii) NO SHORT-TERM EXTENSION.— 

8 Congress may not extend the authorization 

9 period for this section for any period less 

10 than the period described in clause (i)(II). 

11 ‘‘(2) CONTINUED IMPOSITION OF WASTE

12 CHARGE.— 

13 ‘‘(A) IN GENERAL.—If this section is not 

14 reauthorized by December 31, 2034, the Ad15 ministrator shall immediately cease all activities 

16 with respect to the imposition of the charge 

17 under this section. 

18 ‘‘(B) ENFORCEMENT.— 

19 ‘‘(i) IN GENERAL.—If the Adminis20 trator or the head of any other applicable 

21 Federal agency carries out any authority 

22 under this section after the date described 

23 in subparagraph (A), a party that suffers 

24 likely harm from the carrying out of that 

25 authority may seek financial compensation 


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1 from the Federal Government in the ap2 propriate Federal district court. 

3 ‘‘(ii) EXPEDITED RELIEF.—A Federal 

4 district court shall expedite the consider5 ation of an action described in clause (i) 

6 brought by the owner of an applicable fa7 cility with 2,500 or fewer full-time employ8 ees. 

9 ‘‘(3) RESCISSION.—On December 31, 2034, 

10 there is rescinded the unobligated balance of 

11 amounts made available under subsections (a) and 

12 (b) as of that date.’’. 

13 (b) DESCRIPTION OF REQUIREMENTS AND CALCULA14 TIONS.— 

15 (1) IN GENERAL.—Not later than 60 days after 

16 the date of enactment of this Act, the Administrator 

17 of the Environmental Protection Agency (referred to 

18 in this section as the ‘‘Administrator’’) shall make 

19 publicly available, including on the website of the 

20 Environmental Protection Agency, an Administra21 tor’s Order that includes the following information: 

22 (A) Consistent with the Plain Writing Act 

23 of 2010 (5 U.S.C. 301 note; Public Law 111– 

24 274) and Executive Orders 12866 (5 U.S.C. 

25 601 note; relating to regulatory planning and 


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1 review), 12988 (28 U.S.C. 519 note; relating to 

2 civil justice reform), and 13563 (5 U.S.C. 601 

3 note; relating to improving regulation and regu4 latory review), an easily understandable expla5 nation of— 

6 (i) the methods used for calculating, 

7 for purposes of section 136 of the Clean 

8 Air Act (42 U.S.C. 7436)— 

9 (I) the carbon dioxide equivalent 

10 of greenhouse gases emitted; 

11 (II) methane intensity; and 

12 (III) other emissions factors; and 

13 (ii) the key calculations necessary to 

14 understand the requirements of the pro15 gram under that section, including the con16 version from carbon dioxide emissions to 

17 methane emissions necessary for deter18 mining the amount of the charge imposed 

19 and collected under that section. 

20 (B) The methods and mechanisms (includ21 ing the methods and mechanisms described in 

22 subparagraph (A)(i), as applicable) used to cal23 culate, for each category described in para24 graphs (1) through (9) of subsection (d) of that 


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1 section, the charge imposed and collected pursu2 ant to subsection (c) of that section. 

3 (C) With respect to the development of any 

4 information described in subparagraphs (A)(i) 

5 and (B)— 

6 (i) a list of the names, including titles, 

7 occupations, and biographies, of all con8 sultants (including international and do9 mestic consultants) that assisted in that 

10 development; 

11 (ii)(I) a list of the academic institu12 tions (including any international and do13 mestic academic institutions) that assisted 

14 in that development; and 

15 (II) points of contact for each such 

16 academic institution; 

17 (iii)(I) a list of the nongovernmental 

18 institutions (including any international 

19 and domestic nongovernmental institu20 tions) that assisted in that development; 

21 and 

22 (II) points of contact for each such 

23 nongovernmental institution; and 


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1 (iv) a list of any other organizations 

2 the resources or personnel of which were 

3 used in any way in that development. 

4 (D) A description, including citations and 

5 hyperlinks, of all studies used by the Adminis6 trator to develop the information described in 

7 subparagraphs (A)(i) and (B). 

8 (E) A summary of all other information 

9 collected and used by the Administrator to de10 velop the information described in subpara11 graphs (A)(i) and (B). 

12 (2) REQUIREMENTS.—In carrying out para13 graph (1), the Administrator shall, in consultation 

14 with the owners and operators of applicable facilities 

15 (as defined in section 136(d) of the Clean Air Act 

16 (42 U.S.C. 7436(d)) with fewer than 2,500 full-time 

17 employees, ensure that the documentation required 

18 under that paragraph will allow operators subject to 

19 a reporting requirement or charge under section 136 

20 of the Clean Air Act (42 U.S.C. 7436) to clearly un21 derstand the reporting requirements and calculations 

22 required under that section. 

23 (c) RULEMAKING REQUIREMENTS.—Except as other24 wise provided in this section or an amendment made by 

25 this section, any proposed regulation, rule, guidance, or 


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1 other document required under this section or an amend2 ment made by this section shall be subject to, as applica3 ble— 

4 (1) except as provided for in paragraph (2), the 

5 notice and comment provisions of section 553 of title 

6 5, United States Code; and 

7 (2) a public comment period of not less than 

8 120 days. 

Æ 


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