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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5630 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Methane Emissions Reduction Program 
Clarifications Act of 2024'' or the ``MERP Clarifications Act of 
2024''.

SEC. 2. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE PROGRAM FOR 
              PETROLEUM AND NATURAL GAS SYSTEMS.

    (a) Amendments.--Section 136 of the Clean Air Act (42 U.S.C. 7436) 
is amended--
            (1) in subsection (f), by adding at the end the following:
            ``(8) Exemption for small upstream producers.--
                    ``(A) In general.--The Administrator may not, 
                pursuant to any requirement under this section, impose 
                a reporting requirement or a charge under this section 
                on an applicable facility described in subparagraph 
                (B).
                    ``(B) Applicable facilities described.--An 
                applicable facility referred to in subparagraphs (A), 
                (C), and (D) is an applicable facility that, as of 
                August 16, 2022--
                            ``(i) was generating less than 25,000 
                        metric tons of carbon dioxide equivalent of 
                        greenhouse gases emitted per year; and
                            ``(ii) had 2,500 or fewer full-time 
                        employees.
                    ``(C) No requirement to demonstrate.--The 
                Administrator may not impose a requirement that an 
                applicable facility described in subparagraph (B) 
                demonstrate to the Administrator that the applicable 
                facility meets the requirements described in that 
                subparagraph.
                    ``(D) Notification.--
                            ``(i) Notice to facility.--Not later than 
                        60 days after the date of enactment of this 
                        paragraph, the Administrator shall provide 
                        written notice to each applicable facility 
                        described in subparagraph (B) that the 
                        applicable facility is not subject to the 
                        reporting requirements or charges imposed under 
                        this section.
                            ``(ii) Publication.--The Administrator 
                        shall communicate publicly (including through 
                        press releases and messages on the website of 
                        the Environmental Protection Agency) that the 
                        applicable facilities described in subparagraph 
                        (B) are not subject to the reporting 
                        requirements or charges imposed under this 
                        section.
            ``(9) Exemption for certain producers.--Notwithstanding any 
        other requirement of this section, the Administrator may not 
        impose a charge under this section on an applicable facility 
        during any period in which the applicable facility--
                    ``(A) complies with subpart OOOOb and OOOOc, as 
                applicable, of part 60 of title 40, Code of Federal 
                Regulations (or successor regulations); and
                    ``(B) is located in a State in compliance with the 
                applicable State implementation plan required under 
                subpart OOOOc of that part (or successor 
                regulations).'';
            (2) by striking subsection (g) and inserting the following:
    ``(g) Period.--The Administrator may not impose or collect the 
charge under subsection (c) until January 1 of the first calendar year 
that begins after the date on which the Administrator submits to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
written notice that each of the following requirements has been met for 
a period of not less than 1 year before that January 1:
            ``(1) The grants authorized under subsections (a) and (b) 
        have been fully disbursed to all eligible recipients.
            ``(2) The revisions to subpart W of part 98 of title 40, 
        Code of Federal Regulations, that are required under this 
        section--
                    ``(A) ensure the use of emissions factors that have 
                been validated by the Administrator and posted to the 
                website of the Administrator; and
                    ``(B) have been finalized.'';
            (3) by redesignating subsection (i) as subsection (k);
            (4) by inserting after subsection (h) the following:
    ``(i) Public Comment Period.--Except as provided in section 2(c) of 
the MERP Clarifications Act of 2024, any proposed regulation, rule, 
guidance, or directive with respect to the implementation of this 
section from the Administrator, the Executive Office of the President, 
or another Federal agency shall, consistent with subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the `Administrative Procedure Act'), be subject to a period of 
public comment of not less than 90 days.
    ``(j) Dispute Resolution Procedure.--Not later than 60 days after 
the date of enactment of this subsection, the Administrator shall, 
consistent with subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the `Administrative Procedure 
Act'), propose a rule establishing an expedited process for an 
applicable facility to appeal or dispute the amount of a charge imposed 
under this section that is separate and apart from any other such 
process under this Act.''; and
            (5) by adding at the end the following:
    ``(l) Sunset.--
            ``(1) Termination of effectiveness.--
                    ``(A) In general.--The authority provided under 
                this section terminates on December 31, 2034.
                    ``(B) Limitations.--
                            ``(i) Reauthorization period.--
                        Notwithstanding any other provision of law or 
                        rule of the Senate or House of Representatives, 
                        Congress may only amend the date described in 
                        subparagraph (A)--
                                    ``(I) through a standalone bill 
                                that--
                                            ``(aa) is adopted by a \2/
                                        3\ majority in each chamber, 
                                        based on the whole number of 
                                        all members of the chamber; and
                                            ``(bb) for the adoption of 
                                        which proxy voting shall not be 
                                        allowed; and
                                    ``(II) by extending the 
                                authorization period for this section 
                                in 3-year intervals.
                            ``(ii) No short-term extension.--Congress 
                        may not extend the authorization period for 
                        this section for any period less than the 
                        period described in clause (i)(II).
            ``(2) Continued imposition of waste charge.--
                    ``(A) In general.--If this section is not 
                reauthorized by December 31, 2034, the Administrator 
                shall immediately cease all activities with respect to 
                the imposition of the charge under this section.
                    ``(B) Enforcement.--
                            ``(i) In general.--If the Administrator or 
                        the head of any other applicable Federal agency 
                        carries out any authority under this section 
                        after the date described in subparagraph (A), a 
                        party that suffers likely harm from the 
                        carrying out of that authority may seek 
                        financial compensation from the Federal 
                        Government in the appropriate Federal district 
                        court.
                            ``(ii) Expedited relief.--A Federal 
                        district court shall expedite the consideration 
                        of an action described in clause (i) brought by 
                        the owner of an applicable facility with 2,500 
                        or fewer full-time employees.
            ``(3) Rescission.--On December 31, 2034, there is rescinded 
        the unobligated balance of amounts made available under 
        subsections (a) and (b) as of that date.''.
    (b) Description of Requirements and Calculations.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') shall make publicly available, including on 
        the website of the Environmental Protection Agency, an 
        Administrator's Order that includes the following information:
                    (A) Consistent with the Plain Writing Act of 2010 
                (5 U.S.C. 301 note; Public Law 111-274) and Executive 
                Orders 12866 (5 U.S.C. 601 note; relating to regulatory 
                planning and review), 12988 (28 U.S.C. 519 note; 
                relating to civil justice reform), and 13563 (5 U.S.C. 
                601 note; relating to improving regulation and 
                regulatory review), an easily understandable 
                explanation of--
                            (i) the methods used for calculating, for 
                        purposes of section 136 of the Clean Air Act 
                        (42 U.S.C. 7436)--
                                    (I) the carbon dioxide equivalent 
                                of greenhouse gases emitted;
                                    (II) methane intensity; and
                                    (III) other emissions factors; and
                            (ii) the key calculations necessary to 
                        understand the requirements of the program 
                        under that section, including the conversion 
                        from carbon dioxide emissions to methane 
                        emissions necessary for determining the amount 
                        of the charge imposed and collected under that 
                        section.
                    (B) The methods and mechanisms (including the 
                methods and mechanisms described in subparagraph 
                (A)(i), as applicable) used to calculate, for each 
                category described in paragraphs (1) through (9) of 
                subsection (d) of that section, the charge imposed and 
                collected pursuant to subsection (c) of that section.
                    (C) With respect to the development of any 
                information described in subparagraphs (A)(i) and (B)--
                            (i) a list of the names, including titles, 
                        occupations, and biographies, of all 
                        consultants (including international and 
                        domestic consultants) that assisted in that 
                        development;
                            (ii)(I) a list of the academic institutions 
                        (including any international and domestic 
                        academic institutions) that assisted in that 
                        development; and
                            (II) points of contact for each such 
                        academic institution;
                            (iii)(I) a list of the nongovernmental 
                        institutions (including any international and 
                        domestic nongovernmental institutions) that 
                        assisted in that development; and
                            (II) points of contact for each such 
                        nongovernmental institution; and
                            (iv) a list of any other organizations the 
                        resources or personnel of which were used in 
                        any way in that development.
                    (D) A description, including citations and 
                hyperlinks, of all studies used by the Administrator to 
                develop the information described in subparagraphs 
                (A)(i) and (B).
                    (E) A summary of all other information collected 
                and used by the Administrator to develop the 
                information described in subparagraphs (A)(i) and (B).
            (2) Requirements.--In carrying out paragraph (1), the 
        Administrator shall, in consultation with the owners and 
        operators of applicable facilities (as defined in section 
        136(d) of the Clean Air Act (42 U.S.C. 7436(d)) with fewer than 
        2,500 full-time employees, ensure that the documentation 
        required under that paragraph will allow operators subject to a 
        reporting requirement or charge under section 136 of the Clean 
        Air Act (42 U.S.C. 7436) to clearly understand the reporting 
        requirements and calculations required under that section.
    (c) Rulemaking Requirements.--Except as otherwise provided in this 
section or an amendment made by this section, any proposed regulation, 
rule, guidance, or other document required under this section or an 
amendment made by this section shall be subject to, as applicable--
            (1) except as provided for in paragraph (2), the notice and 
        comment provisions of section 553 of title 5, United States 
        Code; and
            (2) a public comment period of not less than 120 days.
                                 <all>
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