II 

118TH CONGRESS 

1ST SESSION S. 661 

To require an interagency study on the environmental and energy impacts 

of crypto-asset mining, to assess crypto-asset mining compliance with 

the Clean Air Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2023 

Mr. MARKEY (for himself, Mr. MERKLEY, and Mr. SANDERS) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To require an interagency study on the environmental and 

energy impacts of crypto-asset mining, to assess cryptoasset mining compliance with the Clean Air Act, 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 ‘‘Crypto-Asset Environ5 mental Transparency Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AIR POLLUTANT.—The term ‘‘air pollutant’’ 

5 has the meaning given the term in section 302 of the 

6 Clean Air Act (42 U.S.C. 7602). 

7 (3) BLOCK.—The term ‘‘block’’ means a group 

8 of data stored as a single record in a blockchain. 

9 (4) BLOCKCHAIN.—The term ‘‘blockchain’’ 

10 means a distributed ledger technology in which— 

11 (A) the data are shared across a network 

12 that creates a digital ledger of verified trans13 actions or information among network partici14 pants; and 

15 (B) the data are typically linked using 

16 cryptography to maintain the integrity of the 

17 ledger and execute other functions, including 

18 transfer of ownership or value. 

19 (5) CONSENSUS MECHANISM.—The term ‘‘con20 sensus mechanism’’ means a process to achieve 

21 agreement among network participants on the cur22 rent state of a blockchain. 

23 (6) CRYPTO-ASSET.—The term ‘‘crypto-asset’’ 

24 means a digital asset, which may be a medium of ex25 change, a representation of value, or both, for which 


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1 generation or ownership records of the digital asset 

2 are recorded in a distributed ledger technology that 

3 relies on cryptography. 

4 (7) CRYPTO-ASSET MINING.—The term ‘‘crypto5 asset mining’’ means the process of performing com6 putations to add a valid block of data to the 

7 blockchain, typically in exchange for a reward or fee. 

8 (8) POWER LOAD.—The term ‘‘power load’’ 

9 means the amount of electrical power, in megawatts, 

10 that can be consumed by a qualifying crypto-asset 

11 mining operation. 

12 (9) QUALIFYING CRYPTO-ASSET MINING OPER13 ATION.—The term ‘‘qualifying crypto-asset mining 

14 operation’’ means— 

15 (A) an individual crypto-asset mining facil16 ity that has a power load that is greater than 

17 or equal to 5 megawatts; or 

18 (B) multiple crypto-asset mining facilities 

19 that— 

20 (i) are owned by the same company; 

21 and 

22 (ii)(I) each have a power load that is 

23 less than 5 megawatts; but 


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1 (II) have a cumulative power load 

2 that is greater than or equal to 5 

3 megawatts. 

4 (10) SCOPE 1 EMISSIONS.—The term ‘‘scope 1 

5 emissions’’ means greenhouse gas emissions directly 

6 from sources that are operated, controlled, or owned 

7 by an individual or entity performing a qualifying 

8 crypto-asset mining operation. 

9 (11) SCOPE 2 EMISSIONS.—The term ‘‘scope 2 

10 emissions’’ means indirect greenhouse gas emissions 

11 associated with the purchase of electricity, steam, 

12 heat, or cooling by an individual or entity per13 forming a qualifying crypto-asset mining operation. 

14 (12) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Energy. 

16 SEC. 3. COMPLIANCE WITH THE CLEAN AIR ACT. 

17 (a) RULEMAKING REQUIRED.— 

18 (1) PROPOSED REGULATION.—Not later than 1 

19 year after the date of enactment of this Act, the Ad20 ministrator shall, pursuant to section 114(a) of the 

21 Clean Air Act (42 U.S.C. 7414(a)), issue a notice of 

22 proposed rulemaking to revise part 98 of title 40, 

23 Code of Federal Regulations (as in effect on the 

24 date of enactment of this Act)— 


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1 (A) to require qualifying crypto-asset min2 ing operations to report as covered facilities 

3 under subpart A of that part; 

4 (B) to add a new subpart to that part that 

5 includes qualifying crypto-asset mining oper6 ations as a source category; 

7 (C) to include in the new subpart created 

8 under subparagraph (B) appropriate calculation 

9 methodologies, reporting guidelines, and moni10 toring operations of, with respect to qualifying 

11 crypto-asset mining operations, scope 1 emis12 sions and scope 2 emissions; and 

13 (D) to designate the qualifying crypto14 asset mining operations source category estab15 lished pursuant to subparagraph (B) as a 

16 source category that is subject to greenhouse 

17 gas reporting requirements and related moni18 toring, recordkeeping, and reporting require19 ments under section 98.2 of that title, regard20 less of whether a qualifying crypto-asset mining 

21 operation emits at least 25,000 metric tons of 

22 carbon dioxide-equivalent. 

23 (2) FINAL RULE.—Not later than 180 days 

24 after the date on which the public comment period 

25 on the proposed rule under paragraph (1) closes, the 


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1 Administrator shall issue a final rule revising part 

2 98 of title 40, Code of Federal Regulations. 

3 (b) ASSESSMENT.—Not later than 1 year after the 

4 date on which the Administrator finalizes the rule required 

5 under subsection (a), the Administrator shall, pursuant to 

6 section 114(a) of the Clean Air Act (42 U.S.C. 7414(a)), 

7 issue requests for information for the purpose of con8 ducting an assessment of, with respect to qualifying 

9 crypto-asset mining operations, the permit programs 

10 under the Clean Air Act (42 U.S.C. 7401 et seq.), which 

11 shall include identifying the extent to which any qualifying 

12 crypto-asset mining operations are improperly operating 

13 without a valid and current permit under that Act. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Administrator to 

16 carry out this section $5,000,000 for fiscal year 2023, to 

17 remain available until expended. 

18 (d) SAVINGS PROVISION.—Nothing in this section 

19 limits the ability of the Administrator to require the re20 porting of emissions of any type in another source cat21 egory. 

22 SEC. 4. IMPACT STUDY. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this Act, the Administrator, in con25 sultation with the Secretary, the Administrator of the EnVerDate Sep 11 2014 21:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S661.IS S661

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1 ergy Information Administration, the Federal Energy 

2 Regulatory Commission, and the head of any other Fed3 eral agency the Administrator or the Secretary determines 

4 appropriate, shall conduct a study on the environmental 

5 impacts of crypto-asset mining in the United States. 

6 (b) STUDY REQUIREMENTS.—The study required 

7 under subsection (a) shall include— 

8 (1) the number and location of any existing or 

9 planned qualifying crypto-asset mining operation; 

10 (2) the amount of greenhouse gas emissions 

11 and other air pollutants that are— 

12 (A) released by an onsite energy source; 

13 and 

14 (B) attributable to offsite-generated elec15 tricity, steam, heat, or cooling provided to a 

16 qualifying crypto-asset mining operation; 

17 (3) the anticipated increase of new, and expan18 sion of existing, qualifying crypto-asset mining oper19 ations; 

20 (4) the potential impacts of electric energy con21 sumption by qualifying crypto-asset mining oper22 ations, including by prolonging the use of fossil fuel 

23 generators, on the ability of the United States to 

24 achieve the greenhouse gas emission reductions necVerDate Sep 11 2014 21:49 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S661.IS S661

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1 essary to keep global warming below 1.5 degrees 

2 Celsius compared to pre-industrial levels; 

3 (5) the ecological impacts, including ecological 

4 impacts associated with electronic waste generation 

5 and the use or discharge of cooling water, caused by 

6 qualifying crypto-asset mining operations; 

7 (6) the potential public health impacts due to 

8 the reduced air and water quality and increased 

9 water stress on communities near qualifying crypto10 asset mining operations; 

11 (7) the potential public health impacts from 

12 greenhouse gas emissions released by qualifying 

13 crypto-asset mining operations; 

14 (8) the potential public health and ecological 

15 impacts from noise generated by qualifying crypto16 asset mining operations; 

17 (9) the amount of electric energy consumed by 

18 each qualifying crypto-asset mining operation, in19 cluding the time of use of electricity and the poten20 tial grid stress posed by the power load of the quali21 fying crypto-asset mining operation; 

22 (10) the source of electric energy consumed by 

23 each qualifying crypto-asset mining operation; 


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1 (11) the aggregated energy-use statistics and 

2 greenhouse gas emissions statistics for qualifying 

3 crypto-asset mining operations in the United States; 

4 (12) an analysis of energy use and greenhouse 

5 gas emissions by type of consensus mechanism; 

6 (13) an analysis of demand-response programs 

7 negotiated between qualifying crypto-asset mining 

8 operations and electric utilities; 

9 (14) an analysis of potential rate-design meas10 ures that could be implemented by State and local 

11 regulators to reduce the energy consumption and de12 pendence on fossil fuel energy sources of crypto13 asset mining operations; 

14 (15) a geospatial assessment of the extent to 

15 which crypto-asset mining operations are located 

16 within environmental justice communities, as defined 

17 by the Administrator or within the Climate and Eco18 nomic Justice Screening Tool of the Council on En19 vironmental Quality; and 

20 (16) an identification of, and recommendations 

21 for, best practices for data types, data sources, and 

22 methodologies for accurately measuring, modeling, 

23 and tracking the environmental impacts of crypto24 asset mining operations in the United States in the 

25 future. 


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1 (c) PUBLIC COMMENT.—Before conducting the study 

2 required by subsection (a), the Administrator shall provide 

3 an opportunity for public comment and advice relevant to 

4 conducting the study. 

5 (d) REPORT TO CONGRESS.—Not later than 18 

6 months after the date of enactment of this Act, the Ad7 ministrator shall submit to the Committees on Energy and 

8 Commerce and Science, Space, and Technology of the 

9 House of Representatives and the Committees on Environ10 ment and Public Works and Energy and Natural Re11 sources of the Senate, and publish on the public websites 

12 of the Environmental Protection Agency and the Depart13 ment of Energy, a report that contains the results of the 

14 study required by subsection (a). 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Administrator to 

17 carry out this section $5,000,000 for fiscal year 2023, to 

18 remain available until expended. 

19 SEC. 5. ENERGY EFFICIENCY OF DATA CENTER BUILDINGS. 

20 Section 453(a)(1) of the Energy Independence and 

21 Security Act of 2007 (42 U.S.C. 17112(a)(1)) is amend22 ed— 

23 (1) in subparagraph (A), by striking ‘‘or’’ at 

24 the end after the semicolon; 


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1 (2) in subparagraph (B), by striking the period 

2 at the end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) a facility in which 2 or more com5 puters perform logical operations to mine or 

6 create crypto-asset (as defined in section 2 of 

7 the Crypto-Asset Environmental Transparency 

8 Act of 2023).’’. 

Æ 


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