II 

114TH CONGRESS 

1ST SESSION S. 2076 

To establish a task force to review policies and measures to promote, and 

to develop best practices for, reduction of short-lived climate pollutants, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2015 

Mr. MURPHY (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish a task force to review policies and measures 

to promote, and to develop best practices for, reduction 

of short-lived climate pollutants, 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 ‘‘Super Pollutants Act 

5 of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) short-lived climate pollutants account for 40 

9 percent of global warming impacting the atmosVerDate Sep 11 2014 04:41 Sep 26, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2076.IS S2076

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1 phere, even though those pollutants account for a 

2 much smaller percentage of warming agents, by 

3 weight; 

4 (2) reducing short-lived climate pollutant emis5 sions could— 

6 (A) prevent more than 2,000,000 pre7 mature deaths each year, according to the 

8 United Nations Environment Programme 

9 (UNEP); 

10 (B) prevent more than 30,000,000 tons of 

11 crop losses each year, according to UNEP; 

12 (C) cut the rate of sea-level rise by 25 per13 cent, according to the National Center for At14 mospheric Research and the Scripps Institution 

15 of Oceanography; 

16 (D) cut the rate of warming by up to 0.6 

17 degrees Celsius by 2050, according to UNEP; 

18 and 

19 (E) significantly contribute toward the 

20 overall global target of holding increased warm21 ing below 2 degrees Celsius; 

22 (3) the United States is— 

23 (A) 1 of the largest consumers of 

24 hydrofluorocarbons in the world; and 


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1 (B) providing significant innovation in the 

2 development of low global warming potential 

3 (low-GWP) alternatives; 

4 (4) the United States could serve as a leader 

5 and exemplar of responsibly phasing down 

6 hydrofluorocarbon production and consumption; 

7 (5)(A) the Montreal Protocol on Substances 

8 that Deplete the Ozone Layer has been an extraor9 dinarily successful model for protecting the strato10 spheric ozone layer and achieving significant climate 

11 protection cobenefits; and 

12 (B) since that treaty was signed in 1987, there 

13 has been a 98-percent reduction in ozone-depleting 

14 substances; and 

15 (6) the interagency Strategy to Reduce Meth16 ane Emissions, released in March 2014, outlines a 

17 proactive agenda for reducing methane leakage and 

18 waste throughout the United States economy. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) SHORT-LIVED CLIMATE POLLUTANT.—The 

22 term ‘‘short-lived climate pollutant’’ means— 

23 (A) black carbon; 

24 (B) methane; and 


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1 (C) high global warming potential 

2 hydrofluorocarbons (referred to in this Act as 

3 ‘‘high-GWP HFC’’). 

4 (2) TASK FORCE.—The term ‘‘Task Force’’ 

5 means the Interagency Task Force on Short-Lived 

6 Climate Pollutant Mitigation established under sec7 tion 4(a). 

8 SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLI9 MATE POLLUTANT MITIGATION. 

10 (a) ESTABLISHMENT.—Not later than 90 days after 

11 the date of enactment of this Act, the President shall es12 tablish a task force, to be known as the ‘‘Interagency Task 

13 Force on Short-Lived Climate Pollutant Mitigation’’. 

14 (b) MEMBERSHIP.—The members of the Task Force 

15 shall include the head of each relevant Federal department 

16 or agency (or a designee), including the Department of 

17 Agriculture, the Department of Commerce, the Depart18 ment of Defense, the Department of Energy, the Depart19 ment of the Interior, the Department of State, the Depart20 ment of Transportation, the Environmental Protection 

21 Agency, the National Oceanic and Atmospheric Adminis22 tration, and the United States Agency for International 

23 Development. 

24 (c) DUTIES.—The Task Force shall— 


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1 (1) not later than 180 days after the date of 

2 enactment of this Act, submit to the appropriate 

3 congressional committees a report that includes— 

4 (A) the plans of the relevant departments 

5 or agencies for meeting the goals established in 

6 section 2 of Executive Order 13514 (October 5, 

7 2009) (74 Fed. Reg. 52117) to reduce 

8 hydrofluorocarbons, methane, and related indi9 rect emissions (including tropospheric ozone) by 

10 the Federal Government; and 

11 (B) specific plans of the relevant depart12 ments or agencies— 

13 (i) to purchase cleaner alternatives to 

14 high-GWP HFC whenever feasible; and 

15 (ii) to transition over time to equip16 ment that uses safer and more sustainable 

17 alternatives to high-GWP HFC; 

18 (2) review the policy recommendations made 

19 by— 

20 (A) the Interagency Climate Change Adap21 tation Task Force; 

22 (B) the Interagency Strategy to Reduce 

23 Methane Emissions; 

24 (C) the report to Congress regarding black 

25 carbon dated March 2012; and 


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1 (D) the Council on Climate Preparedness 

2 and Resilience; 

3 (3) incorporate into the action plan of the Task 

4 Force any appropriate proposals or recommenda5 tions made by the entities or reports referred to in 

6 paragraph (2) that are relevant to short-lived cli7 mate pollutants; 

8 (4) identify relevant Federal programs that are 

9 or could be addressing the reduction of short-lived 

10 climate pollutants in the United States and world11 wide; 

12 (5) identify overlapping and duplicative pro13 grams addressing short-lived climate pollutants that 

14 would benefit from consolidation and streamlining; 

15 (6) identify gaps and serious deficiencies in 

16 United States programs targeted at short-lived cli17 mate pollutants, including those that can be 

18 achieved through a combination of assessment, sci19 entific research, monitoring, and technological devel20 opment activities, with an emphasis on industry 

21 standards and public-private partnerships; 

22 (7) in developing recommendations, consult 

23 with affected stakeholders in private industry; and 

24 (8) not later than 18 months after the date of 

25 enactment of this Act, submit to the appropriate 


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1 congressional committees a report describing the 

2 findings and recommendations resulting from the ac3 tivities described in paragraphs (2) through (7). 

4 SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. 

5 (a) COMPREHENSIVE PLAN.— 

6 (1) IN GENERAL.—Through the membership of 

7 the United States in the International Maritime Or8 ganization, the Secretary of State, in consultation 

9 with the Secretary of Transportation, the Secretary 

10 of Commerce, the Administrator of the Environ11 mental Protection Agency, and the Commandant of 

12 the Coast Guard, shall develop a comprehensive plan 

13 to reduce black carbon emissions, based on appro14 priate emission data from oceangoing vessels pro15 vided on a voluntary basis, from international ship16 ping through— 

17 (A) a clean freight partnership; 

18 (B) the inclusion of limits on black carbon; 

19 and 

20 (C) efforts that include protection of access 

21 to critical fuel shipments and emergency needs 

22 of coastal communities. 

23 (2) ROADMAP.—A principal objective of the 

24 plan developed pursuant to paragraph (1) shall be 

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1 ment of Transportation, of a roadmap toward help2 ing countries reduce fine-particle emissions (PM2.5) 

3 in the shipping sector through— 

4 (A) the installation of advanced emissions 

5 controls; and 

6 (B) the reduction of sulfur content in 

7 fuels. 

8 (b) BLACK CARBON EMISSIONS REDUCTION

9 GOALS.—Acting as chairperson of the Arctic Council, the 

10 Secretary of State shall— 

11 (1) lead an effort to reduce black carbon 

12 through an Arctic-wide aspirational black carbon 

13 goal; and 

14 (2) encourage observers of the Arctic Council 

15 (including India and China) to adopt national black 

16 carbon emissions reduction goals and mitigation 

17 plans. 

18 (c) CLIMATE AND CLEAN AIR COALITION.—Through 

19 the membership of the United States in the Climate and 

20 Clean Air Coalition to Reduce Short-Lived Climate Pollut21 ants, the Secretary of State is encouraged— 

22 (1) to work with the Coalition to craft specific 

23 financing mechanisms for the incremental cost of 

24 international black carbon mitigation activities; and 


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1 (2) to request that the Coalition produce a re2 port describing black carbon mitigation financing op3 tions. 

4 (d) BLACK CARBON MITIGATION ACTIVITIES.— 

5 (1) PRIORITIZATION.—The Administrator of 

6 the United States Agency for International Develop7 ment, in cooperation with the Administrator of the 

8 Environmental Protection Agency, shall— 

9 (A) prioritize black carbon mitigation ac10 tivities as part of official development assist11 ance and programmatic activities; 

12 (B) give special emphasis to projects that 

13 produce substantial environmental, gender, live14 lihood, and public health benefits, including 

15 support for clean-burning cookstoves and fuels; 

16 and 

17 (C) work with the Global Alliance for 

18 Clean Cookstoves to help developing nations es19 tablish thriving markets for clean and efficient 

20 cooking solutions. 

21 (2) EMISSIONS REDUCTIONS.—The Secretary of 

22 State, in collaboration with the Administrator of the 

23 Environmental Protection Agency and the Secretary 

24 of Transportation, shall provide additional aid to 

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1 sions from diesel trucks, 2-stroke engines, diesel 

2 generators, and industrial processes by providing 

3 technical assistance— 

4 (A) to help developing nations lower the 

5 sulfur content of diesel fuels; 

6 (B) to expand access to diesel particulate 

7 filters; 

8 (C) to provide vehicle manufacturers with 

9 low-emission engine designs; and 

10 (D) to develop other mitigation activities, 

11 including energy efficiency alternatives for gen12 erators and industrial processes. 

13 SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED 

14 GASES. 

15 (a) SENSE OF CONGRESS.— 

16 (1) ACTIONS BY ENVIRONMENTAL PROTECTION

17 AGENCY.—It is the sense of Congress that the Ad18 ministrator of the Environmental Protection Agency 

19 should— 

20 (A) amend any regulations issued under 

21 section 608 of the Clean Air Act (42 U.S.C. 

22 7671g)— 

23 (i) to include hydrofluorocarbons; and 


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1 (ii) to expand initiatives relating to 

2 the recovery and reclamation of 

3 hydrofluorocarbons; 

4 (B) cooperate with the Secretary of Energy 

5 in considering modifications to the Energy Star 

6 program established under section 324A of the 

7 Energy Policy and Conservation Act (42 U.S.C. 

8 6294a) to include refrigerant systems that— 

9 (i) achieve best-in-class energy effi10 ciency savings; and 

11 (ii) use low global warming potential 

12 refrigerants and foam-blowing agents; and 

13 (C) remove high-GWP HFC from the Sig14 nificant New Alternatives Policy Program au15 thorized under section 612(c) of the Clean Air 

16 Act (42 U.S.C. 7671k(c)) for applications in 

17 which the Administrator has identified other al18 ternatives that— 

19 (i) are currently or potentially avail20 able; 

21 (ii) reduce the overall risk to human 

22 health and the environment; and 

23 (iii) take into consideration cost-effec24 tiveness. 


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1 (2) SENSE OF SENATE.—It is the sense of the 

2 Senate that United States leadership and full sup3 port of an amendment to the Montreal Protocol on 

4 Substances that Deplete the Ozone Layer, done at 

5 Montreal September 16, 1987, should ensure a 

6 smooth, technically feasible global transition away 

7 from high-GWP HFC. 

8 (b) STUDY ON HIGH-GWP HFC ALTERNATIVES.— 

9 Not later than 2 years after the date of enactment of this 

10 Act, the Secretary of Energy and the Administrator of the 

11 Environmental Protection Agency, in collaboration with 

12 the National Institute of Standards and Technology, 

13 shall— 

14 (1) evaluate the availability of high-GWP HFC 

15 alternatives; and 

16 (2) submit to Congress a report that— 

17 (A) identifies— 

18 (i) the standards or regulatory bar19 riers that are preventing the use of alter20 natives to high-GWP HFC in the United 

21 States that are in widespread use in other 

22 countries; 

23 (ii) any standards or regulations re24 quiring revision; and 


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1 (iii) any actions necessary to revise 

2 those standards or regulations; and 

3 (B) establishes a plan for revising the 

4 standards referred to in paragraph (1) in the 

5 shortest practicable timeframe. 

6 (c) PROHIBITION OF HCFC–22 AIR CONDITIONING

7 CONDENSING EQUIPMENT.— 

8 (1) IN GENERAL.—Section 605 of the Clean Air 

9 Act (42 U.S.C. 7671d) is amended by adding at the 

10 end the following: 

11 ‘‘(e) HCFC–22 AIR CONDITIONING CONDENSING

12 EQUIPMENT.—Effective 1 year after the date of enact13 ment of the Super Pollutants Act of 2015, it shall be un14 lawful for any person to manufacture any uncharged 

15 hydrochlorofluorocarbon–22 air conditioning condensing 

16 equipment for residential use.’’. 

17 (2) RULEMAKING.—Not later than 180 days 

18 after the date of enactment of this Act, the Adminis19 trator of the Environmental Protection Agency shall 

20 promulgate regulations— 

21 (A) to carry out the amendment made by 

22 paragraph (1); and 

23 (B) to reduce the allocation of HCFC–22 

24 consumption allowances commensurate with an25 ticipated decreased demand resulting from the 


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1 prohibition of uncharged condensing equipment 

2 under subsection (e) of section 605 of the Clean 

3 Air Act (42 U.S.C. 7671d) (as added by para4 graph (1)). 

5 (d) R–134A AUTOMOTIVE AIR CONDITIONING RE6 CHARGE KITS.— 

7 (1) STUDY.—The Administrator of the Envi8 ronmental Protection Agency shall conduct a study 

9 to determine the most effective method to minimize 

10 the inadvertent release of HFC–134a from auto11 motive air conditioning recharge kits at any time 

12 during which the recharge container is not being 

13 used. 

14 (2) REPORT.—Not later than 1 year after the 

15 date of enactment of this Act, the Administrator 

16 shall submit to Congress a report that contains the 

17 results of the study conducted pursuant to para18 graph (1). 

19 SEC. 7. REDUCTION OF METHANE EMISSIONS. 

20 (a) TECHNICAL GUIDANCE.—The Secretary of State, 

21 the Secretary of Energy, the Administrator of the Envi22 ronmental Protection Agency, and the Secretary of Com23 merce shall— 

24 (1) provide to other countries technical guid25 ance regarding containment of emissions from gas 


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1 drilling, landfills, coal mining, and agriculture in en2 gaging with other governments, including trade dele3 gations, under the auspices of international initia4 tives, such as the Global Shale Gas Initiative of the 

5 Department of State and the Global Methane Initia6 tive; and 

7 (2) collaborate with— 

8 (A) the Global Gas Flaring Reduction 

9 Partnership of the World Bank; and 

10 (B) the Global Methane Initiative, Natural 

11 Gas STAR Program, the Climate and Clean Air 

12 Coalition Oil and Gas Methane Partnership, 

13 and other voluntary reduction programs of the 

14 Environmental Protection Agency. 

15 (b) GAO REPORT.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States shall conduct a study that identi18 fies— 

19 (A) the types of equipment throughout the 

20 production value chain that are most likely to 

21 have high leak rates; and 

22 (B) voluntary efforts on replacing or moni23 toring those types of equipment. 

24 (2) REPORT.—Not later than 1 year after the 

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1 eral of the United States shall submit to Congress 

2 a report that contains the results of the examination 

3 conducted pursuant to paragraph (1). 

4 (c) SENSE OF CONGRESS REGARDING FINANCING

5 CONDITIONS.—It is the sense of Congress that, in evalu6 ating gas and oil-related projects for financial support, the 

7 heads of the United States Export-Import Bank and the 

8 Overseas Private Investment Corporation should condition 

9 financing for those projects on— 

10 (1) the deployment of the best technology, 

11 methods, and management practices for detecting 

12 and repairing leaks of methane throughout the oil 

13 and gas production, processing, transportation, and 

14 distribution system; 

15 (2) the minimization of venting and inefficient 

16 or unnecessary flaring; and 

17 (3) the deployment of best technology, methods, 

18 and management practices for reducing emissions of 

19 other air pollution, especially— 

20 (A) volatile organic compounds; and 

21 (B) hazardous air pollutants. 

Æ 


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