I 

116TH CONGRESS 

2D SESSION H. R. 8582 

To amend the Clean Air Act to establish a tradeable performance standard 

covering emissions from the electricity generation and industrial sectors, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2020 

Mr. CASTEN of Illinois (for himself and Mr. MOULTON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to establish a tradeable performance standard covering emissions from the electricity 

generation and industrial sectors, 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 ‘‘Tradeable Perform5 ance Standard Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Combating the climate crisis. 


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‘‘TITLE VII—GREENHOUSE GAS POLLUTION REDUCTION 

PROGRAM 

‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION TARGETS

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. Reduction targets for covered entities. 

‘‘PART B—DESIGNATION OF GREENHOUSE GASES AND THERMAL ENERGY

REPORTING PROGRAM

‘‘Sec. 711. Greenhouse gases. 

‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases. 

‘‘Sec. 713. Thermal energy reporting program. 

‘‘Sec. 714. EIA and EPA reporting. 

‘‘PART C—PROGRAM RULES

‘‘Sec. 721. Requirements. 

‘‘Sec. 722. Distribution of emission allowances. 

‘‘Sec. 723. Trading. 

‘‘Sec. 724. Voluntary program participation. 

‘‘Sec. 725. Penalty for noncompliance. 

‘‘Sec. 726. Emission allowance tracking system. 

‘‘Sec. 727. Other program rules. 

‘‘Sec. 728. Oversight. 

‘‘Sec. 729. Regulations. 

‘‘Sec. 730. Savings provisions. 

1 SEC. 3. COMBATING THE CLIMATE CRISIS. 

2 The Clean Air Act (42 U.S.C. et seq.) is amended 

3 by adding after title VI the following new title: 

4 ‘‘TITLE VII—GREENHOUSE GAS 

5 POLLUTION REDUCTION PRO6 GRAM 

7 ‘‘PART A—GLOBAL WARMING POLLUTION 

8 REDUCTION TARGETS 

9 ‘‘SEC. 701. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) AVERAGE CARBON INTENSITY FOR QUALI12 FIED ELECTRIC FACILITIES.—The term ‘average 

13 carbon intensity for qualified electric facilities’ 


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1 means the number that equals the total amount of 

2 greenhouse gas emissions in metric tons of carbon 

3 dioxide equivalent emitted from qualified electric fa4 cilities in a calendar year as reported under section 

5 714 divided by the total quantity of megawatt hours 

6 of electricity produced by qualified electric facilities 

7 in such calendar year as reported under section 714. 

8 ‘‘(2) AVERAGE CARBON INTENSITY FOR QUALI9 FIED THERMAL FACILITIES.—The term ‘average car10 bon intensity for qualified thermal facilities’ means 

11 the number that equals the total amount of green12 house gas emissions in metric tons of carbon dioxide 

13 equivalent emitted from qualified thermal facilities 

14 in a calendar year as reported under section 713 di15 vided by the total quantity of useful thermal energy 

16 output from qualified thermal facilities in such cal17 endar year as reported under section 713. 

18 ‘‘(3) BOTTOMING CYCLE COGENERATION GEN19 ERATOR.—The term ‘bottoming cycle cogeneration 

20 generator’ means any generator that produces elec21 tricity from otherwise-wasted heat, pressure, or both, 

22 using any of the following technologies: 

23 ‘‘(A) An organic ranking cycle. 

24 ‘‘(B) A waste-heat recovery steam gener25 ator. 


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1 ‘‘(C) A back pressure steam turbine. 

2 ‘‘(D) A Stirling engine. 

3 ‘‘(4) CARBON DIOXIDE EQUIVALENT.—The 

4 term ‘carbon dioxide equivalent’ means the unit of 

5 measure, expressed in metric tons, of greenhouse 

6 gases, as provided under section 712. 

7 ‘‘(5) COVERED ENTITY.—The term ‘covered en8 tity’ means each of the following: 

9 ‘‘(A) A qualified cogeneration facility. 

10 ‘‘(B) A qualified electric facility. 

11 ‘‘(C) A qualified thermal facility. 

12 ‘‘(6) DESIGNATED REPRESENTATIVE.—The 

13 term ‘designated representative’ means, with respect 

14 to a covered entity, a thermal reporting entity, or 

15 any other entity receiving or holding emission allow16 ances under this title, an individual authorized, 

17 through a certificate of representation submitted to 

18 the Administrator by the owners and operators, to 

19 represent the owners and operators in all matters 

20 pertaining to this title (including the holding, trans21 fer, or disposition of emission allowances), and to 

22 make all submissions to the Administrator under 

23 this title. 

24 ‘‘(7) EMISSION ALLOWANCE.—The term ‘emis25 sion allowance’ means a limited authorization to 


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1 emit, in an amount of, 1 metric ton of carbon diox2 ide equivalent of a greenhouse gas in accordance 

3 with this title. 

4 ‘‘(8) FUEL-BASED CAPACITY.—The term ‘fuel5 based capacity’ means— 

6 ‘‘(A) for generators that produce useful 

7 thermal energy output with the combustion of 

8 fuel, the peak fuel combustion rate; and 

9 ‘‘(B) for generators that produce useful 

10 thermal energy output without the combustion 

11 of fuel, the peak useful thermal energy output 

12 rate divided by 0.7. 

13 ‘‘(9) GREENHOUSE GAS.—The term ‘greenhouse 

14 gas’ means any gas listed in section 711. 

15 ‘‘(10) GREENHOUSE GAS EMISSION.—The term 

16 ‘greenhouse gas emission’ means the release of a 

17 greenhouse gas into the ambient air. 

18 ‘‘(11) HOLD.—The term ‘hold’ means, with re19 spect to an emission allowance, to have in the appro20 priate account created pursuant to the process under 

21 section 726(2). 

22 ‘‘(12) QUALIFIED COGENERATION FACILITY.— 

23 The term ‘qualified cogeneration facility’ means any 

24 generator that simultaneously produces useful ther25 mal energy output and electricity and— 


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1 ‘‘(A) has a rated capacity of 2 megawatts 

2 or greater; or 

3 ‘‘(B) is classified as a qualified cogenera4 tion facility pursuant to section 724(c). 

5 ‘‘(13) QUALIFIED ELECTRIC FACILITY.—The 

6 term ‘qualified electric facility’ means any generator 

7 that produces electricity, including a bottoming cycle 

8 cogeneration generator— 

9 ‘‘(A) with a rated capacity of 2 megawatts 

10 or greater; or 

11 ‘‘(B) with a rated capacity of less than 2 

12 megawatts that is classified as a qualified elec13 tric facility pursuant to section 724(a). 

14 ‘‘(14) QUALIFIED THERMAL FACILITY.—The 

15 term ‘qualified thermal facility’ means any generator 

16 that produces thermal energy— 

17 ‘‘(A) with a rated fuel-based capacity of at 

18 least 50,000,000 British thermal units on a 

19 higher heating value basis per hour or greater, 

20 excluding any generator producing useful ther21 mal energy output that the Administrator de22 termines is used to wholly or partially provide 

23 carbon as a chemical ingredient for a process to 

24 manufacture goods; or 


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1 ‘‘(B) with a rated fuel-based capacity of 

2 less than 50,000,000 British thermal units on 

3 a higher heating value basis per hour that is 

4 classified as a qualified thermal facility pursu5 ant to section 724(b). 

6 ‘‘(15) THERMAL REPORTING ENTITY.—The 

7 term ‘thermal reporting entity’ means— 

8 ‘‘(A) a qualified thermal facility; 

9 ‘‘(B) a qualified cogeneration facility; 

10 ‘‘(C) any generator that produces useful 

11 thermal energy output with a rated fuel-based 

12 capacity of at least 30,000,000 British thermal 

13 units on a higher heating value basis per hour, 

14 but less than 50,000,000 British thermal units 

15 on a higher heating value basis per hour; or 

16 ‘‘(D) any other entity that produces or de17 livers useful thermal energy output the produc18 tion or delivery of which results or may result 

19 in greenhouse gas emissions if the Adminis20 trator determines that reporting under section 

21 713 by such entity will help achieve the targets 

22 specified in section 702. 

23 ‘‘(16) USEFUL THERMAL ENERGY OUTPUT.— 

24 The term ‘useful thermal energy output’ means ther25 mal energy as measured in million British thermal 


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1 units on a higher heating value basis produced by a 

2 generator that produces thermal energy net of the 

3 energy in inlet combustion air, feedwater, or any 

4 other fluids not used as fuels of combustion. 

5 ‘‘SEC. 702. REDUCTION TARGETS FOR COVERED ENTITIES. 

6 ‘‘(a) IN GENERAL.—The regulations issued under 

7 section 729 shall establish enforceable targets for the 

8 greenhouse gas emissions of covered entities, such that— 

9 ‘‘(1) in 2030, the aggregate quantity of green10 house gas emissions from covered entities does not 

11 exceed 60 percent of the aggregate quantity of 

12 greenhouse gas emissions from covered entities in 

13 2019; and 

14 ‘‘(2) in 2040, the aggregate quantity of green15 house gas emissions from covered entities does not 

16 exceed zero. 

17 ‘‘(b) DEFINITION.—For purposes of this section, the 

18 term ‘greenhouse gas emissions from covered entities in 

19 2019’ means greenhouse gas emissions to which section 

20 721 would have applied if the requirements of this title 

21 for the specified year had been in effect for 2019. 


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1 ‘‘PART B—DESIGNATION OF GREENHOUSE GASES 

2 AND THERMAL ENERGY REPORTING PROGRAM 

3 ‘‘SEC. 711. GREENHOUSE GASES. 

4 ‘‘For purposes of this title, the following are green5 house gases: 

6 ‘‘(1) Carbon dioxide. 

7 ‘‘(2) Methane. 

8 ‘‘(3) Nitrous oxide. 

9 ‘‘(4) Sulfur hexafluoride. 

10 ‘‘(5) Any perfluorocarbon. 

11 ‘‘(6) Nitrogen trifluoride. 

12 ‘‘SEC. 712. CARBON DIOXIDE EQUIVALENT VALUE OF 

13 GREENHOUSE GASES. 

14 ‘‘(a) IN GENERAL.—Any provision of this title that 

15 refers to a quantity or percentage of a quantity of a green16 house gas shall be treated as a reference to the quantity 

17 or percentage of the greenhouse gas expressed in carbon 

18 dioxide equivalents. 

19 ‘‘(b) VALUES.—Except as provided by the Adminis20 trator under subsection (c), for the purposes of this title, 

21 the carbon dioxide equivalent value of a greenhouse gas 

22 shall be equal to the 100-year global warming potential 

23 for such greenhouse gas that is provided in the Fifth As24 sessment Report of the Intergovernmental Panel on Cli25 mate Change. 


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1 ‘‘(c) USE OF 20-YEAR GLOBAL WARMING POTEN2 TIAL.—If the Administrator determines that it is more ap3 propriate for a greenhouse gas, the Administrator may 

4 publish a determination in the Federal Register that such 

5 greenhouse gas has a carbon dioxide equivalent value 

6 equal to the 20-year global warming potential for such 

7 greenhouse gas that is provided in the Fifth Assessment 

8 Report of the Intergovernmental Panel on Climate 

9 Change. 

10 ‘‘SEC. 713. THERMAL ENERGY REPORTING PROGRAM. 

11 ‘‘(a) REGULATIONS.—Not later than 18 months after 

12 the date of enactment of this title, the Administrator shall 

13 issue regulations establishing a program, to be known as 

14 the Federal thermal energy reporting program. Such regu15 lations shall— 

16 ‘‘(1) require each thermal reporting entity to 

17 submit to the Administrator data on— 

18 ‘‘(A) the type, quality, and quantity of fuel 

19 used for onsite useful thermal energy output 

20 production by such thermal reporting entity; 

21 ‘‘(B) the quantity of useful thermal energy 

22 output produced by such thermal reporting en23 tity as calculated pursuant to subsection (e); 

24 and 


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1 ‘‘(C) the quantity of greenhouse gas emis2 sions associated with such useful thermal en3 ergy output production; 

4 ‘‘(2) require thermal reporting entities to sub5 mit to the Administrator data sufficient to ensure 

6 compliance with or implementation of the require7 ments of this title; 

8 ‘‘(3) ensure the completeness, consistency, 

9 transparency, accuracy, precision, and reliability of 

10 data gathered under the Federal thermal energy re11 porting program; 

12 ‘‘(4) include methods for avoiding double re13 porting to the maximum extent possible; 

14 ‘‘(5) require that thermal reporting entities pro15 vide the data required in this section in reports sub16 mitted electronically to the Administrator, in such 

17 form and containing such information as may be re18 quired by the Administrator; 

19 ‘‘(6) include requirements for keeping records 

20 supporting or related to, and protocols for auditing, 

21 data submitted under the Federal thermal energy re22 porting program; 

23 ‘‘(7) establish consistent policies for calculating 

24 carbon content and greenhouse gas emissions for 


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1 any type of fuel for which data is submitted under 

2 the Federal thermal energy reporting program; 

3 ‘‘(8) provide for immediate dissemination, to 

4 States and Indian Tribes, of all data reported under 

5 the Federal thermal energy reporting program as 

6 soon as practicable after electronic audit by the Ad7 ministrator and any resulting correction of data, ex8 cept that data shall not be disseminated under this 

9 paragraph if— 

10 ‘‘(A) nondissemination of the data is vital 

11 to the national security of the United States, as 

12 determined by the President; or 

13 ‘‘(B) the data is confidential business in14 formation that cannot be derived from informa15 tion that is otherwise publicly available and that 

16 would cause significant calculable competitive 

17 harm if published, except that data that is con18 fidential business information shall be provided 

19 to a State or Indian Tribe within whose juris20 diction the thermal reporting entity is located if 

21 the Administrator determines that such State 

22 or Indian Tribe has in effect protections for 

23 confidential business information that are at 

24 least as protective as protections applicable to 

25 the Federal Government; 


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1 ‘‘(9) provide that the Administrator publish an 

2 aggregate summary of all data reported under the 

3 Federal thermal energy reporting program publicly 

4 on the internet as soon as practicable after elec5 tronic audit by the Administrator and any resulting 

6 correction of data, including publication of— 

7 ‘‘(A) any confidential business data under 

8 paragraph (8)(B); and 

9 ‘‘(B) at the discretion of the President, 

10 data the nondissemination of which was deter11 mined to be vital to the national security of the 

12 United States under paragraph (8)(A); 

13 ‘‘(10) prescribe methods by which the Adminis14 trator shall, in cases in which satisfactory data are 

15 not submitted by a thermal reporting entity under 

16 the Federal thermal energy reporting program to the 

17 Administrator for any period of time, estimate the 

18 data for such thermal reporting entity required 

19 under paragraph (1) with— 

20 ‘‘(A) in the case of a thermal reporting en21 tity that is a qualified thermal facility or a 

22 qualified cogeneration facility, an estimate of 

23 the highest greenhouse gas emission levels that 

24 may have occurred during the period for which 

25 data are missing; or 


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1 ‘‘(B) in the case of any other thermal re2 porting entity, a reasonable estimate of the 

3 greenhouse gas emission levels that may have 

4 occurred during the period for which data are 

5 missing; 

6 ‘‘(11) require the designation of a designated 

7 representative for each thermal reporting entity; 

8 ‘‘(12) require an appropriate certification, by 

9 the designated representative for the thermal report10 ing entity, of accurate and complete accounting of 

11 the data required under paragraph (1), as deter12 mined by the Administrator; and 

13 ‘‘(13) include requirements for the submission 

14 of other data necessary for accurate and complete 

15 accounting of the quantity of useful thermal energy 

16 output, and the quantity of greenhouse gas emis17 sions associated with such useful thermal energy 

18 output production, as determined by the Adminis19 trator, including data for quality assurance of moni20 toring systems and other measurement devices. 

21 ‘‘(b) TIMING.— 

22 ‘‘(1) CALENDAR YEARS 2019 THROUGH 2022.— 

23 ‘‘(A) IN GENERAL.—Not later than March 

24 21, 2023, each thermal reporting entity shall 

25 submit to the Administrator data required 


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1 under the Federal thermal energy reporting 

2 program with respect to each of calendar years 

3 2019 through 2022. 

4 ‘‘(B) WAIVER OR MODIFICATION.—The 

5 Administrator may waive or modify reporting 

6 requirements for calendar years 2019 through 

7 2022 for thermal reporting entities to the ex8 tent that the Administrator determines that the 

9 thermal reporting entities did not keep data or 

10 records necessary to meet such reporting re11 quirements. The Administrator may, in addition 

12 to or in lieu of such reporting requirements, col13 lect additional information on energy consump14 tion and production. 

15 ‘‘(2) SUBSEQUENT CALENDAR YEARS.—With 

16 respect to calendar year 2023 and each subsequent 

17 calendar year, each thermal reporting entity shall 

18 submit quarterly data required under the Federal 

19 thermal energy reporting program to the Adminis20 trator not later than 60 days after the end of the 

21 applicable quarter, except when the data is already 

22 being reported to the Administrator on an earlier 

23 timeframe for another program. 

24 ‘‘(c) WAIVER OF REPORTING REQUIREMENTS FOR

25 SPECIFIC ENTITIES.—The Administrator may waive reVerDate Sep 11 2014 03:27 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 porting requirements under this section for specific enti2 ties to the extent that the Administrator determines that 

3 sufficient and equally or more reliable verified and timely 

4 data are available to the Administrator and the public 

5 under other statutory requirements. 

6 ‘‘(d) INTERRELATIONSHIP WITH OTHER SYSTEMS.— 

7 ‘‘(1) IN GENERAL.—In developing the regula8 tions issued under subsection (a), the Administrator 

9 shall take into account the work done by the Energy 

10 Information Administration and other mandatory 

11 Federal, State, or multistate programs to collect in12 formation that is similar to the information to be 

13 collected under this section. 

14 ‘‘(2) EXPLANATION.—Regulations issued under 

15 subsection (a) shall include an explanation of any 

16 major differences in information collected between 

17 the Federal thermal energy reporting program and 

18 information available from the Energy Information 

19 Administration and other mandatory Federal, State, 

20 or multistate programs to collect similar informa21 tion. 

22 ‘‘(e) CALCULATION OF USEFUL THERMAL ENERGY

23 OUTPUT.—The Administrator and thermal reporting enti24 ties shall— 


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1 ‘‘(1) in the case of thermal reporting entities 

2 that have revenue-grade send out meters, calculate 

3 useful thermal energy output by using the data pro4 vided by those meters; and 

5 ‘‘(2) in the case of thermal reporting entities 

6 that do not have such meters, or that have such me7 ters but for which the Administrator determines that 

8 the values obtained by calculating useful thermal en9 ergy output under paragraph (1) are unreasonable, 

10 calculate useful thermal energy output based on the 

11 metered fuel use for a given quarter multiplied by 

12 the average conversion efficiency of fuel to useful 

13 thermal energy output in all other similarly situated 

14 facilities using the same fuel. 

15 ‘‘SEC. 714. EIA AND EPA REPORTING. 

16 ‘‘(a) IN GENERAL.—Beginning with calendar year 

17 2022, by the end of each month, the Administrator of the 

18 Energy Information Administration shall provide to the 

19 Administrator of the Environmental Protection Agency in20 formation on the total amount of electricity produced from 

21 qualified electric facilities during the previous month. 

22 ‘‘(b) NEW QUALIFIED ELECTRIC FACILITIES.—The 

23 Administrator of the Environmental Protection Agency 

24 shall notify the Administrator of the Energy Information 

25 Administration whenever an electric facility with a rated 


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1 capacity of less than 2 megawatts elects to be classified 

2 as a qualified electric facility or a qualified cogeneration 

3 facility under section 724. 

4 ‘‘PART C—PROGRAM RULES 

5 ‘‘SEC. 721. REQUIREMENTS. 

6 ‘‘(a) IN GENERAL.—By 12:01 a.m. on April 1 of a 

7 calendar year, a covered entity shall surrender to the Ad8 ministrator one emission allowance for each metric ton of 

9 carbon dioxide equivalent of a greenhouse gas emitted by 

10 the covered entity during the preceding calendar year. 

11 ‘‘(b) ACQUISITION OF EMISSION ALLOWANCES.—A 

12 covered entity shall acquire emission allowances as follows: 

13 ‘‘(1) By receiving emission allowances as pro14 vided in section 722. 

15 ‘‘(2) By purchase, exchange, or transfer under 

16 section 723. 

17 ‘‘(c) APPLICABILITY.—The requirement of this part 

18 applies with respect to calendar year 2023 and subsequent 

19 calendar years. 

20 ‘‘(d) PERIOD OF USE.—An emission allowance may 

21 be used by a covered entity to comply with subsection (a) 

22 only for— 

23 ‘‘(1) the calendar year in connection with which 

24 it is distributed under section 722; or 

25 ‘‘(2) the following calendar year. 


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1 ‘‘(e) ADJUSTMENT OF DEADLINE.—The Adminis2 trator may, by rule, establish a deadline for compliance 

3 with subsection (a) with respect to a calendar year that 

4 is later than 12:01 a.m. on April 1 of the following cal5 endar year, as necessary to ensure the availability of 

6 greenhouse gas emissions data, but in no event shall the 

7 adjusted deadline be later than June 1. 

8 ‘‘SEC. 722. DISTRIBUTION OF EMISSION ALLOWANCES. 

9 ‘‘(a) QUALIFIED ELECTRIC FACILITIES.—During a 

10 calendar year, the Administrator shall distribute, on a con11 tinual basis, to a qualified electric facility for each mega12 watt hour of electricity produced by the qualified electric 

13 facility a number of emission allowances (or fractions 

14 thereof) equal to the product of one multiplied by the 

15 greater of— 

16 ‘‘(1) zero; and 

17 ‘‘(2) the lesser of— 

18 ‘‘(A) the value equal to the product of 0.93 

19 and the preceding calendar year’s average car20 bon intensity for qualified electric facilities; 

21 ‘‘(B) the value equal to the difference of— 

22 ‘‘(i) the preceding calendar year’s av23 erage carbon intensity for qualified electric 

24 facilities; minus 


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1 ‘‘(ii) the product of 0.06 multiplied by 

2 calendar year 2022’s average carbon inten3 sity for qualified electric facilities; or 

4 ‘‘(C) a value set by the Administrator for 

5 purposes of this subsection to ensure that the 

6 aggregate quantity of greenhouse gas emissions 

7 from covered entities does not exceed the tar8 gets specified in section 702(a). 

9 ‘‘(b) QUALIFIED THERMAL FACILITIES.—During a 

10 calendar year, the Administrator shall distribute, on a con11 tinual basis, to a qualified thermal facility for each million 

12 British thermal units of useful thermal energy output pro13 duced by the qualified thermal facility a number of emis14 sion allowances (or fractions thereof) equal to the product 

15 of one multiplied by the greater of— 

16 ‘‘(1) zero; and 

17 ‘‘(2) the lesser of— 

18 ‘‘(A) the value equal to the product of 0.93 

19 and the preceding calendar year’s average car20 bon intensity for qualified thermal facilities; 

21 ‘‘(B) the value equal to the difference of— 

22 ‘‘(i) the preceding calendar year’s av23 erage carbon intensity for qualified ther24 mal facilities; minus 


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1 ‘‘(ii) the product of 0.06 multiplied by 

2 calendar year 2022’s average carbon inten3 sity for qualified thermal facilities; or 

4 ‘‘(C) a value set by the Administrator for 

5 purposes of this subsection to ensure that the 

6 aggregate quantity of greenhouse gas emissions 

7 from covered entities does not exceed the tar8 gets specified in section 702(a). 

9 ‘‘(c) QUALIFIED COGENERATION FACILITIES.—Dur10 ing a calendar year, the Administrator shall distribute, on 

11 a continual basis, to a qualified cogeneration facility— 

12 ‘‘(1) for each megawatt hour of electricity pro13 duced by the qualified cogeneration facility, a num14 ber of emission allowances (or fractions thereof) cal15 culated in accordance with subsection (a); and 

16 ‘‘(2) for each million British thermal units of 

17 useful thermal energy output produced by the quali18 fied cogeneration facility, a number of emission al19 lowances (or fractions thereof) calculated in accord20 ance with subsection (b). 

21 ‘‘(d) ADJUSTED DISTRIBUTION FOR ENTERING INTO

22 CERTAIN AGREEMENTS.— 

23 ‘‘(1) IN GENERAL.—If an existing facility or a 

24 newly constructed low-emission facility enters into 

25 an agreement described in paragraph (2), then over 


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1 the period of the agreement the Administrator shall 

2 distribute emission allowances to such facility in ac3 cordance with this subsection in lieu of subsection 

4 (a), (b), or (c). 

5 ‘‘(2) AGREEMENT.—An agreement described in 

6 this paragraph is a 10-year or longer bilateral agree7 ment signed after the date of enactment of this title 

8 between an existing qualified electric facility, an ex9 isting qualified thermal facility, or an existing quali10 fied cogeneration facility, and a newly constructed 

11 low-emission facility for the annual purchase of a 

12 specified amount of emission allowances. 

13 ‘‘(3) DEFINITIONS.—In this subsection: 

14 ‘‘(A) The term ‘existing’ means, with re15 spect to a facility, in operation as of the date 

16 of entry into an agreement described in para17 graph (2). 

18 ‘‘(B) The term ‘existing facility’ means an 

19 existing qualified electric facility, an existing 

20 qualified thermal facility, or an existing quali21 fied cogeneration facility that is a party to an 

22 agreement described in paragraph (2). 

23 ‘‘(C) The term ‘newly constructed’ means 

24 that the facility involved did not produce elec25 tricity or useful thermal energy output prior to 


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1 the date of entry into an agreement described 

2 in paragraph (2). 

3 ‘‘(D) The term ‘newly constructed low4 emission facility’ means a newly constructed 

5 qualified electric facility, a newly constructed 

6 qualified thermal facility, or a newly con7 structed qualified cogeneration facility that 

8 would emit a lesser quantity of greenhouse 

9 gases per megawatt hour of electricity or per 

10 million British thermal units of useful thermal 

11 energy output, as applicable, than the Adminis12 trator distributes to covered entities under sub13 section (a), (b), or (c), as applicable, in the first 

14 full calendar year during which the newly con15 structed facility operates and is a party to an 

16 agreement described in paragraph (2). 

17 ‘‘(4) DISTRIBUTION OF ALLOWANCES TO AN

18 EXISTING FACILITY.— 

19 ‘‘(A) IN GENERAL.—For calendar years 

20 that are covered by an agreement described in 

21 paragraph (2), beginning with the first full cal22 endar year during which the newly constructed 

23 low-emission facility operates, the Adminis24 trator shall distribute, on a continual basis, to 

25 the existing facility— 


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1 ‘‘(i) for megawatt hours of electricity 

2 or million British thermal units of useful 

3 thermal energy output, as applicable, pro4 duced by the existing facility that are cov5 ered by the agreement, a number of emis6 sion allowances that is equal to— 

7 ‘‘(I) such number of megawatt 

8 hours or million British thermal units, 

9 as applicable; multiplied by 

10 ‘‘(II) the average carbon inten11 sity for qualified electric facilities or 

12 the average carbon intensity for quali13 fied thermal facilities, as applicable, 

14 for such first full calendar year; and 

15 ‘‘(ii) for megawatt hours of electricity 

16 or million British thermal units of useful 

17 thermal energy output, as applicable, pro18 duced by the existing facility exceeding 

19 those that are covered by the agreement, 

20 the number of emission allowances cal21 culated under subsection (a), (b), or (c), as 

22 applicable. 

23 ‘‘(B) CALCULATION OF MEGAWATT HOURS

24 OR MILLION BRITISH THERMAL UNITS COVERED

25 BY AGREEMENT.—For purposes of subparaVerDate Sep 11 2014 03:27 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 graph (A), the number of megawatt hours of 

2 electricity or million British thermal units of 

3 useful thermal energy output, as applicable, 

4 produced by an existing facility that are covered 

5 by the agreement described in paragraph (2) 

6 shall be equal to— 

7 ‘‘(i) the number of emission allow8 ances sold to the existing facility pursuant 

9 to the agreement for the first full calendar 

10 year described in subparagraph (A), di11 vided by the difference of— 

12 ‘‘(I) the number of emission al13 lowances surrendered by the existing 

14 facility to the Administrator for such 

15 first full calendar year; minus 

16 ‘‘(II) the number of emission al17 lowances distributed to the existing 

18 facility by the Administrator for such 

19 first full calendar year; multiplied by 

20 ‘‘(ii) the total number of megawatt 

21 hours of electricity or million British ther22 mal units of useful thermal energy output, 

23 as applicable, produced by the existing fa24 cility in such first full calendar year. 


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1 ‘‘(5) DISTRIBUTION OF ALLOWANCES TO A

2 NEWLY CONSTRUCTED LOW-EMISSION FACILITY.— 

3 ‘‘(A) IN GENERAL.—For calendar years 

4 that are covered by an agreement described in 

5 paragraph (2), beginning with the first full cal6 endar year during which the newly constructed 

7 low-emission facility operates, the Adminis8 trator shall distribute, on a continual basis, to 

9 the newly constructed low-emission facility— 

10 ‘‘(i) for megawatt hours of electricity 

11 or million British thermal units of useful 

12 thermal energy output, as applicable, pro13 duced by the newly constructed low-emis14 sion facility that are covered by the agree15 ment, a number of emission allowances 

16 that is equal to— 

17 ‘‘(I) such number of megawatt 

18 hours or million British thermal units 

19 of useful thermal energy output; mul20 tiplied by 

21 ‘‘(II) the average carbon inten22 sity for qualified electric facilities or 

23 the average carbon intensity for quali24 fied thermal facilities, as applicable, in 

25 such first full calendar year; and 


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1 ‘‘(ii) for megawatt hours of electricity 

2 or million British thermal units of useful 

3 thermal energy output, as applicable, pro4 duced by the newly constructed low-emis5 sion facility exceeding those that are cov6 ered by the agreement, the number of 

7 emission allowances calculated under sub8 section (a), (b), or (c), as applicable. 

9 ‘‘(B) CALCULATION OF MEGAWATT HOURS

10 OR MILLION BRITISH THERMAL UNITS COVERED

11 BY AGREEMENT.—For purposes of subpara12 graph (A), the number of megawatt hours of 

13 electricity or million British thermal units of 

14 useful thermal energy output, as applicable, 

15 produced by a newly constructed low-emission 

16 facility that are covered by the agreement de17 scribed in paragraph (2) shall be equal to— 

18 ‘‘(i) the number of emission allow19 ances sold to the existing facility pursuant 

20 to the agreement for the first full calendar 

21 year described in subparagraph (A), di22 vided by the difference of— 

23 ‘‘(I) the number of emission al24 lowances surrendered by the newly 

25 constructed low-emission facility to 


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1 the Administrator for such first full 

2 calendar year; minus 

3 ‘‘(II) the number of emission al4 lowances distributed to the newly con5 structed low-emission facility by the 

6 Administrator for such first full cal7 endar year; multiplied by 

8 ‘‘(ii) the total number of megawatt 

9 hours of electricity or million British ther10 mal units of useful thermal energy output, 

11 as applicable, produced by the existing fa12 cility in such first full calendar year. 

13 ‘‘(6) CONDITIONS.—An existing facility or 

14 newly constructed low-emission facility may receive 

15 emission allowances under this subsection only if— 

16 ‘‘(A) such facility provides the Adminis17 trator a copy of— 

18 ‘‘(i) the applicable bilateral agree19 ment; and 

20 ‘‘(ii) any amendment to such bilateral 

21 agreement within 30 days of the amend22 ment being made; and 

23 ‘‘(B) the Administrator certifies that allow24 ing the facility to maintain the bilateral agreeVerDate Sep 11 2014 03:27 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 ment is not impacting the ability to achieve the 

2 targets specified in section 702(a)— 

3 ‘‘(i) upon receiving the applicable bi4 lateral agreement, and at least once every 

5 5 years thereafter; and 

6 ‘‘(ii) upon receiving any amendment 

7 thereto. 

8 ‘‘SEC. 723. TRADING. 

9 ‘‘(a) PERMITTED TRANSACTIONS.—Except as other10 wise provided in this title, the lawful holder of an emission 

11 allowance may, without restriction, sell, exchange, trans12 fer, hold, or surrender to the Administrator, the emission 

13 allowance. 

14 ‘‘(b) IDENTIFICATION NUMBERS.—The Adminis15 trator shall assign to each emission allowance a unique 

16 identification number. 

17 ‘‘(c) LEGAL STATUS OF EMISSION ALLOWANCES.— 

18 ‘‘(1) IN GENERAL.—An emission allowance dis19 tributed by the Administrator under this title does 

20 not constitute a property right. 

21 ‘‘(2) TERMINATION OR LIMITATION.—Nothing 

22 in this Act or any other provision of law shall be 

23 construed to limit or alter the authority of the 

24 United States to terminate or limit emission allow25 ances. 


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1 ‘‘(3) OTHER PROVISIONS.—Except as otherwise 

2 specified in this Act, nothing in this Act relating to 

3 emission allowances distributed under this title shall 

4 affect the application of any other provision of law 

5 to a covered entity, or the responsibility for a cov6 ered entity to comply with any such provision of law. 

7 ‘‘(d) EFFECTIVENESS OF EMISSION ALLOWANCE

8 TRANSFERS.—No transfer of an emission allowance shall 

9 be effective for purposes of this title until a certification 

10 of the transfer, signed by the designated representative of 

11 the transferor, is received and recorded by the Adminis12 trator in accordance with regulations promulgated under 

13 section 729. 

14 ‘‘SEC. 724. VOLUNTARY PROGRAM PARTICIPATION. 

15 ‘‘(a) VOLUNTARY PROGRAM PARTICIPATION AS

16 QUALIFIED ELECTRIC FACILITY.— 

17 ‘‘(1) IN GENERAL.—A generator that produces 

18 electricity with a rated capacity of less than 2 

19 megawatts may, in accordance with this subsection, 

20 elect to be classified as a qualified electric facility for 

21 purposes of this title. 

22 ‘‘(2) QUALIFICATION.—In order for a generator 

23 with a rated capacity of less than 2 megawatts to be 

24 classified as a qualified electric facility, the gener25 ator shall— 


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1 ‘‘(A) submit a notification to the Adminis2 trator of the intention of the generator to elect 

3 to be classified as a qualified electric facility; 

4 ‘‘(B) receive approval of such classification 

5 from the Administrator; and 

6 ‘‘(C) designate a representative as required 

7 under section 727(b). 

8 ‘‘(3) APPROVAL.—Not later than 90 after re9 ceipt of a notification under paragraph (2)(A), the 

10 Administrator shall notify the applicable generator 

11 whether the Administrator approves or disapproves 

12 the classification of such generator as a qualified 

13 electric facility. 

14 ‘‘(4) CLASSIFICATION.—If a generator elects to 

15 be classified as a qualified electric facility pursuant 

16 to this subsection, such classification shall remain in 

17 effect unless the facility produces no electricity over 

18 the previous calendar year. 

19 ‘‘(b) VOLUNTARY PROGRAM PARTICIPATION AS A

20 QUALIFIED THERMAL FACILITY.— 

21 ‘‘(1) IN GENERAL.—A generator that produces 

22 thermal energy with a rated fuel-based capacity of 

23 less than 50,000,000 British thermal units on a 

24 higher heating value basis per hour may, in accordVerDate Sep 11 2014 03:27 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 ance with this subsection, elect to be classified as a 

2 qualified thermal facility for purposes of this title. 

3 ‘‘(2) QUALIFICATION.—In order for a generator 

4 that produces thermal energy with a rated fuel-based 

5 capacity of less than 50,000,000 British thermal 

6 units on a higher heating value basis per hour to be 

7 classified as a qualified thermal facility, the facility 

8 shall— 

9 ‘‘(A) have a rated fuel-based capacity of no 

10 less than 2,000,000 British thermal units on a 

11 higher heating value basis per hour; 

12 ‘‘(B) submit a notification to the Adminis13 trator of the intention of the generator to elect 

14 to be classified as a qualified thermal facility; 

15 ‘‘(C) receive approval of such classification 

16 from the Administrator; 

17 ‘‘(D) report annually to the Administrator 

18 relevant information collected on type, quality, 

19 and quantity of fuel used for onsite useful ther20 mal energy output production, the quantity of 

21 useful thermal energy output, and the quantity 

22 of associated greenhouse gas emissions under 

23 section 713; and 

24 ‘‘(E) designate a representative as required 

25 under section 727(b). 


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1 ‘‘(3) CLASSIFICATION.—If a generator that pro2 duces useful thermal energy output elects to be clas3 sified as a qualified thermal facility pursuant to this 

4 subsection, such classification shall remain in effect 

5 unless the facility— 

6 ‘‘(A) falls below a rated fuel-based capacity 

7 of 2,000,000 British thermal units on a higher 

8 heating value basis per hour; or 

9 ‘‘(B) produces no useful thermal energy 

10 output over the previous calendar year. 

11 ‘‘(c) VOLUNTARY PROGRAM PARTICIPATION AS

12 QUALIFIED COGENERATION FACILITY.— 

13 ‘‘(1) IN GENERAL.—A generator that simulta14 neously produces useful thermal energy output and 

15 electricity with a rated capacity of less than 2 

16 megawatts may, in accordance with this subsection, 

17 elect to be classified as a qualified cogeneration fa18 cility for purposes of this title. 

19 ‘‘(2) QUALIFICATION.—In order for a generator 

20 that simultaneously produces useful thermal energy 

21 output and electricity with a rated capacity of less 

22 than 2 megawatts to be classified as a qualified co23 generation facility, the facility shall— 

24 ‘‘(A) submit a notification to the Adminis25 trator of the intention of the generator to elect 


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1 to be classified as a qualified cogeneration facil2 ity; 

3 ‘‘(B) receive approval of the classification 

4 from the Administrator; 

5 ‘‘(C) report annually to the Administrator 

6 relevant information collected on type, quality, 

7 and quantity of fuel used for onsite useful ther8 mal energy output production, the quantity of 

9 useful thermal energy output, and the quantity 

10 of associated greenhouse gas emissions under 

11 section 713; and 

12 ‘‘(D) designate a representative as required 

13 under section 727(b). 

14 ‘‘(3) CLASSIFICATION.—If a generator elects to 

15 be classified as a qualified cogeneration facility pur16 suant to this subsection, such classification shall re17 main in effect unless the facility produces no elec18 tricity over the previous calendar year. 

19 ‘‘SEC. 725. PENALTY FOR NONCOMPLIANCE. 

20 ‘‘(a) CIVIL PENALTY.— 

21 ‘‘(1) IN GENERAL.—The owner or operator of a 

22 covered entity that fails to surrender an emission al23 lowance as required by section 721(a) shall be liable 

24 for payment to the Administrator of a penalty in the 

25 amount described in paragraph (2). 


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1 ‘‘(2) AMOUNT.—The amount of a penalty under 

2 paragraph (1) shall be equal to the product of— 

3 ‘‘(A) twice the highest monetary value (as 

4 indicated by the emission allowance tracking 

5 system established pursuant to section 726 over 

6 the previous calendar year) for the sale or 

7 transfer of an emission allowance; multiplied by 

8 ‘‘(B) the number of emission allowances 

9 which the owner or operator of the covered enti10 ty failed to surrender as described in paragraph 

11 (1). 

12 ‘‘(3) TIMING.—A penalty required under this 

13 subsection shall be immediately due and payable to 

14 the Administrator, without demand, in accordance 

15 with regulations promulgated under section 729. 

16 ‘‘(4) NO EFFECT ON LIABILITY.—A penalty due 

17 and payable by the owners or operators of a covered 

18 entity under this subsection shall not diminish the li19 ability of the owners or operators for any fine, pen20 alty, or assessment against the owners or operators 

21 for the same violation under any other provision of 

22 this Act or any other law. 

23 ‘‘(b) REPLACEMENT EMISSION ALLOWANCES.—The 

24 owner or operator of a covered entity that fails to sur25 render one or more emission allowances as required by secVerDate Sep 11 2014 03:27 Nov 01, 2020 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 tion 721(a) for a calendar year shall surrender a quantity 

2 of emission allowances that is equal to the quantity the 

3 covered entity failed to surrender (in addition to the emis4 sion allowances otherwise required to be surrendered) by 

5 the April 1st deadline of the second succeeding calendar 

6 year. 

7 ‘‘SEC. 726. EMISSION ALLOWANCE TRACKING SYSTEM. 

8 ‘‘The regulations promulgated under section 729 

9 shall provide for— 

10 ‘‘(1) the establishment of a system to distribute 

11 emission allowances to covered entities; 

12 ‘‘(2) a process to create accounts in which cov13 ered entities and any other entities that buy or sell 

14 emission allowances may hold emission allowances; 

15 ‘‘(3) the establishment of an emission allowance 

16 tracking system to track— 

17 ‘‘(A) the number of emission allowances 

18 transferred; 

19 ‘‘(B) the price or monetary value for which 

20 emission allowances are transferred; 

21 ‘‘(C) the date of each such transfer; 

22 ‘‘(D) the parties involved in the transfer; 

23 and 


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1 ‘‘(E) any additional information the Ad2 ministrator determines necessary for each such 

3 transfer; and 

4 ‘‘(4) the publication by the Administrator on 

5 the internet of— 

6 ‘‘(A) a weekly summary of average prices 

7 of emission allowances weighted by transaction 

8 size, the total number of emission allowances 

9 traded, and any other additional information 

10 determined by the Administrator as necessary 

11 for the orderly and competitive functioning of 

12 any emission allowance market; 

13 ‘‘(B) the number of emission allowances 

14 distributed by the Administrator under section 

15 722 each month to qualified electric facilities; 

16 ‘‘(C) the number of emission allowances 

17 distributed by the Administrator under section 

18 722 each month to qualified thermal facilities; 

19 ‘‘(D) the number of emission allowances 

20 distributed by the Administrator under section 

21 722 each month to qualified cogeneration facili22 ties; 

23 ‘‘(E) the number of emission allowances 

24 distributed by the Administrator under section 

25 722 during a calendar year that are held by 


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1 qualified electric facilities at the end of each 

2 month; 

3 ‘‘(F) the number of emission allowances 

4 distributed by the Administrator under section 

5 722 during a calendar year that are held by 

6 qualified thermal facilities at the end of each 

7 month; 

8 ‘‘(G) the number of emission allowances 

9 distributed by the Administrator under section 

10 722 during a calendar year that are held by 

11 qualified cogeneration facilities at the end of 

12 each month; 

13 ‘‘(H) the number of emission allowances 

14 distributed by the Administrator under section 

15 722 during a calendar year that are held by en16 tities other than covered entities at the end of 

17 each month; 

18 ‘‘(I) the number of emission allowances 

19 surrendered to the Administrator each year by 

20 qualified electric facilities; 

21 ‘‘(J) the number of emission allowances 

22 surrendered to the Administrator each year by 

23 qualified thermal facilities; and 


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1 ‘‘(K) the number of emission allowances 

2 surrendered to the Administrator each year by 

3 qualified cogeneration facilities. 

4 ‘‘SEC. 727. OTHER PROGRAM RULES. 

5 ‘‘(a) THRESHOLD REVIEW.—For each category of 

6 covered entities listed in section 701(5), the Adminis7 trator— 

8 ‘‘(1) in 2025, and once every 5 years thereafter, 

9 shall review the threshold for electricity or useful 

10 thermal energy output production that is used to de11 fine covered entities in such category; and 

12 ‘‘(2) may by rule lower such threshold after 

13 consideration of— 

14 ‘‘(A) greenhouse gas emissions from cov15 ered entities in such category, and from other 

16 entities of the same type that produce less elec17 tricity or useful thermal energy output (includ18 ing greenhouse gas emission sources that com19 mence operation after the date of enactment of 

20 this title that are not covered entities); and 

21 ‘‘(B) whether greater greenhouse gas emis22 sion reductions can be cost-effectively achieved 

23 by lowering the applicable threshold. 

24 ‘‘(b) DESIGNATED REPRESENTATIVES.—The regula25 tions promulgated under section 729 shall require that 


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1 each covered entity, and each entity holding an emission 

2 allowance or receiving an emission allowance from the Ad3 ministrator under this title, submit to the Administrator 

4 a certificate of representation designating a designated 

5 representative. 

6 ‘‘(c) SAVINGS PROVISION.—Nothing in this title shall 

7 be construed— 

8 ‘‘(1) as requiring a change of any kind in any 

9 State law regulating electric utility rates and 

10 charges, or as affecting any State law regarding 

11 such State regulation, or as limiting State regulation 

12 (including any prudency review) under such a State 

13 law; 

14 ‘‘(2) as modifying the Federal Power Act or as 

15 affecting the authority of the Federal Energy Regu16 latory Commission under that Act; or 

17 ‘‘(3) as interfering with or impairing any pro18 gram for competitive bidding for power supply in a 

19 State in which such a program is established. 

20 ‘‘(d) POSITION LIMITS.— 

21 ‘‘(1) IN GENERAL.—The regulations promul22 gated under section 729 shall limit the number of 

23 emission allowances that an entity may hold at any 

24 time in a calendar year. 


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1 ‘‘(2) LIMITS.—The Administrator, in consulta2 tion with the Commodity Futures Trading Commis3 sion, shall set limits under paragraph (1)— 

4 ‘‘(A) on the number of emission allowances 

5 distributed in a calendar year that an entity 

6 may hold in such calendar year; 

7 ‘‘(B) on the total number of emission al8 lowances that an entity may hold in a calendar 

9 year; 

10 ‘‘(C) so that no entity may at any time 

11 hold a number of emission allowances that may 

12 influence the price of emission allowances; and 

13 ‘‘(D) in a manner that will ensure ade14 quate liquidity for buyers and sellers of emis15 sion allowances. 

16 ‘‘(e) STATUS OF SURRENDERED EMISSION ALLOW17 ANCES.—Once an emission allowance is surrendered to the 

18 Administrator under this title, the emission allowance 

19 shall be disqualified from subsequent use under this title, 

20 including subsequent sale, exchange, or submission. 

21 ‘‘(f) ORDERLY AND COMPETITIVE MARKET.—The 

22 regulations promulgated under section 729 shall specify 

23 all procedures and requirements necessary for the orderly 

24 and competitive functioning of any emission allowance 

25 market. 


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1 ‘‘SEC. 728. OVERSIGHT. 

2 ‘‘(a) IN GENERAL.—Not later than January 1, 2022, 

3 and every 2 years thereafter, the Comptroller General of 

4 the United States shall submit to Congress a report on— 

5 ‘‘(1) the results of implementation of this title; 

6 and 

7 ‘‘(2) the progress in meeting the targets speci8 fied in section 702(a). 

9 ‘‘(b) CONTENTS.—Each report under subsection (a) 

10 shall include— 

11 ‘‘(1) a comprehensive evaluation of— 

12 ‘‘(A) the efficiency, transparency, and 

13 soundness of the distribution of emission allow14 ances under this title, and the Federal thermal 

15 energy reporting program; 

16 ‘‘(B) the cost-effectiveness of this title in 

17 achieving the targets specified in section 

18 702(a); and 

19 ‘‘(C) the effectiveness of this title in facili20 tating the deployment of additional zero-carbon 

21 electricity capacity and useful thermal energy 

22 output capacity; and 

23 ‘‘(2) recommendations, if any, for legislative, 

24 regulatory, or administrative changes with respect to 

25 this title to improve its effectiveness and to reduce 

26 or eliminate any identified waste, fraud, or abuse. 


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1 ‘‘(c) ADDITIONAL CONTENTS.—Each report under 

2 subsection (a) shall address the effectiveness of this title 

3 in— 

4 ‘‘(1) creating and preserving jobs; 

5 ‘‘(2) ensuring a manageable transition to a 

6 zero-emission economy for working families and 

7 workers; 

8 ‘‘(3) reducing, or enhancing sequestration of, 

9 greenhouse gases; 

10 ‘‘(4) developing clean technologies; and 

11 ‘‘(5) maintaining a liquid market for emission 

12 allowances. 

13 ‘‘SEC. 729. REGULATIONS. 

14 ‘‘Except as otherwise specified in this title, the Ad15 ministrator shall promulgate final regulations to carry out 

16 this title not later than 24 months after the date of enact17 ment of this title. 

18 ‘‘SEC. 730. SAVINGS PROVISIONS. 

19 ‘‘Nothing in this title shall be interpreted to relieve 

20 any person from complying with any requirement of an21 other title of this Act.’’. 

Æ 


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