II 

Calendar No. 1067 

110TH CONGRESS 

2D SESSION S. 1387 

[Report No. 110–491] 

To amend the Emergency Planning and Community Right-to-Know Act of 

1986 to provide for greenhouse gases. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2007 

Ms. KLOBUCHAR (for herself and Ms. SNOWE) introduced the following bill; 

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

Public Works 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported by Mrs. BOXER, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Emergency Planning and Community Rightto-Know Act of 1986 to provide for greenhouse gases. 

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 ‘‘National Greenhouse 

5 Gas Registry Act of 2007’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) global climate change poses a significant 

4 threat to national security, the United States econ5 omy, public health and welfare, and the global envi6 ronment; 

7 (2) high-quality data will be an important fac8 tor in successfully implementing a green house gas 

9 regulatory framework; and 

10 (3) to begin to manage climate change risks, 

11 public and private entities will need a comprehen12 sive, accurate inventory, registry, and information 

13 system of the sources and quantities of United 

14 States greenhouse gas emissions. 

15 (b) PURPOSE.—The purpose of this Act is to estab16 lish a mandatory greenhouse gas inventory, registry, and 

17 information system that— 

18 (1) is complete, consistent, transparent, and ac19 curate; 

20 (2) will provide accurate data that can be used 

21 by public and private entities to design efficient and 

22 effective greenhouse gas emission reduction strate23 gies; and 

24 (3) will provide the appropriate high-quality 

25 data to be used in any future greenhouse gas regu26 latory framework. 


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1 SEC. 3. INCLUSION OF GREENHOUSE GASES IN EMER2 GENCY PLANNING AND COMMUNITY RIGHT3 TO-KNOW ACT OF 1986. 

4 (a) INCLUSION ON LIST OF GREENHOUSE GASES.— 

5 Section 302 of the Emergency Planning and Community 

6 Right-to-Know Act of 1986 (42 U.S.C. 11002) is amend7 ed— 

8 (1) in subsection (a)— 

9 (A) in paragraph (2)— 

10 (i) in the first sentence, by striking 

11 ‘‘Within’’ and inserting the following: 

12 ‘‘(A) IN GENERAL.—Not later than’’; 

13 (ii) in the second sentence, by striking 

14 ‘‘The list’’ and inserting the following: 

15 ‘‘(B) CONTENTS.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), the list’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(ii) INCLUSION OF GREENHOUSE

21 GASES.—Notwithstanding clause (i), the 

22 Administrator shall include greenhouse 

23 gases on the list under this paragraph.’’; 

24 and 

25 (B) in paragraph (3), by adding at the end 

26 the following: 


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1 ‘‘(D) GREENHOUSE GASES.—Notwith2 standing any other provision of this section, the 

3 Administrator— 

4 ‘‘(i) shall establish a threshold plan5 ning quantity for greenhouse gases under 

6 subparagraph (A) of 1 metric ton for each 

7 greenhouse gas; and 

8 ‘‘(ii) shall not be required to comply 

9 with subparagraph (A) for purposes of es10 tablishing the threshold planning quantity 

11 for greenhouse gases under clause (i).’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(e) GREENHOUSE GAS EMISSIONS.— 

15 ‘‘(1) DEFINITION OF AFFECTED FACILITY.—In 

16 this subsection: 

17 ‘‘(A) IN GENERAL.—The term ‘affected fa18 cility’ means— 

19 ‘‘(i) a major emitting facility (as de20 fined in section 169 of the Clean Air Act 

21 (42 U.S.C. 7479)); 

22 ‘‘(ii) a major stationary source (as de23 fined in section 169A(g) of that Act (42 

24 U.S.C. 7491(g))); 


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1 ‘‘(iii) an electricity generator or elec2 tric utility that emits a greenhouse gas; 

3 ‘‘(iv) a facility that manufactures or 

4 imports a greenhouse gas; 

5 ‘‘(v) a facility that emits nitrous ox6 ides associated with the manufacture of 

7 adipic or nitric acid; 

8 ‘‘(vi) an aluminum smelter that emits 

9 a greenhouse gas; 

10 ‘‘(vii) an underground coal mine that 

11 emitted more than 35,000,000 cubic feet 

12 of methane during calendar year 2004 or 

13 thereafter; 

14 ‘‘(viii) a facility that emits 

15 hydrofluorocarbon-23 as a byproduct of 

16 hydrochlorofluorocarbon-22; and 

17 ‘‘(ix) any other facility of appropriate 

18 size, as determined by the Administrator, 

19 that emits a greenhouse gas. 

20 ‘‘(B) EXCLUSION.—The term ‘affected fa21 cility’ does not include any small business (as 

22 described in part 121 of title 13, Code of Fed23 eral Regulations (or a successor regulation)) 

24 that generates fewer than 10,000 metric tons of 

25 greenhouse gas emissions during a calendar 


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1 year unless the small business elects to be con2 sidered for a de minimis exemption under this 

3 subsection, or elects to voluntarily participate in 

4 the reporting and registry under section 314, as 

5 an affected facility. 

6 ‘‘(2) DE MINIMIS EXEMPTIONS.—As soon as 

7 practicable after the date of enactment of this sub8 section, the Administrator may determine the level 

9 of global warming pollution emissions from a source 

10 within an affected facility that shall be considered to 

11 be eligible for a de minimis exemption from a re12 quirement under this section. 

13 ‘‘(3) REQUIREMENTS.—In making a determina14 tion pursuant to paragraph (2), the Administrator 

15 shall— 

16 ‘‘(A) take into consideration the avail17 ability and suitability of simplified techniques 

18 and tools; 

19 ‘‘(B) establish criteria under which, begin20 ning in calendar year 2010, a third-party entity 

21 may be qualified by the Administrator to certify 

22 reported greenhouse gas emissions and emission 

23 baselines of affected facilities; and 

24 ‘‘(C) to the maximum extent practicable, 

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1 tification procedure each State administering a 

2 mandatory carbon registry system, as deter3 mined by the Administrator.’’. 

4 (b) COMMISSIONS, DISTRICTS, AND COMMITTEES.— 

5 Section 301 of the Emergency Planning and Community 

6 Right-to-Know Act of 1986 (42 U.S.C. 11001) is amended 

7 by adding at the end the following: 

8 ‘‘(e) GREENHOUSE GASES.—Notwithstanding any 

9 other provision of this Act, the establishment of a State 

10 emergency response commission, an emergency planning 

11 district, or an emergency planning committee under this 

12 section shall not be required with respect to any green13 house gas.’’. 

14 (c) GREENHOUSE GAS RECORDS.—Subtitle B of the 

15 Emergency Planning and Community Right-to-Know Act 

16 of 1986 (42 U.S.C. 11021 et seq.) is amended by adding 

17 at the end the following: 

18 ‘‘SEC. 314. GREENHOUSE GAS REPORTS AND REGISTRY. 

19 ‘‘(a) REPORTS.— 

20 ‘‘(1) IN GENERAL.—Subject to section 301(e), 

21 each affected facility (as defined in section 

22 302(e)(1)) shall submit to the appropriate State 

23 emergency response commission under section 301 

24 an annual report describing the greenhouse gas 


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1 emissions and applicable emission baselines of the 

2 affected facility during the preceding calendar year. 

3 ‘‘(2) REQUIREMENT.—Each report submitted 

4 under paragraph (1) shall express the greenhouse 

5 gas emissions of an affected facility— 

6 ‘‘(A) in metric tons of each greenhouse gas 

7 emitted by the affected facility; and 

8 ‘‘(B) in metric tons of the carbon dioxide 

9 equivalent of each greenhouse gas so emitted. 

10 ‘‘(b) ACTION BY COMMISSION.—Each State emer11 gency response commission that receives a report under 

12 subsection (a) shall— 

13 ‘‘(1) ensure that the report is certified in ac14 cordance with regulations of the Administrator; 

15 ‘‘(2) for calendar year 2010 and each calendar 

16 year thereafter, ensure that the report is certified by 

17 a third-party entity as described in section 

18 302(e)(3)(B); 

19 ‘‘(3) submit to the Administrator a copy of each 

20 report for inclusion in the greenhouse gas registry 

21 under subsection (d); and 

22 ‘‘(4) establish and maintain in the office of the 

23 commission a record of each report submitted to the 

24 commission under subsection (a) for each calendar 

25 year. 


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1 ‘‘(c) PUBLIC ACCESS.—A State emergency response 

2 commission shall ensure public access to the records main3 tained under subsection (b)(3), except to the extent that 

4 information contained in such a record is otherwise pro5 tected from public access under this Act. 

6 ‘‘(d) NATIONAL GREENHOUSE GAS REGISTRY.— 

7 ‘‘(1) ESTABLISHMENT.—The Administrator, in 

8 consultation with the Secretary of Commerce, the 

9 Secretary of Agriculture, the Secretary of Energy, 

10 States, the private sector, and nongovernmental or11 ganizations concerned with establishing standards 

12 for the reporting of greenhouse gas emissions, shall 

13 establish and maintain a national greenhouse gas 

14 emissions registry (referred to in this subsection as 

15 the ‘registry’). 

16 ‘‘(2) INCLUSIONS.—The Administrator shall in17 clude in the registry— 

18 ‘‘(A) each report received from a State 

19 emergency response commission under sub20 section (b)(3); 

21 ‘‘(B) for each greenhouse gas emitted, ac22 cording to the reports, an estimate of the quan23 tity of emissions of the greenhouse gas by each 

24 category of source; 


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1 ‘‘(C) a detailed analysis of trends in the 

2 quantity, composition, and sources of green3 house gas emissions in the Unites States; and 

4 ‘‘(D) an estimate of— 

5 ‘‘(i) mobile source emissions of the 

6 greenhouse gas emitted as a result of com7 bustion of fuels in transportation equip8 ment, such as automobiles, trucks, trains, 

9 airplanes, and vessels; 

10 ‘‘(ii) direct stationary combustion 

11 source emissions; 

12 ‘‘(iii) the total quantity of direct 

13 greenhouse gas emissions from stationary 

14 sources, expressed in units of carbon diox15 ide equivalent; 

16 ‘‘(iv) the quantity of petroleum prod17 ucts sold or imported by each affected fa18 cility, and the quantity of greenhouse 

19 gases, expressed in units of carbon dioxide 

20 equivalent, that would be emitted when 

21 those products are used for transportation 

22 in the United States, as determined by the 

23 Administrator; 


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1 ‘‘(v) the total quantity of reductions 

2 in greenhouse gas emissions created by 

3 greenhouse gas offsets; 

4 ‘‘(vi) the quantity of 

5 hydrofluorocarbons, perfluorocarbons, and 

6 sulfur hexafluoride (expressed in units of 

7 carbon dioxide equivalent) that— 

8 ‘‘(I) are sold or imported by each 

9 affected facility; and 

10 ‘‘(II) will ultimately be emitted in 

11 the United States, as determined by 

12 the Administrator; and 

13 ‘‘(vii) such other categories of emis14 sions as the Administrator determines may 

15 be practicable and useful for the purposes 

16 of this Act, such as— 

17 ‘‘(I) indirect emissions from im18 ported electricity, heat, and steam; 

19 ‘‘(II) process and fugitive emis20 sions; and 

21 ‘‘(III) production or importation 

22 of greenhouse gases. 

23 ‘‘(3) PUBLIC AVAILABILITY.—The Adminis24 trator shall publish on the website of the Environ25 mental Protection Agency all information contained 


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1 in the registry, except in any case in which pub2 lishing the information would result in a disclosure 

3 of information vital to national security, as deter4 mined by the Administrator. 

5 ‘‘(4) INTEGRATION.—The Administrator shall 

6 integrate, to the maximum extent practicable, infor7 mation contained in the registry with any other envi8 ronmental information system maintained by the 

9 Administrator. 

10 ‘‘(e) NEW REPORTING SYSTEM.— 

11 ‘‘(1) IN GENERAL.—On or after the date that 

12 is 3 years after the date of enactment of this sec13 tion, the Administrator, in consultation with each 

14 party described in subsection (d)(1), may, on the 

15 record, after providing for a public hearing and op16 portunity to comment, and accordance with this Act 

17 or the authority of the Administrator under any 

18 other law administered by the Administrator, estab19 lish a new reporting system for greenhouse gases. 

20 ‘‘(2) REQUIREMENTS.—A new reporting system 

21 established under this subsection shall, as compared 

22 with the registry established under subsection (d)— 

23 ‘‘(A) incorporate and apply to the same af24 fected facilities, gases, sources, and economic 

25 sectors; and 


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1 ‘‘(B) at a minimum, be equally as com2 prehensive. 

3 ‘‘(f) REGULATIONS.—Regulations promulgated under 

4 this section may be enforced pursuant to section 113 of 

5 the Clean Air Act (42 U.S.C. 7413) with respect to any 

6 person that— 

7 ‘‘(1) fails to submit a report under this section; 

8 or 

9 ‘‘(2) otherwise fails to comply with those regu10 lations.’’. 

11 (d) DEFINITION OF GREENHOUSE GAS.—Section 

12 329 of the Emergency Planning and Community Right13 to-Know Act of 1986 (42 U.S.C. 11049) is amended— 

14 (1) by redesignating paragraphs (5) through 

15 (10) as paragraphs (6) through (11), respectively; 

16 and 

17 (2) by inserting after paragraph (4) the fol18 lowing: 

19 ‘‘(5) GREENHOUSE GAS.—The term ‘greenhouse 

20 gas’ means any of— 

21 ‘‘(A) carbon dioxide; 

22 ‘‘(B) mercury; 

23 ‘‘(C) methane; 

24 ‘‘(D) nitrous oxides; 

25 ‘‘(E) hydrofluorocarbons; 


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1 ‘‘(F) perfluorocarbons; 

2 ‘‘(G) sulfur hexafluoride; and 

3 ‘‘(H) any other anthropogenically-emitted 

4 gas that the Administrator, after notice and 

5 comment, determines to contribute to global 

6 warming.’’. 

7 (e) EFFECT OF SECTION.—Nothing in this section or 

8 an amendment made by this section requires the labeling 

9 of a greenhouse gas (as defined in paragraph (5) of section 

10 329 of the Emergency Planning and Community Right11 to-Know Act of 1986 (42 U.S.C. 11049) (as amended by 

12 subsection (d))) as a toxic substance for purposes of any 

13 other Federal law (including regulations). 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Federal Greenhouse Gas 

16 Registry Act of 2008’’. 

17 SEC. 2. PURPOSE. 

18 The purpose of this Act is to provide for the establish19 ment of a Federal greenhouse gas registry that— 

20 (1) is complete, consistent, transparent, and ac21 curate; 

22 (2) will collect reliable and accurate data that 

23 can be used by public and private entities to design 

24 efficient and effective energy security initiatives and 

25 greenhouse gas emission reduction strategies; and 


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1 (3) will provide appropriate high-quality data to 

2 be used for implementing greenhouse gas reduction 

3 policies. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) AFFECTED FACILITY.— 

10 (A) IN GENERAL.—The term ‘‘affected facil11 ity’’ means— 

12 (i) any facility that uses more than 

13 5,000 tons of coal in a calendar year; 

14 (ii) any facility that is a natural gas 

15 processing plant or that produces natural 

16 gas in the State of Alaska, or any entity 

17 that imports natural gas (including lique18 fied natural gas); 

19 (iii) any facility that in any year pro20 duces, or any entity that in any year im21 ports, petroleum- or coal-based liquid or 

22 gaseous fuel, the combustion of which will 

23 emit a group I greenhouse gas, assuming no 

24 capture and sequestration of that gas; 


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1 (iv) any facility that in any year pro2 duces for sale or distribution, or any entity 

3 that in any year imports, more than 10,000 

4 carbon dioxide equivalents of chemicals that 

5 are greenhouse gas (other than 

6 hydrofluorocarbons), assuming no capture 

7 and destruction or sequestration of that gas; 

8 (v) a facility that produces for sale or 

9 distribution, or an entity that imports, in 

10 any calendar year more than 10,000 carbon 

11 dioxide equivalents of hydrofluorocarbons, 

12 perfluorocarbons, sulfur hexafluoride, nitro13 gen trifluoride, or any other fluorinated gas 

14 that is a greenhouse gas, as designated by 

15 the Administrator; 

16 (vi) a facility within the electric power 

17 sector that contains a fossil fuel-fired elec18 tricity generating unit or units that to19 gether emit more than 10,000 carbon diox20 ide equivalents of greenhouse gas in any 

21 calendar year; 

22 (vii) an industrial facility that emits 

23 more than 10,000 carbon dioxide equiva24 lents of greenhouse gas in any calendar 

25 year; 


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1 (viii) a facility that produces, or an 

2 entity that imports, in any calendar year 

3 petroleum- or coal-based liquid or gaseous 

4 fuel, the combustion of which will emit more 

5 than 10,000 carbon dioxide equivalents of 

6 greenhouse gas; 

7 (ix) a local distribution company that 

8 in any calendar year delivers natural gas, 

9 the combustion of which will emit more 

10 than 10,000 carbon dioxide equivalents of 

11 greenhouse gas; 

12 (x) a site at which carbon dioxide is 

13 geologically sequestered on a commercial 

14 scale; 

15 (xi) subject to subparagraph (B), an16 other facility that emits a greenhouse gas, 

17 as determined by the Administrator; and 

18 (xii) at the option of the Adminis19 trator, a vehicle fleet with emissions of more 

20 than 10,000 carbon dioxide equivalents per 

21 calendar year, assuming no double-counting 

22 of emissions. 

23 (B) EXCLUSIONS.—The term ‘‘affected facil24 ity’’ may not include, at the discretion of the Ad25 ministrator, any facility described in subparaVerDate Aug 31 2005 03:23 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S1387.RS S1387

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1 graph (A)(xi) that is owned or operated by a 

2 small business (as described in part 121 of title 

3 13, Code of Federal Regulations (or a successor 

4 regulation)). 

5 (3) CARBON CONTENT.—The term ‘‘carbon con6 tent’’ means the quantity of carbon (in carbon dioxide 

7 equivalent) contained in a fuel. 

8 (4) CARBON DIOXIDE EQUIVALENT.—The term 

9 ‘‘carbon dioxide equivalent’’ means, with respect to a 

10 greenhouse gas, the quantity of the greenhouse gas 

11 that the Administrator determines makes the same 

12 contribution to global warming as 1 metric ton of 

13 carbon dioxide. 

14 (5) CLIMATE REGISTRY.—The term ‘‘Climate 

15 Registry’’ means the greenhouse gas emissions registry 

16 jointly established and managed by more than 40 

17 States and Indian tribes to collect high-quality green18 house gas emission data from facilities, corporations, 

19 and other organizations to support various greenhouse 

20 gas emission reporting and reduction policies for the 

21 member States and Indian tribes. 

22 (6) FACILITY.—The term ‘‘facility’’ means 1 or 

23 more buildings, structures, or installations of an enti24 ty on 1 or more contiguous or adjacent properties lo25 cated in the United States. 


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1 (7) FEEDSTOCK.—The term ‘‘feedstock’’ means 

2 fossil fuel used as raw material in a manufacturing 

3 process. 

4 (8) GREENHOUSE GAS.—The term ‘‘greenhouse 

5 gas’’ means— 

6 (A) carbon dioxide; 

7 (B) methane; 

8 (C) nitrous oxide; 

9 (D) hydrofluorocarbons; 

10 (E) perfluorocarbons; 

11 (F) sulfur hexafluoride; and 

12 (G) any other anthropogenically-emitted gas 

13 that the Administrator, after notice and com14 ment, determines to contribute to climate change. 

15 (9) GREENHOUSE GAS EMISSIONS.— 

16 (A) IN GENERAL.—The term ‘‘greenhouse 

17 gas emissions’’ means emissions of a greenhouse 

18 gas. 

19 (B) INCLUSIONS.—The term ‘‘greenhouse 

20 gas emissions’’ includes— 

21 (i) stationary combustion source emis22 sions emitted as a result of combustion of 

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1 cinerators, engines, flares, and other similar 

2 sources; 

3 (ii) process emissions consisting of 

4 emissions from chemical or physical proc5 esses other than combustion; 

6 (iii) fugitive emissions consisting of in7 tentional and unintentional emissions from 

8 equipment leaks, such as joints, seals, pack9 ing, and gaskets, or from piles, pits, cooling 

10 towers, and other similar sources; and 

11 (iv) biogenic emissions resulting from 

12 biological processes, such as anaerobic de13 composition, nitrification, and 

14 denitrification. 

15 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

16 has the meaning given the term in section 4 of the In17 dian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 450b). 

19 (11) INDUSTRIAL FACILITY.—The term ‘‘indus20 trial facility’’ means— 

21 (A) any facility in the manufacturing sec22 tor (as defined in North American Industrial 

23 Classification System Codes 31, 32, and 33); 

24 (B) any natural gas processing plant; and 


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1 (C) any other facility that produces 

2 petroleum- or coal-based liquid fuel. 

3 (12) LOCAL DISTRIBUTION COMPANY.—The term 

4 ‘‘local distribution company’’ has the meaning given 

5 the term in section 2 of the Natural Gas Policy Act 

6 of 1978 (15 U.S.C. 3301). 

7 (13) REGISTRY.—The term ‘‘Registry’’ means the 

8 Federal greenhouse gas registry established under sec9 tion 6(a). 

10 (14) REVERSAL.—The term ‘‘reversal’’ means an 

11 intentional or unintentional release to the atmosphere 

12 of a significant quantity (as determined by the Ad13 ministrator) of greenhouse gas that was sequestered. 

14 (15) SEQUESTERED.—The term ‘‘sequestered’’ 

15 means the isolation of a greenhouse gas, without re16 versal, in geological formations, as determined by the 

17 Administrator. 

18 (16) SOURCE.—The term ‘‘source’’ means any 

19 building, structure, installation, unit, point, oper20 ation, vehicle, land area, or other item that emits or 

21 may emit a greenhouse gas. 

22 SEC. 4. REPORTING REQUIREMENTS. 

23 (a) IN GENERAL.—Each affected facility shall submit 

24 to the Administrator, for inclusion in the Registry, periodic 

25 reports, including annual and quarterly data, that— 


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1 (1) describe the quantity and type of feedstocks 

2 that are extracted, produced, refined, imported, ex3 ported, or consumed at or by the facility; 

4 (2) describe the quantity of each greenhouse gas 

5 generated, produced, imported, exported, consumed, or 

6 captured and sequestered at or by the facility; 

7 (3) describe the quantity of electricity generated, 

8 imported, exported, or consumed by or at the facility, 

9 and information on the quantity of greenhouse gases 

10 emitted when the imported, exported, or consumed 

11 electricity was generated, as determined by the Ad12 ministrator; 

13 (4) provide a list and description of sources of 

14 greenhouse gas emissions at the facility; 

15 (5) describe greenhouse gas emissions expressed 

16 in metric tons of each greenhouse gas emitted and in 

17 the quantity of carbon dioxide equivalents of each 

18 greenhouse gas emitted; 

19 (6) describe the aggregate quantity of each green20 house gas emitted from each source at the facility, in21 cluding stationary combustion source emissions, proc22 ess emissions, and fugitive emissions, and the aggre23 gate quantity of those emissions; 


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1 (7) quantify greenhouse gas emissions in accord2 ance with the measurement standards established 

3 under section 5; 

4 (8) provide other data necessary for accurate and 

5 complete accounting of greenhouse gas emissions, as 

6 determined by the Administrator; 

7 (9) provide an appropriate certification regard8 ing the accuracy and completeness of reported data, 

9 as determined by the Administrator; and 

10 (10) are submitted electronically to the Adminis11 trator, in such form and to such extent as may be re12 quired by the Administrator. 

13 (b) DE MINIMIS EXEMPTIONS.— 

14 (1) IN GENERAL.—The Administrator may deter15 mine— 

16 (A) whether certain sources at a facility 

17 should be considered to be eligible for a de mini18 mis exemption from the reporting requirement 

19 under this Act; and 

20 (B) the level of greenhouse gases emitted 

21 from a source that would qualify for such an ex22 emption. 

23 (2) FACTORS.—In making a determination 

24 under paragraph (1), the Administrator shall con25 sider— 


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1 (A) the availability and suitability of sim2 plified techniques and tools for quantifying emis3 sions; and 

4 (B) the cost to measure those emissions rel5 ative to the purposes of this Act, including the 

6 goal of collecting complete and consistent facil7 ity-wide data. 

8 (c) VERIFICATION OF REPORT REQUIRED.—The Ad9 ministrator shall verify the completeness and accuracy of 

10 the report using information provided under this section 

11 or obtained under other provisions of law. 

12 (d) TIMING.—For calendar year 2010 and each subse13 quent calendar year, each affected facility shall submit 

14 quarterly data described in this section to the Adminis15 trator not later than 90 days after the end of the applicable 

16 quarter. 

17 (e) NO EFFECT ON OTHER REQUIREMENTS.—Nothing 

18 in this title affects any requirement in effect as of the date 

19 of enactment of this Act relating to the reporting of— 

20 (1) fossil fuel production, refining, importation, 

21 exportation, or consumption data; 

22 (2) greenhouse gas emission data; or 

23 (3) other relevant data. 

24 SEC. 5. DATA QUALITY AND VERIFICATION. 

25 (a) PROTOCOLS AND METHODS.— 


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1 (1) IN GENERAL.—The Administrator shall es2 tablish by regulation, taking into account the Climate 

3 Registry, comprehensive protocols and methods to en4 sure the accuracy, completeness, consistency, and 

5 transparency of data on greenhouse gas emissions and 

6 feedstock production, refining, importation, expor7 tation, and consumption submitted to the Registry 

8 that include— 

9 (A) accounting and reporting standards for 

10 feedstock production, refining, importation, ex11 portation, and consumption; 

12 (B) a requirement that, if technologically 

13 feasible, submitted data are monitored using 

14 monitoring systems for fuel flow or emissions, 

15 such as continuous emission monitoring systems 

16 or equivalent systems of similar rigor, accuracy, 

17 quality, and timeliness; 

18 (C) a requirement that, if a facility has al19 ready been directed to monitor emissions of a 

20 greenhouse gas using a continuous emission 

21 monitoring system under existing law, that sys22 tem be used in complying with this Act with re23 spect to the greenhouse gas; 

24 (D) for cases in which the Administrator 

25 determines that monitoring emissions with the 


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1 precision, reliability, accessibility, and timeli2 ness similar to that provided by a continuous 

3 emission monitoring system are not techno4 logically feasible, standardized methods for calcu5 lating greenhouse gas emissions in specific in6 dustries using other readily available and reli7 able information, such as fuel consumption, ma8 terials consumption, production, or other rel9 evant activity data, if those methods do not 

10 underreport emissions, as compared with the 

11 continuous emission monitoring system; 

12 (E) information on the accuracy of meas13 urement and calculation methods; 

14 (F) methods to avoid double-counting of 

15 greenhouse gas emissions; 

16 (G) protocols to prevent an affected facility 

17 from avoiding the reporting requirements of this 

18 title; and 

19 (H) protocols for verification of data sub20 mitted by affected facilities. 

21 (2) BEST PRACTICES.—The protocols and meth22 ods developed under paragraph (1) shall incorporate 

23 and conform to the best practices from the most recent 

24 Federal, State, and international protocols for the 

25 measurement, accounting, reporting, and verification 


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1 of greenhouse gas emissions to ensure the accuracy, 

2 completeness, and consistency of the data. 

3 (b) VERIFICATION; INFORMATION BY REPORTING ENTI4 TIES.—Each affected facility shall— 

5 (1) provide information sufficient for the Admin6 istrator to verify, in accordance with the protocols 

7 and methods developed under subsection (a), that the 

8 feedstock data and greenhouse gas emission data of 

9 the affected facility have been completely and accu10 rately reported; and 

11 (2) ensure the submission or retention, for the 5- 

12 year period beginning on the date of provision of the 

13 information, of— 

14 (A) data sources; 

15 (B) information on internal control activi16 ties; 

17 (C) information on assumptions used in re18 porting emissions and fuels; 

19 (D) uncertainty analyses; and 

20 (E) other relevant data and information to 

21 facilitate the verification of reports submitted to 

22 the Registry. 

23 (c) WAIVER OF REPORTING REQUIREMENTS.—The Ad24 ministrator may waive reporting requirements for specific 

25 facilities if the Administrator determines that sufficient 


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1 and equally or more reliable data are available under other 

2 provisions of law. 

3 (d) MISSING DATA.—If information, satisfactory to the 

4 Administrator, is not provided for an affected facility, the 

5 Administrator shall— 

6 (1) prescribe methods to estimate emissions for 

7 the facility for each period for which data are miss8 ing, reflecting the highest emission levels that may 

9 reasonably have occurred during the period for which 

10 data are missing; and 

11 (2) take appropriate enforcement action pursu12 ant to this section. 

13 SEC. 6. FEDERAL GREENHOUSE GAS REGISTRY. 

14 (a) ESTABLISHMENT.—Not later than 2 years after the 

15 date of enactment of this Act, the Administrator shall pro16 mulgate regulations establishing a Federal greenhouse gas 

17 registry that— 

18 (1) builds upon the final rule promulgated in ac19 cordance with the sixth undesignated paragraph of 

20 the matter under the heading ‘‘ADMINISTRATIVE PRO21 VISIONS, ENVIRONMENTAL PROTECTION AGENCY’’ 

22 under title II of division F of the Consolidated Ap23 propriations Act, 2008 (Public Law 110–161; 121 

24 Stat. 2128); 


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1 (2) makes changes necessary to achieve the pur2 pose described in section 2; and 

3 (3) requires emission reporting to begin by not 

4 later than January 1, 2011. 

5 (b) ADMINISTRATION.—In establishing the Registry, 

6 the Administrator shall— 

7 (1) design and operate the Registry; 

8 (2) establish an advisory body that is broadly 

9 representative of private enterprise, agriculture, envi10 ronmental groups, and State, tribal, and local govern11 ments to guide the development and management of 

12 the Registry; 

13 (3) provide coordination and technical assistance 

14 for the development of proposed protocols and meth15 ods, taking into account the Climate Registry, to be 

16 published by the Administrator; 

17 (4)(A) develop an electronic format for reporting 

18 under guidelines established under section 4(a)(1); 

19 and 

20 (B) make the electronic format available to re21 porting entities; 

22 (5) verify and audit the data submitted by re23 porting entities; 


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1 (6) establish consistent policies for calculating 

2 carbon content and greenhouse gas emissions for each 

3 type of feedstock reported under section 4; 

4 (7) calculate carbon content and greenhouse gas 

5 emissions associated with the combustion of feedstock 

6 data reported by reporting entities; and 

7 (8) immediately publish on the Internet all in8 formation contained in the Registry, except in any 

9 case in which publishing the information would result 

10 in a disclosure of— 

11 (A) information vital to national security, 

12 as determined by the President; or 

13 (B) confidential business information that 

14 cannot be derived from information that is other15 wise publicly available and that would cause sig16 nificant calculable competitive harm if published 

17 (except that information relating to greenhouse 

18 gas emissions shall not be considered to be con19 fidential business information). 

20 (c) THIRD-PARTY VERIFICATION.—The Administrator 

21 may use the services of third parties that have no conflicts 

22 of interest to verify reports required under section 4. 

23 (d) REGULATIONS.—The Administrator shall— 


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1 (1) not later than 180 days after the date of en2 actment of this Act, propose regulations to carry out 

3 this section; and 

4 (2) not later than July 1, 2009, promulgate final 

5 regulations to carry out this section. 

6 SEC. 7. ENFORCEMENT. 

7 (a) CIVIL ACTIONS.—The Administrator may bring a 

8 civil action in United States district court against the 

9 owner or operator of an affected facility that fails to comply 

10 with any requirement of this Act. 

11 (b) PENALTY.—Any person that has violated or is vio12 lating this Act shall be subject to a civil penalty of not more 

13 than $25,000 per day of each violation. 

Amend the title so as to read: ‘‘A bill to direct the 

Administrator of the Environmental Protection Agency to 

establish a Federal greenhouse gas registry.’’. 


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Calendar No. 1067 

110TH CONGRESS 

2D SESSION S. 1387 

[Report No. 110–491] 

A BILL 

To amend the Emergency Planning and Commugreenhouse gases. nity Right-to-Know Act of 1986 to provide for 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment and an amendment to the 

title 


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