II 

113TH CONGRESS 

1ST SESSION S. 332 

To address climate disruptions, reduce carbon pollution, enhance the use 

of clean energy, and promote resilience in the infrastructure of the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. SANDERS (for himself and Mrs. BOXER) introduced the following bill; 

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

Public Works 

A BILL 

To address climate disruptions, reduce carbon pollution, enhance the use of clean energy, and promote resilience 

in the infrastructure of the United States, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Climate Protection Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 332 IS

TITLE I—CARBON POLLUTION FEE 

Sec. 101. Carbon pollution fee. 

Sec. 102. Residential environmental rebate program. 

Sec. 103. Pollution Reduction Trust Fund. 

TITLE II—SUSTAINABLE TECHNOLOGIES FINANCE PROGRAM 

Sec. 201. Sustainable Technologies Finance Program. 

Sec. 202. Budgetary effects. 

TITLE III—ENVIRONMENTAL PROTECTION 

Sec. 301. Regulation of hydraulic fracturing. 

Sec. 302. Reports to Congress. 

Sec. 303. Sense of Congress relating to reduction in greenhouse gas emissions. 

1 TITLE I—CARBON POLLUTION 

2 FEE 

3 SEC. 101. CARBON POLLUTION FEE. 

4 (a) IN GENERAL.—Title I of the Clean Air Act (42 

5 U.S.C. 7401 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘PART E—CARBON POLLUTION FEE 

8 ‘‘SEC. 195. DEFINITIONS. 

9 ‘‘In this part: 

10 ‘‘(1) CARBON POLLUTING SUBSTANCE.—The 

11 term ‘carbon polluting substance’ means coal (in12 cluding lignite and peat), petroleum and any petro13 leum product, or natural gas that— 

14 ‘‘(A) when combusted or otherwise used, 

15 will release greenhouse gas emissions; and 

16 ‘‘(B) is— 

17 ‘‘(i) extracted, manufactured, or pro18 duced in the United States; or 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 332 IS

1 ‘‘(ii) imported into the United States 

2 for consumption, use, or warehousing. 

3 ‘‘(2) CARBON POLLUTION-INTENSIVE GOOD.— 

4 The term ‘carbon pollution-intensive good’ means a 

5 good that is (as identified by the Administrator, by 

6 rule)— 

7 ‘‘(A) iron, steel, a steel mill product (in8 cluding pipe and tube), aluminum, cement, 

9 glass (including flat, container, and specialty 

10 glass and fiberglass), pulp, paper, a chemical, 

11 or an industrial ceramic; 

12 ‘‘(B) any other manufactured product that 

13 the Administrator determines— 

14 ‘‘(i) is transferred for purposes of fur15 ther manufacture; and 

16 ‘‘(ii) generates, in the course of the 

17 manufacture of the product, direct and in18 direct greenhouse gas emissions that are 

19 comparable (on an emissions-per-dollar of 

20 output basis) to emissions generated in the 

21 manufacture or production of a product 

22 identified in subparagraph (A); or 

23 ‘‘(C) a manufactured item— 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•S 332 IS

1 ‘‘(i) in which 1 or more products iden2 tified in subparagraph (A) or (B) are in3 puts; and 

4 ‘‘(ii) the cost of production of which 

5 in the United States is significantly in6 creased by the imposition of a fee under 

7 this part. 

8 ‘‘(3) FIRST CALENDAR YEAR.—The term ‘first 

9 calendar year’ means the earlier of— 

10 ‘‘(A) calendar year 2014; or 

11 ‘‘(B) the first calendar year beginning at 

12 least 180 days after the date of enactment of 

13 this part. 

14 ‘‘(4) SUBSTANTIALLY EQUIVALENT MEASURE.— 

15 The term ‘substantially equivalent measure’ means a 

16 fee or other regulatory requirement that imposes a 

17 cost on manufacturers of carbon pollution-intensive 

18 goods located outside the United States approxi19 mately equal to the cost imposed by the fee under 

20 this part on manufacturers of comparable carbon 

21 pollution-intensive goods located in the United 

22 States. 

23 ‘‘(5) 12TH CALENDAR YEAR.—The term ‘12th 

24 calendar year’ means the calendar year beginning 12 

25 years after the first calendar year. 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•S 332 IS

1 ‘‘SEC. 196. IMPOSITION OF FEE. 

2 ‘‘(a) IN GENERAL.—The Administrator shall impose 

3 on any manufacturer, producer, or importer of a carbon 

4 polluting substance a fee in accordance with this section. 

5 ‘‘(b) AMOUNT.— 

6 ‘‘(1) IN GENERAL.—The amount of the carbon 

7 pollution fee imposed under subsection (a) on any 

8 carbon polluting substance shall be assessed per ton 

9 of carbon dioxide content (including carbon dioxide 

10 equivalent content of methane) of the carbon pol11 luting substance, as determined by the Adminis12 trator, in consultation with the Secretary of Energy. 

13 ‘‘(2) FRACTIONAL PART OF TON.—In the case 

14 of a fraction of a ton of a carbon polluting sub15 stance, the fee imposed under subsection (a) shall be 

16 the same fraction of the amount of the fee imposed 

17 on a whole ton of the carbon polluting substance. 

18 ‘‘(3) APPLICABLE AMOUNT.—For purposes of 

19 paragraph (1), the amount of the fee shall be— 

20 ‘‘(A) for the first calendar year, $20; 

21 ‘‘(B) for each calendar year occurring after 

22 the first calendar year and before the 12th cal23 endar year, an amount equal to the sum of— 

24 ‘‘(i) the amount in effect under this 

25 paragraph for the preceding calendar year; 

26 and 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•S 332 IS

1 ‘‘(ii) the product (rounded to the 

2 nearest dollar) obtained by multiplying— 

3 ‘‘(I) the amount described in 

4 clause (i); and 

5 ‘‘(II) 5.6 percent; and 

6 ‘‘(C) for the 12th calendar year and any 

7 calendar year thereafter, the amount in effect 

8 under this paragraph for the preceding calendar 

9 year. 

10 ‘‘(c) SINGLE IMPOSITION OF FEE.—No fee shall be 

11 imposed under subsection (a) with respect to a carbon pol12 luting substance if the person that would be liable for the 

13 fee establishes that a prior fee imposed under that sub14 section has been imposed with respect to that carbon pol15 luting substance. 

16 ‘‘(d) LIMITATIONS.—No fee shall be imposed against 

17 a person under subsection (a) for a calendar year if during 

18 that calendar year, in accordance with such regulations 

19 as the Administrator may prescribe— 

20 ‘‘(1) the person uses a carbon polluting sub21 stance as a feedstock so that the carbon associated 

22 with that carbon polluting substance will not be 

23 emitted; 

24 ‘‘(2) a fee under subsection (a) was paid with 

25 respect to another carbon polluting substance that is 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•S 332 IS

1 used by the person in the manufacture or production 

2 of the applicable carbon polluting substance; or 

3 ‘‘(3) the carbon polluting substance is exported. 

4 ‘‘SEC. 197. CARBON EQUIVALENCY FEE. 

5 ‘‘(a) IMPORTS.— 

6 ‘‘(1) IN GENERAL.—The Administrator shall 

7 impose a carbon equivalency fee on imports of car8 bon pollution-intensive goods that shall be equivalent 

9 to the cost that domestic producers of comparable 

10 carbon pollution-intensive goods incur as a result 

11 of— 

12 ‘‘(A) fees paid by manufacturers, pro13 ducers, and importers of carbon polluting sub14 stances under this part; and 

15 ‘‘(B) carbon equivalency fees paid by im16 porters of carbon pollution-intensive goods used 

17 in the production of the relevant comparable 

18 carbon pollution-intensive goods. 

19 ‘‘(2) DETERMINATION OF FEE AMOUNT.— 

20 ‘‘(A) IN GENERAL.—The amount of the 

21 carbon equivalency fee under paragraph (1) 

22 shall be— 

23 ‘‘(i) determined annually; and 

24 ‘‘(ii) differentiated by classes of prod25 ucts and country of origin, taking into acVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
8 

•S 332 IS

1 count the quantity of greenhouse gas emis2 sions released during the process of manu3 facturing the carbon pollution-intensive 

4 goods and transporting the carbon pollu5 tion-intensive goods from the country of 

6 origin. 

7 ‘‘(B) PETITIONS FOR ADJUSTMENT.—The 

8 Administrator shall provide for a process for 

9 petitioning for adjustment to any fees deter10 mined under this subsection. 

11 ‘‘(b) USE OF PROCEEDS.— 

12 ‘‘(1) TRANSFER OF FUNDS.—For each applica13 ble fiscal year, the Secretary of the Treasury shall 

14 transfer to the Administrator and the Secretary of 

15 Transportation an amount equal to 50 percent each 

16 of the amounts received during the preceding fiscal 

17 year as a result of the carbon equivalency fee im18 posed under subsection (a), without further appro19 priation. 

20 ‘‘(2) USE OF FUNDS.— 

21 ‘‘(A) ENVIRONMENT.—The Administrator, 

22 in consultation with the Secretary of Agri23 culture, the Secretary of the Interior, and the 

24 Secretary of State, shall use the amounts trans25 ferred under paragraph (1)— 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•S 332 IS

1 ‘‘(i) as a primary purpose, to provide 

2 amounts to State and local programs that 

3 assist communities in— 

4 ‘‘(I) adapting to climate change; 

5 ‘‘(II) improving the resiliency of 

6 critical infrastructure; and 

7 ‘‘(III) protecting environmental 

8 quality and wildlife; and 

9 ‘‘(ii) as a secondary purpose, to meet 

10 international commitments made by the 

11 United States to assist with climate change 

12 adaptation. 

13 ‘‘(B) TRANSPORTATION.—The Secretary of 

14 Transportation shall use the amounts trans15 ferred under paragraph (1) to provide 

16 amounts— 

17 ‘‘(i) to State and local programs that 

18 assist communities in improving the resil19 iency of critical infrastructure; and 

20 ‘‘(ii) for projects that provide pref21 erential parking for carpools, including the 

22 addition of electric vehicle charging sta23 tions, subject to the condition that the pri24 mary purpose of the facilities is the reducVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
10 

•S 332 IS

1 tion of vehicular traffic on nearby Federal2 aid highways. 

3 ‘‘(c) EXPIRATION.—This section shall cease to have 

4 effect at such time as, and to the extent that— 

5 ‘‘(1)(A) in the case of countries of export that 

6 adopt and ratify an international agreement requir7 ing countries that emit greenhouse gases and 

8 produce carbon pollution-intensive goods for inter9 national markets to adopt equivalent measures, the 

10 international agreement comes into effect; or 

11 ‘‘(B) the country of export has implemented 

12 substantially equivalent measures, as certified by the 

13 President of the United States; and 

14 ‘‘(2) the actions provided under subsection (a) 

15 are no longer appropriate, as determined by the Ad16 ministrator. 

17 ‘‘SEC. 198. REPORT TO CONGRESS. 

18 ‘‘Not later than 5 years after the date of enactment 

19 of this part, the Administrator shall submit to Congress 

20 a report that includes recommendations for— 

21 ‘‘(1) the administration of the carbon pollution 

22 fee program under this part for calendar years be23 ginning after the 12th calendar year, including a 

24 schedule for establishing the amount of the fee for 

25 those subsequent calendar years; and 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•S 332 IS

1 ‘‘(2) future investments to reduce greenhouse 

2 gas emissions and provide resources for climate 

3 change adaptation.’’. 

4 (b) TECHNICAL AMENDMENTS.—Title IV of the 

5 Clean Air Act (relating to noise pollution) (42 U.S.C. 

6 7641 et seq.) is— 

7 (1) amended by redesignating sections 401 

8 through 403 as sections 701 through 703, respec9 tively; and 

10 (2) redesignated as title VII and moved to ap11 pear at the end of that Act. 

12 SEC. 102. RESIDENTIAL ENVIRONMENTAL REBATE PRO13 GRAM. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to the Administrator of the Environmental Protec16 tion Agency (referred to in this section as the ‘‘Administrator’’) an amount equal to 3 17 ⁄5 of the amounts received 

18 in the Treasury as the result of the fee imposed under 

19 section 196 of the Clean Air Act (as added by section 

20 101(a)) to provide a monthly residential environmental re21 bate to legal residents of the United States. 

22 (b) REGULATIONS.—As soon as practicable after the 

23 date of enactment of this Act, the Administrator shall pro24 mulgate regulations establishing procedures for the dis25 tribution of residential environmental rebates under subVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
12 

•S 332 IS

1 section (a), including procedures that provide, to the max2 imum extent practicable, for— 

3 (1) the coordination of the monthly residential 

4 environmental rebate with other Federal and State 

5 payment mechanisms; 

6 (2) the use of electronic transfers of the month7 ly residential environmental rebates; and 

8 (3) the establishment of an Office of Environ9 mental Rebate Advocate within the Environmental 

10 Protection Agency to assist households with access11 ing and using the residential environmental rebate 

12 program. 

13 (c) ADMINISTRATIVE COSTS.—Of the amounts re14 served for rebates under this section, not more than 1 per15 cent shall be used to administer the program under this 

16 section. 

17 SEC. 103. POLLUTION REDUCTION TRUST FUND. 

18 (a) ESTABLISHMENT.—There is established in the 

19 Treasury of the United States a trust fund to be known 

20 as the ‘‘Pollution Reduction Trust Fund’’ (referred to in 

21 this section as the ‘‘Trust Fund’’), consisting of such 

22 amounts as are transferred to the Trust Fund under sub23 section (b) and to be used to facilitate the implementation 

24 of the carbon pollution reduction program. 


tkelley on DSK3SPTVN1PROD with BILLS
13 

•S 332 IS

1 (b) TRANSFERS TO TRUST FUND.—After setting 

2 aside amounts under section 102(a), there is appropriated 

3 to the Trust Fund an amount equivalent to the remaining 

4 revenues received in the Treasury as the result of the fee 

5 imposed under section 196 of the Clean Air Act (as added 

6 by section 101(a)). 

7 (c) DISTRIBUTION OF AMOUNTS.—Amounts in the 

8 Trust Fund for a calendar year shall be available without 

9 further appropriation, as follows: 

10 (1) $7,500,000,000 shall be available to the Ad11 ministrator of the Environmental Protection Agency, 

12 for each of the first 10 calendar years beginning 

13 after the date of enactment of this Act, to mitigate 

14 the economic impacts of the fee imposed under sec15 tion 196 of the Clean Air Act (as added by section 

16 101(a)) on energy-intensive and trade-exposed in17 dustries, to be distributed in accordance with regula18 tions promulgated by the Administrator, subject to 

19 the requirement that the Administrator shall reserve 

not less than 1 20 ⁄4 of those amounts for energy effi21 ciency investments in energy-intensive or trade-ex22 posed industries. 

23 (2) $5,000,000,000 shall be available to the 

24 Secretary of Energy to carry out the Weatherization 

25 Assistance Program for Low-Income Persons estabVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
14 

•S 332 IS

1 lished under part A of title IV of the Energy Con2 servation and Production Act (42 U.S.C. 6861 et 

3 seq.) for each of the first 10 calendar years begin4 ning after the date of enactment of this Act. 

5 (3) $1,000,000,000 shall be available to the 

6 Secretary of Labor for each of the first 10 calendar 

7 years beginning after the date of enactment of this 

8 Act for job training, education, and transition assist9 ance for individuals employed by the fossil fuel in10 dustry seeking to transition to clean energy jobs. 

11 (4) $2,000,000,000 shall be available for the 

12 Advanced Research Projects Agency-Energy for each 

13 of the first 10 calendar years beginning after the 

14 date of enactment of this Act. 

15 (5) The balance shall be used for Federal budg16 et deficit reduction. 

17 TITLE II—SUSTAINABLE TECH18 NOLOGIES FINANCE PRO19 GRAM 

20 SEC. 201. SUSTAINABLE TECHNOLOGIES FINANCE PRO21 GRAM. 

22 (a) ESTABLISHMENT.—The Administrator of the En23 vironmental Protection Agency (referred to in this section 

24 as the ‘‘Administrator’’) shall establish a program, and 

25 promulgate any necessary regulations to carry out the proVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
15 

•S 332 IS

1 gram, to be known as the ‘‘Sustainable Technologies Fi2 nance Program’’, under which the Administrator shall 

3 provide loans, credit instruments, loan guarantees, and 

4 other financial assistance, including in the form of assist5 ance for public-private partnerships, for eligible projects 

6 carried out in the United States that reduce greenhouse 

7 gas emissions. 

8 (b) ELIGIBLE PROJECTS.—A project shall be eligible 

9 to receive financial assistance under this section if the 

10 project reduces greenhouse gas emissions as determined 

11 by the Administrator, and uses— 

12 (1) a technology for— 

13 (A) energy efficiency; 

14 (B) combined heat and power; 

15 (C) solar energy, including— 

16 (i) photovoltaic energy; 

17 (ii) thermal energy; 

18 (iii) wind energy; and 

19 (iv) geothermal energy, including 

20 groundsource heat pumps; 

21 (D) biomass or biofuels that are not 

22 sourced from food crops; 

23 (E) ocean, tidal, or hydropower energy; 

24 (F) electric vehicle infrastructure; 

25 (G) advanced battery or energy storage; or 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•S 332 IS

1 (H) rail, transit, or public transportation; 

2 or 

3 (2) any other transportation technology that of4 fers a reduction in greenhouse gas emissions, as de5 termined by the Administrator. 

6 (c) APPLICATIONS.—To be eligible to receive financial 

7 assistance under this section, the owner or operator of an 

8 eligible project shall submit to the Administrator an appli9 cation at such time, in such manner, and containing such 

10 information as the Administrator may require. 

11 (d) PRIORITY.—In providing financial assistance 

12 under this section, the Administrator shall give priority 

13 to projects that provide the largest greenhouse gas emis14 sions reductions per Federal dollar invested, as deter15 mined by the Administrator. 

16 (e) FUNDING.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, on October 1, 2013, and on each 

19 October 1 thereafter through October 1, 2022, out 

20 of any funds in the Treasury not otherwise appro21 priated, the Secretary of the Treasury shall transfer 

22 to the Administrator for the cost of grants, loans, 

23 and loan guarantees to carry out this section, 

24 $5,000,000,000, to remain available until expended. 


tkelley on DSK3SPTVN1PROD with BILLS
17 

•S 332 IS

1 (2) RECEIPT AND ACCEPTANCE.—The Adminis2 trator shall be entitled to receive, shall accept, and 

3 shall use to carry out this section the funds trans4 ferred under paragraph (1), without further appro5 priation. 

6 (3) ADMINISTRATIVE COSTS.—Of the amounts 

7 made available to carry out this section, the Admin8 istrator may use not more than 2 percent for each 

9 fiscal year for the administration of this section. 

10 SEC. 202. BUDGETARY EFFECTS. 

11 The budgetary effects of this title, for the purpose 

12 of complying with the Statutory Pay-As-You-Go Act of 

13 2010, shall be determined by reference to the latest state14 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 

15 for this Act, submitted for printing in the Congressional 

16 Record by the Chairman of the Senate Budget Committee, 

17 provided that such statement has been submitted prior to 

18 the vote on passage. 

19 TITLE III—ENVIRONMENTAL 

20 PROTECTION 

21 SEC. 301. REGULATION OF HYDRAULIC FRACTURING. 

22 (a) DISCLOSURE.—Section 1421(b) of the Safe 

23 Drinking Water Act (42 U.S.C. 300h(b)) is amended— 

24 (1) by striking paragraph (2); 


tkelley on DSK3SPTVN1PROD with BILLS
18 

•S 332 IS

1 (2) by redesignating paragraph (3) as para2 graph (2); and 

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

4 ‘‘(3) DISCLOSURES OF CHEMICAL CONSTITU5 ENTS.— 

6 ‘‘(A) IN GENERAL.—A person conducting 

7 hydraulic fracturing operations shall disclose to 

8 the State (or to the Administrator, in any case 

9 in which the Administrator has primary en10 forcement responsibility in a State), by not 

11 later than such deadlines as shall be established 

12 by the State (or the Administrator)— 

13 ‘‘(i) before the commencement of any 

14 hydraulic fracturing operations at any area 

15 or a portion of a area, a list of chemicals 

16 intended for use in any underground injec17 tion during the operations (including iden18 tification of the chemical constituents of 

19 mixtures, Chemical Abstracts Service num20 bers for each chemical and constituent, 

21 material safety data sheets when available, 

22 and the anticipated volume of each chem23 ical to be used); and 

24 ‘‘(ii) after the completion of hydraulic 

25 fracturing operations described in clause 


tkelley on DSK3SPTVN1PROD with BILLS
19 

•S 332 IS

1 (i), the list of chemicals used in each un2 derground injection during the operations 

3 (including identification of the chemical 

4 constituents of mixtures, Chemical Ab5 stracts Service numbers for each chemical 

6 and constituent, material safety data 

7 sheets when available, and the volume of 

8 each chemical used). 

9 ‘‘(B) PUBLIC AVAILABILITY.—The State 

10 (or the Administrator, as applicable) shall make 

11 available to the public the information con12 tained in each disclosure of chemical constitu13 ents under subparagraph (A), including by 

14 posting the information on an appropriate 

15 Internet website. 

16 ‘‘(C) IMMEDIATE DISCLOSURE IN CASE OF

17 MEDICAL EMERGENCY.— 

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

19 (ii), the regulations promulgated pursuant 

20 to subsection (a) shall require that, in any 

21 case in which the State (or the Adminis22 trator, as applicable) or an appropriate 

23 treating physician or nurse determines that 

24 a medical emergency exists and the propri25 etary chemical formula or specific chemical 


tkelley on DSK3SPTVN1PROD with BILLS
20 

•S 332 IS

1 identity of a trade-secret chemical used in 

2 hydraulic fracturing is necessary for med3 ical treatment, the applicable person using 

4 hydraulic fracturing shall, upon request, 

5 immediately disclose to the State (or the 

6 Administrator) or the treating physician or 

7 nurse the proprietary chemical formula or 

8 specific chemical identity of a trade-secret 

9 chemical, regardless of the existence of— 

10 ‘‘(I) a written statement of need; 

11 or 

12 ‘‘(II) a confidentiality agreement. 

13 ‘‘(ii) REQUIREMENT.—A person using 

14 hydraulic fracturing that makes a disclo15 sure required under clause (i) may require 

16 the execution of a written statement of 

17 need and a confidentiality agreement as 

18 soon as practicable after the determination 

19 by the State (or the Administrator) or the 

20 treating physician or nurse under that 

21 clause. 

22 ‘‘(D) NO PUBLIC DISCLOSURE RE23 QUIRED.—Nothing in subparagraph (A) or (B) 

24 authorizes a State (or the Administrator) to reVerDate Mar 15 2010 21:46 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S332.IS S332

tkelley on DSK3SPTVN1PROD with BILLS
21 

•S 332 IS

1 quire the public disclosure of any proprietary 

2 chemical formula.’’. 

3 (b) DEFINITIONS.—Section 1421(d) of the Safe 

4 Drinking Water Act (42 U.S.C. 300h(d)) is amended by 

5 striking paragraph (1) and inserting the following: 

6 ‘‘(1) UNDERGROUND INJECTION.— 

7 ‘‘(A) IN GENERAL.—The term ‘under8 ground injection’ means the subsurface em9 placement of fluids by well injection. 

10 ‘‘(B) INCLUSION.—The term ‘underground 

11 injection’ includes the underground injection of 

12 fluids or propping agents pursuant to hydraulic 

13 fracturing operations relating to oil or gas pro14 duction activities. 

15 ‘‘(C) EXCLUSION.—The term ‘underground 

16 injection’ does not include the underground in17 jection of natural gas for the purpose of stor18 age.’’. 

19 (c) STATE PRIMARY ENFORCEMENT RESPONSI20 BILITY.—Section 1422 of the Safe Drinking Water Act 

21 (42 U.S.C. 300h–1) is amended by striking subsection (c) 

22 and inserting the following: 

23 ‘‘(c) DISAPPROVAL OF A STATE PROGRAM.— 

24 ‘‘(1) IN GENERAL.—If the Administrator dis25 approves a State program (or part of a program) 


tkelley on DSK3SPTVN1PROD with BILLS
22 

•S 332 IS

1 under subsection (b)(2) or determines under sub2 section (b)(3) that a State no longer meets the re3 quirements of clause (i) or (ii) of subsection 

4 (b)(1)(A), or if a State fails to submit an application 

5 or notice before the date of expiration of the period 

6 specified in subsection (b)(1), not later than 90 days 

7 after the date of the disapproval, determination, or 

8 expiration (as applicable), the Administrator, by reg9 ulation, shall prescribe (and may from time to time 

10 by regulation revise) a program applicable to the 

11 State that meets the requirements of section 

12 1421(b). 

13 ‘‘(2) OTHER PROGRAM NOT IN EFFECT.—A 

14 program prescribed by the Administrator under 

15 paragraph (1) shall apply in the State to the extent 

16 that a program adopted by the State that the Ad17 ministrator determines meets the requirements of 

18 clause (i) or (ii) of subsection (b)(1)(A) is not in ef19 fect. 

20 ‘‘(3) OPPORTUNITY FOR PUBLIC HEARING.— 

21 Before promulgating any regulation under this sec22 tion, the Administrator shall provide an opportunity 

23 for a public hearing with respect to the regulation.’’. 


tkelley on DSK3SPTVN1PROD with BILLS
23 

•S 332 IS

1 (d) ENFORCEMENT OF PROGRAM.—Section 1423(c) 

2 of the Safe Drinking Water Act (42 U.S.C. 300h–2) is 

3 amended— 

4 (1) by striking paragraphs (1) and (2) and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—In any case in which the 

7 Administrator is authorized to bring a civil action 

8 under this section with respect to any regulation or 

9 other requirement of this part, the Administrator 

10 may also issue an order under this subsection that 

11 assesses a civil penalty of not more than $10,000 for 

12 each day of violation for any past or current viola13 tion, up to a maximum administrative penalty of 

14 $125,000 or requires compliance with the regulation 

15 or other requirement, or both.’’; and 

16 (2) by redesignating paragraphs (3) through 

17 (8) as paragraphs (2) through (7), respectively. 

18 (e) OPTIONAL DEMONSTRATION BY STATES RELAT19 ING TO OIL OR NATURAL GAS.— 

20 (1) IN GENERAL.—Section 1425 of the Safe 

21 Drinking Water Act (42 U.S.C. 300h–4) is repealed. 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) The first sentence of section 

24 1423(a)(1) of the Safe Drinking Water Act (42 


tkelley on DSK3SPTVN1PROD with BILLS
24 

•S 332 IS

1 U.S.C. 300h–2(a)(1)) is amended by striking 

2 ‘‘or section 1425(c)’’. 

3 (B) Section 1443(c)(2) of the Safe Drink4 ing Water Act (42 U.S.C. 300j–2(c)(2)) is 

5 amended by striking the second sentence. 

6 SEC. 302. REPORTS TO CONGRESS. 

7 (a) FUGITIVE METHANE EMISSIONS.—Not later than 

8 2 years after the date of enactment of this Act, the Admin9 istrator of the Environmental Protection Agency shall sub10 mit to Congress a report describing the quantity of fugi11 tive methane emissions emitted as a result of any leak in 

12 natural gas infrastructure, including recommendations for 

13 eliminating each such leak. 

14 (b) OTHER GREENHOUSE GAS EMISSIONS.—The Ad15 ministrator of the Environmental Protection Agency shall 

16 enter into an agreement with the National Academy of 

17 Sciences under which the Academy shall conduct a study, 

18 and, not later than 2 years after the date of enactment 

19 of this Act, submit to Congress a report describing— 

20 (1) the quantity of United States greenhouse 

21 gas emissions not covered by a program under this 

22 Act (or an amendment made by this Act); and 

23 (2) recommendations for programs to reduce 

24 emissions of those greenhouse gases. 


tkelley on DSK3SPTVN1PROD with BILLS
25 

•S 332 IS

1 SEC. 303. SENSE OF CONGRESS RELATING TO REDUCTION 

2 IN GREENHOUSE GAS EMISSIONS. 

3 It is the sense of Congress that the United States 

4 should carry out activities to ensure that, by January 1, 

5 2050, the total quantity of greenhouse gas emissions re6 leased in the United States is reduced by not less than 

7 80 percent, as compared to the total quantity of green8 house gas emissions released during calendar year 2005. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS