I 
111TH CONGRESS 
1ST SESSION 
H. R. 232 
To provide for the creation of a Federal greenhouse gas registry, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2009 
Ms. BALDWIN (for herself, Mr. INSLEE, Mr. HOLT, and Ms. LEE of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To provide for the creation of a Federal greenhouse gas 
registry, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Greenhouse Gas Reg-
istry Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(2) CARBON DIOXIDE EQUIVALENT.—The term 
‘‘carbon dioxide equivalent’’ means, for each green-
house gas, the quantity of the greenhouse gas that 
the Administrator determines, pursuant to section 4, 
makes the same contribution to global warming as 
1 metric ton of carbon dioxide. 
(3) CLIMATE
REGISTRY.—The term ‘‘Climate 
Registry’’ means the greenhouse gas emission reg-
istry jointly established and managed by more than 
40 States and Indian tribes to collect greenhouse 
gas emission data from entities to support various 
greenhouse gas emission reporting and reduction 
policies for the member States and Indian tribes. 
(4) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means, for each calendar year— 
(A) a facility within the electric power sec-
tor that contains a fossil fuel-fired electricity 
generating unit or units that together emit 
more than 10,000 carbon dioxide equivalents of 
greenhouse gas in that year; 
(B) an industrial facility that emits more 
than 10,000 carbon dioxide equivalents of 
greenhouse gas in that year; 
(C) a facility that produces, or an entity 
that imports or exports, in that year refined or 
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semirefined petroleum-based, or coal-based, liq-
uid fuel; 
(D) a local distribution company that in 
that year delivers natural gas; 
(E) to the extent that the Administrator 
considers necessary to achieve the purposes de-
scribed in section 3, an entity selling or distrib-
uting electric energy or an independent system 
operator; 
(F) a facility that produces for sale or dis-
tribution, or an entity that imports, in that year 
more than 10,000 carbon dioxide equivalents of 
hydrofluorocarbons, 
perfluorocarbons, 
sulfur 
hexafluoride, any other anthropogenic gas des-
ignated by the Administrator as a greenhouse 
gas under section 5, or any combination there-
of; 
(G) a site at which carbon dioxide is geo-
logically sequestered on a commercial scale; and 
(H) any other entity that the Adminis-
trator determines is appropriate in order to 
carry out the purposes set forth in section 3. 
(5) FACILITY.—The term ‘‘facility’’ means one 
or more buildings, structures, or installations of an 
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entity on one or more contiguous or adjacent prop-
erties located in the United States. 
(6) GEOLOGICALLY SEQUESTERED.—The term 
‘‘geologically sequestered’’ means the isolation of 
greenhouse gases, without reversal, in geological for-
mations, as determined by the Administrator. 
(7) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ means any of— 
(A) carbon dioxide; 
(B) methane; 
(C) nitrous oxide; 
(D) sulfur hexafluoride; 
(E) a hydrofluorocarbon; 
(F) a perfluorocarbon; or 
(G) any other anthropogenic gas des-
ignated by the Administrator as a greenhouse 
gas under section 5. 
(8) GREENHOUSE
GAS
EMISSION.—The term 
‘‘greenhouse gas emission’’ means an emission of a 
greenhouse gas, including— 
(A) stationary combustion source emissions 
emitted as a result of combustion of fuels in 
stationary equipment, such as boilers, furnaces, 
burners, turbines, heaters, incinerators, engines, 
flares, and other similar sources; 
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(B) process emissions consisting of emis-
sions from chemical or physical processes other 
than combustion; 
(C) fugitive emissions consisting of inten-
tional and unintentional emissions from equip-
ment leaks, such as joints, seals, packing, and 
gaskets, or from piles, pits, cooling towers, and 
other similar sources; and 
(D) biogenic emissions resulting from bio-
logical processes, such as anaerobic decomposi-
tion, nitrification, and denitrification. 
(9) INDUSTRIAL FACILITY.—The term ‘‘indus-
trial facility’’ means— 
(A) any facility in the manufacturing sec-
tor (as defined in North American Industrial 
Classification System codes 31, 32, and 33); 
(B) any natural gas processing plant; and 
(C) any other facility that produces petro-
leum-based or coal-based liquid fuel. 
(10) LOCAL
DISTRIBUTION
COMPANY.—The 
term ‘‘local distribution company’’ has the meaning 
given that term in section 2(17) of the Natural Gas 
Policy Act of 1978 (15 U.S.C. 3301(17)). 
(11) REVERSAL.—The term ‘‘reversal’’ means 
an intentional or unintentional release to the atmos-
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phere of a significant quantity, as determined by the 
Administrator, of greenhouse gas that was seques-
tered. 
(12) SEQUESTERED.—The term ‘‘sequestered’’ 
means the separation, isolation, or removal of green-
house gases from the atmosphere, as determined by 
the Administrator. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to establish a Federal greenhouse gas reg-
istry that— 
(A) is national in scope; 
(B) is complete, consistent, and trans-
parent; and 
(C) will collect reliable and accurate data 
that can be used by public and private entities 
to design and implement efficient and effective 
energy security initiatives and greenhouse gas 
emission reduction strategies, including a man-
datory, multisector emissions trading scheme or 
emissions reduction program; and 
(2) to provide the Administrator better direc-
tion and clarity than has been provided in previous 
laws with respect to the United States need for 
greenhouse gas emission information. 
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SEC. 4. DETERMINATION OF CARBON DIOXIDE EQUIVA-
LENT VALUE OF GREENHOUSE GASES. 
(a) INITIAL DETERMINATION.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator shall— 
(1) determine the quantity of each greenhouse 
gas that makes the same contribution to global 
warming as 1 metric ton of carbon dioxide; and 
(2) publish such determination in the Federal 
Register. 
(b) METHODOLOGY.—In determining the quantity of 
a gas that makes the same contribution to global warming 
as 1 metric ton of carbon dioxide under this section or 
section 5, the Administrator shall take into account publi-
cations by the Intergovernmental Panel on Climate 
Change or a successor organization under the United Na-
tions. 
SEC. 5. DESIGNATION OF GREENHOUSE GASES. 
The Administrator shall— 
(1) designate as a greenhouse gas, for purposes 
of this Act, any directly emitted anthropogenic gas 
that is included in the Inventory of United States 
Greenhouse Gases and Sinks, 1 metric ton of which 
makes the same or greater contribution to global 
warming as 1 metric ton of carbon dioxide, as deter-
mined by the Administrator; and 
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(2) publish, and update as necessary, in the 
Federal Register such designation, including the 
quantity of the gas that the Administrator deter-
mines makes the same contribution to global warm-
ing as 1 metric ton of carbon dioxide. 
SEC. 6. REPORTING OF GREENHOUSE GASES. 
Not later than July 1, 2011, and annually thereafter, 
each covered entity shall report to the Administrator the 
greenhouse gas emissions of the covered entity for the 
prior calendar year, in accordance with the regulations 
issued under section 7. 
SEC. 7. REGULATIONS. 
(a) IN GENERAL.—Not later than July 1, 2009, the 
Administrator shall issue regulations establishing a Fed-
eral greenhouse gas registry that achieves the purposes de-
scribed in section 3. Such regulations shall— 
(1) ensure the completeness, consistency, trans-
parency, accuracy, precision, and reliability of data 
submitted by covered entities on— 
(A) greenhouse gas emissions in the 
United States; and 
(B) the production and manufacture in the 
United States, and importation into the United 
States, of fuels and other products the uses of 
which result in greenhouse gas emissions; 
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(2) take into account the best practices from 
the most recent Federal, State, tribal, and inter-
national protocols for the measurement, accounting, 
reporting, and verification of greenhouse gas emis-
sions, including protocols from the Climate Registry 
and other mandatory State or multistate authorized 
programs; 
(3) take into account the latest scientific re-
search; 
(4) require that, wherever feasible, submitted 
data are monitored using monitoring systems for 
fuel use, fuel flow, or emissions, such as continuous 
emission monitoring systems or systems of equiva-
lent precision, reliability, accessibility, and timeli-
ness; 
(5) require that, if a covered entity is already 
using a continuous emission monitoring system to 
monitor mass greenhouse gas emissions under a pro-
vision of law in effect as of the date of enactment 
of this Act that is consistent with this Act, that sys-
tem be used to monitor submitted data; 
(6) require reporting at least annually, begin-
ning with reporting on the emission of greenhouse 
gases during calendar year 2010; 
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(7) include methods for minimizing double re-
porting and avoiding irreconcilable double reporting 
of greenhouse gas emissions; 
(8) include protocols to prevent covered entities 
from avoiding reporting requirements; 
(9) include strict protocols for verification of 
submitted data; 
(10) establish a means for electronic reporting; 
(11) ensure verification and auditing of sub-
mitted data; 
(12) establish consistent policies for calculating 
carbon content and greenhouse gas emissions for 
each type of fossil fuel reported; 
(13) provide for immediate public dissemination 
on the Internet of all verified data reported under 
this Act that are not— 
(A) vital to the national security of the 
United States, as determined by the President; 
or 
(B) confidential business information that 
cannot be derived from information that is oth-
erwise publically available and that would cause 
significant calculable competitive harm if pub-
lished (except that information relating to 
greenhouse gas emissions shall not be consid-
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ered to be confidential business information); 
and 
(14) prescribe methods by which the Adminis-
trator shall, in cases in which satisfactory data are 
not submitted to the Administrator for any period of 
time— 
(A) replace the missing data with a best 
estimate of emission levels that may have oc-
curred during the period for which data are 
missing, in order to ensure that emissions are 
not underreported or overreported and to create 
a strong incentive for meeting data monitoring 
and reporting requirements; and 
(B) take appropriate enforcement action. 
(b) INFORMATION GATHERING AUTHORITIES.—For 
purposes of carrying out this Act and the regulations 
under this section, the Administrator shall have the same 
authority as the Administrator has under section 114 of 
the Clean Air Act. 
SEC. 8. INTERRELATIONSHIP WITH OTHER SYSTEMS. 
(a) IN GENERAL.—The regulations issued under sec-
tion 7 shall take into account the work done by the Cli-
mate Registry and other mandatory State or multistate 
authorized programs, and shall explain the major dif-
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ferences in approach between the system established under 
the regulations and the respective registries or programs. 
(b) NO PREEMPTION.—Nothing in this Act preempts 
any State or regional greenhouse gas registry efforts. 
SEC. 9. ENFORCEMENT. 
(a) CIVIL ACTIONS.—The Administrator may bring 
a civil action in a United States district court against any 
entity that fails to comply with any requirement promul-
gated pursuant to section 7. 
(b) PENALTY.—Any person that has violated or is 
violating regulations promulgated pursuant to section 7 
shall be subject to a civil penalty of not more than $25,000 
per day for each violation. 
(c) PENALTY ADJUSTMENT.—For each fiscal year 
after the fiscal year in which this Act is enacted, the Ad-
ministrator shall, by regulation, adjust the penalty speci-
fied in subsection (b) to reflect changes for the 12-month 
period ending the preceding November 30 in the Con-
sumer Price Index for All Urban Consumers published by 
the Bureau of Labor Statistics of the Department of 
Labor. 
SEC. 10. EFFECT ON OTHER PROVISIONS. 
Nothing in this Act, or regulations issued pursuant 
to this Act, shall affect or be construed to affect the regu-
latory status of carbon dioxide or any other greenhouse 
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gas, or to expand or limit regulatory authority regarding 
carbon dioxide or any other greenhouse gas, for purposes 
of the Clean Air Act. The previous sentence shall not af-
fect implementation and enforcement of this Act. 
Æ 
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