I 
117TH CONGRESS 
2D SESSION 
H. R. 9457 
To require an interagency study on the environmental and energy impacts 
of crypto-asset mining, to assess crypto-asset mining compliance with 
the Clean Air Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2022 
Mr. HUFFMAN (for himself and Ms. BONAMICI) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require an interagency study on the environmental and 
energy impacts of crypto-asset mining, to assess crypto- 
asset mining compliance with the Clean Air Act, 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 ‘‘Crypto-Asset Environ-
mental Transparency Act of 2022’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) human activity is the dominant cause of ob-
served climate change in the past century; 
(2) climate change is increasing the frequency 
and intensity of wildfires, droughts, severe storms, 
heat waves, rising of sea levels, and severe weather 
events; 
(3) the Federal Government has— 
(A) committed under the decision of the 
21st Conference of Parties of the United Na-
tions 
Framework 
Convention 
on 
Climate 
Change, adopted in Paris, France, December 
12, 2015 (commonly referred to as the ‘‘Paris 
Agreement’’), to reduce greenhouse gas emis-
sions by 50 to 52 percent by 2030; and 
(B) a responsibility to mitigate current and 
future impacts of climate change to protect the 
health, safety, and welfare of individuals of the 
United States; 
(4) crypto-asset mining operations— 
(A) can be energy intensive; and 
(B) unlike most other technologies, are 
often designed to generally increase computing 
requirements over time, which can lead to in-
creased energy consumption; 
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(5) a crypto-asset network, Bitcoin, consumes 
more energy annually than countries such as Chile 
or Bangladesh consume; 
(6) crypto-asset mining operations often rely on 
fossil fuels for power, which contributes to green-
house gas emissions; 
(7) the carbon dioxide emissions of the United 
States from Bitcoin mining were estimated at 21 to 
35 megatons per year in 2022, which is equivalent 
to the annual emissions from more than 4,500,000 
to 7,500,000 gasoline-powered cars driven for 1 
year; 
(8) crypto-asset mining can also cause local 
noise and water pollution; 
(9) the number of crypto-asset mining facilities 
in the United States is increasing, and the share of 
the United States of global Bitcoin mining rose from 
3.5 percent in 2020 to 38 percent in 2022; 
(10) crypto-asset mining is an emergent indus-
try, and the potential of crypto-asset mining to exac-
erbate systemic racial, social, environmental, and 
economic injustices is not sufficiently understood; 
(11) there is no comprehensive, independent 
study of crypto-asset mining operations in the 
United States, including the energy use, resource 
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mix, and greenhouse gas emissions of those crypto- 
asset mining operations; and 
(12) one of the primary recommendations of the 
report of the Office of Science and Technology Pol-
icy entitled ‘‘Climate and Energy Implications of 
Crypto-Assets in the United States’’ and dated Sep-
tember 2022 was to obtain detailed data on energy 
use and emissions from crypto-asset activity. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AIR POLLUTANT.—The term ‘‘air pollutant’’ 
has the meaning given the term in section 302 of the 
Clean Air Act (42 U.S.C. 7602). 
(3) BLOCK.—The term ‘‘block’’ means a group 
of data stored as a single record in a blockchain. 
(4) 
BLOCKCHAIN.—The 
term 
‘‘blockchain’’ 
means a distributed ledger technology in which— 
(A) the data are shared across a network 
that creates a digital ledger of verified trans-
actions or information among network partici-
pants; and 
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(B) the data are typically linked using 
cryptography to maintain the integrity of the 
ledger and execute other functions, including 
transfer of ownership or value. 
(5) CONSENSUS MECHANISM.—The term ‘‘con-
sensus mechanism’’ means a process to achieve 
agreement among network participants on the cur-
rent state of a blockchain. 
(6) CRYPTO-ASSET.—The term ‘‘crypto-asset’’ 
means a digital asset, which may be a medium of ex-
change, a representation of value, or both, for which 
generation or ownership records of the digital asset 
are recorded in a distributed ledger technology that 
relies on cryptography. 
(7) CRYPTO-ASSET MINING.—The term ‘‘crypto- 
asset mining’’ means the process of performing com-
putations to add a valid block of data to the 
blockchain, typically in exchange for a reward or fee. 
(8) POWER
LOAD.—The term ‘‘power load’’ 
means the amount of electrical power, in megawatts, 
that can be consumed by a qualifying crypto-asset 
mining operation. 
(9) QUALIFYING CRYPTO-ASSET MINING OPER-
ATION.—The term ‘‘qualifying crypto-asset mining 
operation’’ means— 
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(A) an individual crypto-asset mining facil-
ity that has a power load that is greater than 
or equal to 5 megawatts; or 
(B) multiple crypto-asset mining facilities 
that— 
(i) are owned by the same company; 
and 
(ii)(I) each have a power load that is 
less than 5 megawatts; but 
(II) have a cumulative power load 
that is greater than or equal to 5 
megawatts. 
(10) SCOPE 1 EMISSIONS.—The term ‘‘scope 1 
emissions’’ means greenhouse gas emissions directly 
from sources that are operated, controlled, or owned 
by an individual or entity performing a qualifying 
crypto-asset mining operation. 
(11) SCOPE 2 EMISSIONS.—The term ‘‘scope 2 
emissions’’ means indirect greenhouse gas emissions 
associated with the purchase of electricity, steam, 
heat, or cooling by an individual or entity per-
forming a qualifying crypto-asset mining operation. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
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SEC. 4. COMPLIANCE WITH THE CLEAN AIR ACT. 
(a) RULEMAKING REQUIRED.— 
(1) PROPOSED REGULATION.—Not later than 1 
year after the date of enactment of this Act, the Ad-
ministrator shall issue a notice of proposed rule-
making to revise part 98 of title 40, Code of Federal 
Regulations (as in effect on the date of enactment 
of this Act)— 
(A) to require qualifying crypto-asset min-
ing operations to report as covered facilities 
under subpart A of that part; 
(B) to add a new subpart to that part that 
includes qualifying crypto-asset mining oper-
ations as a source category; 
(C) to include in the new subpart created 
under subparagraph (B) appropriate calculation 
methodologies, reporting guidelines, and moni-
toring operations of, with respect to qualifying 
crypto-asset mining operations, scope 1 emis-
sions and scope 2 emissions; and 
(D) to designate the qualifying crypto- 
asset mining operations source category estab-
lished pursuant to subparagraph (B) as a 
source category that is subject to greenhouse 
gas reporting requirements and related moni-
toring, recordkeeping, and reporting require-
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ments under section 98.2 of that title, regard-
less of whether a qualifying crypto-asset mining 
operation emits at least 25,000 metric tons of 
carbon dioxide-equivalent. 
(2) FINAL
RULE.—Not later than 180 days 
after the date on which the public comment period 
on the proposed rule under paragraph (1) closes, the 
Administrator shall issue a final rule revising part 
98 of title 40, Code of Federal Regulations. 
(b) ASSESSMENT.—Not later than 1 year after the 
date on which the Administrator finalizes the rule required 
under subsection (a), the Administrator shall, pursuant to 
section 114(a) of the Clean Air Act (42 U.S.C. 7414(a)), 
issue requests for information for the purpose of con-
ducting an assessment of, with respect to qualifying 
crypto-asset mining operations, the permit programs 
under the Clean Air Act (42 U.S.C. 7401 et seq.), which 
shall include identifying the extent to which any qualifying 
crypto-asset mining operations are improperly operating 
without a valid and current permit under that Act. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to 
carry out this section $5,000,000 for fiscal year 2023, to 
remain available until expended. 
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(d) SAVINGS PROVISION.—Nothing in this section 
limits the ability of the Administrator to require the re-
porting of emissions of any type in another source cat-
egory. 
SEC. 5. IMPACT STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator, in con-
sultation with the Secretary, the Administrator of the En-
ergy Information Administration, the Federal Energy 
Regulatory Commission, and the head of any other Fed-
eral agency the Administrator or the Secretary determines 
appropriate, shall conduct a study on the environmental 
impacts of crypto-asset mining in the United States. 
(b) STUDY REQUIREMENTS.—The study required 
under subsection (a) shall include— 
(1) the number and location of any existing or 
planned qualifying crypto-asset mining operation; 
(2) the amount of greenhouse gas emissions 
and other air pollutants that are— 
(A) released by an onsite energy source; 
and 
(B) attributable to offsite-generated elec-
tricity, steam, heat, or cooling provided to a 
qualifying crypto-asset mining operation; 
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(3) the anticipated increase of new, and expan-
sion of existing, qualifying crypto-asset mining oper-
ations; 
(4) the potential impacts of electric energy con-
sumption by qualifying crypto-asset mining oper-
ations, including by prolonging the use of fossil fuel 
generators, on the ability of the United States to 
achieve the greenhouse gas emission reductions nec-
essary to keep global warming below 1.5 degrees 
Celsius compared to pre-industrial levels; 
(5) the ecological impacts, including ecological 
impacts associated with electronic waste generation 
and the use or discharge of cooling water, caused by 
qualifying crypto-asset mining operations; 
(6) the potential public health impacts due to 
the reduced air and water quality and increased 
water stress on communities near qualifying crypto- 
asset mining operations; 
(7) the potential public health impacts from 
greenhouse gas emissions released by qualifying 
crypto-asset mining operations; 
(8) the potential public health and ecological 
impacts from noise generated by qualifying crypto- 
asset mining operations; 
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(9) the amount of electric energy consumed by 
each qualifying crypto-asset mining operation, in-
cluding the time of use of electricity and the poten-
tial grid stress posed by the power load of the quali-
fying crypto-asset mining operation; 
(10) the source of electric energy consumed by 
each qualifying crypto-asset mining operation; 
(11) the aggregated energy-use statistics and 
greenhouse gas emissions statistics for qualifying 
crypto-asset mining operations in the United States; 
(12) an analysis of energy use and greenhouse 
gas emissions by type of consensus mechanism; 
(13) an analysis of demand-response programs 
negotiated between qualifying crypto-asset mining 
operations and electric utilities; 
(14) an analysis of potential rate-design meas-
ures that could be implemented by State and local 
regulators to reduce the energy consumption and de-
pendence on fossil fuel energy sources of crypto- 
asset mining operations; 
(15) a geospatial assessment of the extent to 
which crypto-asset mining operations are located 
within environmental justice communities, as defined 
by the Administrator or within the Climate and Eco-
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nomic Justice Screening Tool of the Council on En-
vironmental Quality; and 
(16) an identification of, and recommendations 
for, best practices for data types, data sources, and 
methodologies for accurately measuring, modeling, 
and tracking the environmental impacts of crypto- 
asset mining operations in the United States in the 
future. 
(c) PUBLIC COMMENT.—Before conducting the study 
required by subsection (a), the Administrator shall provide 
an opportunity for public comment and advice relevant to 
conducting the study. 
(d) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Ad-
ministrator shall submit to the Committees on Energy and 
Commerce and Science, Space, and Technology of the 
House of Representatives and the Committees on Environ-
ment and Public Works and Energy and Natural Re-
sources of the Senate, and publish on the public websites 
of the Environmental Protection Agency and the Depart-
ment of Energy, a report that contains the results of the 
study required by subsection (a). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to 
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