Sec. 522. Embodied emissions transparency
1,253 words·~6 min read·
/bill/117/hr/1512/ih/section-522·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the enactment of this subtitle, the Administrator, in consultation with the Secretary of Energy, the Director of the National Institute of Standards and Technology, and relevant National Laboratories, shall establish a program to enhance the transparency, quality, and availability of life-cycle assessment data, and harmonize life-cycle assessment approaches to calculating greenhouse gas emissions and other environmental factors, in the production of products made primarily of eligible materials through environmental product declarations or a similar mechanism as determined appropriate by the Administrator.
The Administrator shall maintain a list of materials to be treated as eligible materials for purposes of this subtitle. The initial list of eligible materials shall include— aluminum; iron; steel; concrete; cement; and any eligible material described in paragraph
(3)the Administrator determines is appropriate. The secondary list of eligible materials shall include— flat glass; insulation; unit masonry; and wood products. Beginning 2 years after the date of enactment of this subtitle, any person may submit to the Administrator a petition to modify the list of eligible materials maintained under this subsection. Not later than 1 year after receipt of a petition under subparagraph (A), the Administrator shall— approve the petition and modify the list maintained under this subsection in accordance with such petition; or deny the petition and publish a written explanation of the Administrator’s decision to approve or deny the petition. The Administrator shall, in consultation with the Secretary of Energy, the Director of the National Institute of Standards and Technology, and relevant National Laboratories, designate product category rules for products made primarily of eligible materials to be used in the creation of environmental product declarations, or a similar mechanism as determined appropriate by the Administrator, for each product type covered by such product category rules. In designating such product category rules, the Administrator may designate separate product category rules as appropriate based on class, type, and size of products. Not later than 6 months after the date of enactment of this subtitle, the Administrator shall designate product category rules for products made primarily of eligible materials listed in subsection (b)(2) and used in construction. Not later than 1 year after the date of enactment of this subtitle, the Administrator shall designate product category rules for products made primarily of eligible materials listed in subsection (b)(3) and used in construction. In designating a product category rule for products made primarily of an eligible material, the Administrator shall consider— the uses, durability, lifetime, performance, and appropriate functional unit of a product covered by such product category rule; the stages of manufacturing required by a product covered by such product category rule; the inclusion of imported products covered by such product category rule; and the quality and harmonization of life-cycle assessments of embodied emissions and other environmental factors, in the production of products covered by such product category rule. In designating a product category rule under this subsection, the Administrator— may designate a product category rule developed by a third party; or may develop and designate a product category rule if the Administrator determines that for the products made primarily of an eligible material— no such third party rule exists; or no such rule third party rule exists that is adequate. At least once every 5 years after a product category rule is designated under this subsection, the Administrator shall review such product category rule, and after opportunity for notice and comment, update such product category rule as necessary. Beginning 1 year after the designation of a product category rule under this subsection, any person may submit to the Administrator a petition to reconsider such designation based on— advances in technology that create substantial changes to the production of products within a product category; or a misrepresentation or change of a product’s characteristics, methods of production, or use. Beginning not later than 9 months after the date of enactment of this subtitle, the Administrator shall establish and maintain a publicly accessible database of environmental product declarations to be known as the National Environmental Product Declaration Database. The Administrator shall include an environmental product declaration, including an environmental product declaration for an imported product, in the National Environmental Product Declaration Database only if the declaration is created using the appropriate product category rule designated under subsection (c). The Administrator shall immediately remove an environmental product declaration, including an environmental product declaration for an imported product, from the National Environmental Product Declaration Database if the declaration does not use the appropriate product category rule designated under subsection (c), is unverified by a third party, or is otherwise found to be inadequate, as determined by the Administrator. The Administrator shall establish a program to provide technical assistance to manufacturers of eligible materials to develop and verify environmental product declarations. Not later than 9 months after the date of enactment of this subtitle, the Administrator shall establish a grant program to provide financial assistance for the development and verification of environmental product declarations subject to the appropriate product category rules designated in subsection
(c)for small businesses that manufacture eligible materials or products primarily made of eligible materials in the United States. No small business shall receive more than $100,000 under such program during any 5-year period. Any small business receiving financial assistance under this paragraph shall submit any environmental product declaration developed and verified with such financial assistance to the National Environmental Product Declaration Database established under subsection (d). The Administrator shall conduct public outreach and education to manufacturers about the National Environmental Product Declaration Database established under subsection
(d)and encourage submission of environmental product declarations created using the appropriate product category rule designated in subsection (c), to such database. There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2031. The Administrator shall conduct random audits of environmental product declarations submitted to the National Environmental Product Declaration Database established under subsection (d), and the practices of independent third-party verifiers of such environmental product declarations. At a minimum, the Administrator shall conduct audits each year for a representative sample of product categories and geographical areas, including environmental product declarations of imported products. In carrying out the program established in this section, the Administrator shall consult and coordinate with relevant programs within the Department of Energy, Department of Commerce, and other relevant agencies as determined by the Administrator. Not later than 5 years after the date of enactment of this subtitle, the Administrator, in consultation with other relevant agencies as determined by the Administrator, shall conduct a review of the program established under this section. Such review— shall— include an assessment of the quality and efficacy of environmental product declarations to account for the embodied emissions of a product, and consider alternative mechanisms or accounting methods that would enhance the transparency, quality, and availability of life-cycle assessment data, and improve harmonization of life-cycle assessment approaches to calculating greenhouse gas and other environmental factors, in the production of products containing eligible materials; and provide an opportunity for public comment on the review’s findings; and may— include recommendations to enhance or harmonize accounting and reporting methods related to international life-cycle assessment standards of products containing eligible materials, including data verification and identification of products’ country of origin for products produced outside of the United States; and include recommendations to improve the evaluation of environmental factors, including air, water, and land pollution, and other factors related to raw material extraction, transportation, manufacturing, use, and end of life, associated with products containing eligible materials.