Sec. 30114. Environmental Protection Agency methane fee
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/bill/117/hr/5376/rh/section-30114·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $75,000,000, to remain available until expended (except that no funds shall be disbursed after September 30, 2024), to carry out section 136 of the Clean Air Act, as added by this section. Part A of title I of the Clean Air Act ( 42 U.S.C. 7401 et seq. ), as amended, is further amended by adding at the end the following:
The Administrator shall impose and collect a fee from the owner or operator of each applicable facility that is required to report methane emissions pursuant to subpart W of part 98 of title 40, Code of Federal Regulations (or any successor regulations). For purposes of this section, the term applicable facility means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations (or any successor regulations): Offshore petroleum and natural gas production.
Onshore petroleum and natural gas production. Natural gas processing, Natural gas transmission and compression. Underground natural gas storage. Liquefied natural gas storage. Liquefied natural gas import and export equipment. Onshore petroleum and natural gas gathering and boosting. Onshore natural gas transmission pipeline The amount of a fee imposed and collected under subsection
(a)for an applicable facility shall be equal to the product obtained by multiplying— subject to subsection (d), the number of tons of methane reported for the applicable facility pursuant to subpart W of part 98 of title 40, Code of Federal Regulations (or any successor regulations), during the previous reporting period; and $1500. With respect to imposing and collecting the fee under subsection
(a)for an applicable facility in an industry segment listed in paragraph
(1)or
(2)of subsection (b), the Administrator shall impose and collect the fee on the reported tons of methane emissions that exceed 0.20 percent of the natural gas sent to sale from such facility. With respect to imposing and collecting the fee under subsection
(a)for an applicable facility in an industry segment listed in paragraph (3), (5), (6), (7), or
(8)of subsection (b), the Administrator shall impose and collect the fee on the reported tons of methane emissions that exceed 0.05 percent of the natural gas sent to sale from such facility. With respect to imposing and collecting the fee under subsection
(a)for an applicable facility in an industry segment listed in paragraph
(4)or
(9)of subsection (b), the Administrator shall impose and collect the fee on the reported tons of methane emissions that exceed 0.11 percent of the natural gas sent to sale from such facility. The fee under subsection
(a)shall be imposed and collected beginning with respect to emissions reported for calendar year 2023 and for each year thereafter. In addition to other authorities in this Act addressing air pollution from the oil and natural gas sectors, the Administrator may issue guidance or regulations as necessary to carry out this section. Not later than 2 years after the date of enactment of this section, and as necessary thereafter, the Administrator shall revise the requirements of subpart W of part 98 of title 40, Code of Federal Regulations— to reduce the facility emissions threshold for reporting under such subpart and for paying the fee imposed under this section to 10,000 metric tons of carbon dioxide equivalent of greenhouse gases emitted per year; and to ensure the reporting under such subpart, and calculation of fees under subsection
(c)of this section, are based on empirical data and accurately reflect the total methane emissions from the applicable facilities. A facility owner or operator’s liability for payment of the fee under subsection
(a)is not affected in any way by emission standards, permit fees, penalties, or other requirements under this Act or any other legal authorities. For each applicable fiscal year, the Secretary of the Treasury shall, without further appropriation, transfer to the Administrator an amount equal to 75 percent of the amounts received during the preceding fiscal year as a result of the methane fee in subsection (a). The Administrator shall, without further appropriation, use the amounts transferred under paragraph
(1)(except that no funds shall be disbursed after September 30, 2028)— to cover all direct and indirect costs required to develop and administer this section, including the costs of— implementing the fee; continuous emissions and ambient methane and other greenhouse gas monitoring; preparing generally applicable regulations, or guidance; modeling, analyses, and demonstrations; and preparing inventories, gathering empirical data, and tracking emissions; for grants, rebates, contracts and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to owners and operators of applicable facilities preparing and submitting greenhouse gas reports under subpart W of part 98 of title 40, Code of Federal Regulations (or successor regulations); for grants, rebates, contracts, and other activities of the Environmental Protection Agency authorized under section 103 for methane emissions monitoring; and for grants, rebates, contracts, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to reduce methane and other greenhouse gas emissions from petroleum and natural gas systems, mitigate legacy air pollution from petroleum and natural gas systems, and provide support for communities, including funding for— improving climate resiliency of communities and petroleum and natural gas systems; improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions; supporting innovation in reducing methane and other greenhouse gas emissions from petroleum and natural gas systems; mitigating health effects of methane and other greenhouse gas emissions, and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities; and supporting environmental restoration. .
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Sec. 30114
Environmental Protection Agency methane fee
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