Sec. 3. Compliance with the Clean Air Act
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Not later than 1 year after the date of enactment of this Act, the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) ), issue a notice of proposed rulemaking to revise part 98 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— to require qualifying crypto-asset mining operations to report as covered facilities under subpart A of that part; to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category; to include in the new subpart created under subparagraph
(B)appropriate calculation methodologies, reporting guidelines, and monitoring operations of, with respect to qualifying crypto-asset mining operations, scope 1 emissions and scope 2 emissions; and to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph
(B)as a source category that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements under section 98.2 of that title, regardless of whether a qualifying crypto-asset mining operation emits at least 25,000 metric tons of carbon dioxide-equivalent. 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. 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 conducting 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. 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. Nothing in this section limits the ability of the Administrator to require the reporting of emissions of any type in another source category.
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