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LIEBERMAN-WARNER BILL, BOXER AMENDMENT (S.

3036)
REGULATIONS & MANDATES
EPA shall
EPA shall ensure
establish performance
goals, performance Treasury that the program is
indicators, provide a basis shall establish the aligned with broader
for recommendations for “International Climate development, poverty
adjustments & include in its
Change Adaptation & EPA shall EPA shall alleviation or natural
EPA shall report to Congress the
EPA shall
EPA shall deposit proceeds submit annuals resource objectives in
allocate to the evaluation of the National Security review the global
implement a system reports to the President needs & opportunities, recipient country.
Capacity Building programs. Fund.” EPA shall of auction into the EPA shall
to monitor the & Congress on the review the progress of EPA shall
Program 1% of submit to the fund. oversee the
effectiveness of assistance EPA shall promulgate international adaptation among submit a report to
emission allowances. Rules shall President & Congress a program. expenditures of Nothing
to maximize the long- rules to implement this EPA shall developing countries & review Each Congress analyzing
ensure offset allowances report on this Act’s regula- the program. best practices for EPA shall Treasury EPA shall precludes any state EPA shall
term sustainable Title. establish & distribute provision & any the success of the
are not issued for tion of greenhouse gas adapting to climate Act mandates deposit proceeds shall establish the deposit proceeds to adopt or enforce allocate at no charge EPA
development
impact.
sequestration or emission
an international flight credit
to entities EPA determines emitted through use of change. that all funds shall upon receipt into
regulation issued shall
“Climate Security Act into the fund. SUBTITLE B SUBTITLE D any standard or any not less than 10% of
EPA shall use EPA shall President Administrator shall Task force pilot program.
reductions that will be used EPA shall be fully enforceable requirement relating allowances auction include with each
shall establish an act as Chairman of shall make consensus
purchased U.S. fuel for an natural gas in EPA shall be made available to LZCETF. Administrative Fund.” Paramount Interest the allowances & not
Agencies shall for compliance to limit international flight whose the U.S. establish & administer auction emission
pursuant to the Clean State Authority to emissions of EPA shall proceeds to encourage HFC submission of recommenda-
Interagency Climate the task force. report public.
EPA shall GHG emissions in greenhouse-gas emissions EPA shall adjust for EPA shall determine the a program for issuing
the Climate Change
Air Act. Waiver auctioned to a class of establish & distribute alternative research, recovery tions an explanation for each
promulgate rules to allowances in Technology Board. greenhouse gas. & destruction of HFCs, transition significant inconsistency Change Task Force.
another country. were regulated by another inflation the penalty for size of each grant for grants to entities to entities manufacturing allowances on a
establish an reduce emissions All funds away from HFC products & between recommendations & EPA shall
International Climate through reducing
nation’s laws.
violating GHG. each product-type. purchase advanced
percentages described
in the Act to raise cash
SUBTITLE A deposited shall be
HFCs. discounted basis to promotion of efficient reviews submitted establish an advisory
EPA shall establish & medium- & heavy-duty EPA shall entities for their
Change Adaptation & deforestation in other Act establishes Climate Security made available for
manufactured products. by NAS.
committee to advise
National Security countries.
EPA & State
shall keep list of
distribute export credits. EPA shall promulgate hybrid commercial for Advanced
Research.
auction emission
in Treasury a “Low EPA shall
Act Administrative funding. SUBTITLE F EPA shall destruction of CFCs
EPA on implementation EPA shall
Program within the rules establishing a vehicles. allowances in auction .75% of Retail Carbon allocate at no charge or HFCs. establish a pilot
& Zero Carbon Fund
agency.
countries with capacity for
international forest carbon EPA shall Federal Greenhouse- percentages described SUBTITLE A Emission Technology the quantity of
Offsets to entities that manufact-
of Executive Order
12898. President
Task force shall
submit to the President program for distributing
activities, cap GHG emissions establish & distribute Gas Registry. in the Act to raise cash Low- & Zero-Carbon emission allowances ure or import HFCs not EPA shall to rural electric
Fund” (LZCETF). EPA shall shall submit to a consensus report
for the LZCETF. for the fund. establish a program
EPA & State
shall identify countries
& establish national
baseline for forest
a sequestration credit to
any entity in the U.S. that
SUBTITLE B EPA shall establish & SUBTITLE B Electricity From 2031 EPA shall
establish new
less than 80% of the
allowances established requiring reductions in submit to Congress the text of making recommendations, cooperatives.
Early Clean Technology through 2050, EPA Congress legislative proposed legislation including legislation
EPA shall achieving national-level sector. EPA shall EPA determines captured administer the “SEAD Advanced shall auction 1% of the SUBTITLE H qualifying levels & & not auctioned. HFC by entities that to submit to
TITLE XV
Any person based upon the report. EPA shall
TITLE XVII
auction a quantity reductions of deforestation & establish & distribute a Technology manufacture or import recommendations
and geologically Program.” Research Study on State- requirements for Energy
of the emission degradation & demonstrated non-emissive use credit to
sequestered carbon
may petition for SUBTITLE C quantity of emission
HFCs. based on the NAS Congress. establish a system
reductions using remote entities EPA determines use SUBTITLE A Development judicial review of any allowances for Miscellaneous SUBTITLE E Federal Program Star certification for Capping review. for distributing the
TITLE XVI
allowances for the dioxide. Administrative
petroleum- or coal-based retail carbon
fund. sensing technology.
product, or natural gas/liquid as
a feedstock, or used a per-
Tracking Greenhouse
Gas Emissions
TITLE IX regulation promulgated
or final action Procedure &
the fund.
Tribal Authority interaction
EPA shall offsets.
EPA shall sell
at auction 10% of
Hydroflourocarbon
Emissions Periodic Reviews and
emission allowances cited
above utilizing the
fluorocarbon in research Each sun grant Low Carbon carried out. Judicial Review contract with NAS to EPA shall If feasible, distribution numbers
the quantity of EPA shall Recommendations
SUBTITLE B or manufacturing. EPA shall EPA shall establish and center is designated as a
Electricity & study reasonably allowances established establish standards promulgate regulations EPA shall promulgate provided in
research institute of the
SUBTITLE D International determine whether the administer the Efficient
Advanced Research foreseeable economic & to achieve additional rules accordingly. the Act.
TITLE II EPA shall provide funds EPA to study the effects of for calendar regarding sale &
Partnerships to Reduce owners and operators of Buildings Program. environmental benefits & reductions from
International Partnerships to the sun grant biofuels and biomass on year 2012. distribution of HFC EPA shall
to Adapt to Climate Deforestation & Forest all covered entities are in costs of a cap-and- un-capped sources.
Capping Greenhouse centers. compliance with the EPA substitutes. submit a report to
SUBTITLE C Change & Protct Degradation Gas Emissions
full compliance with
subsection (a) for that Clean Air Act. DRAFTS:
OMB SUBTITLE G
trade program EPA shall
sell at auction 100%
Congress analyzing
for GHG. EPA shall
International
1. Semi-Annual Regulatory Agenda
National Security feasibility of distributing
TITLE I Clean Air Act
REVIEWS FOR: IF APPROVED
calendar year. EPA shall establish a 2. Annual Regulatory Agenda IF REJECTED:
President of the quantity of EPA shall move EPA shall some or all of the emission allocate emission
Partnerships to program of directed and
Back to EPA for re-drafting Consistency
shall submit to allowances established EPA shall 6 trillion emission allowances to individual allowances to owners
establish a Cost-
Deploy Clean EPA shall immediately Immediate Action applied research to assist Congress a report on for 2031-2050. offer to enter into facilities on an energy & operators of fossil
Technology retire emission SUBTITLE C drinking water suppliers in OMB EPA DRAFTS: EPA PUBLIC
60 days (generally) to submit comments to EPA any direct regulation of contract with NAS to
allowances into the Pool,
plus those allowances
Containment Auction
intensive basis. fuel-fired electricity
PUBLISHES: The Report Pool to contain emission
Research
Reviews Semi-Annual and Annual Regulatory Agendas for: Advance Notice of Proposed Rulemaking
allowances. adapting to the effects of CO2 emissions occurring submit a report. not sold at Regular Generators.
shall make recom-
TITLE XIII
1. Interagency conflict (ANPR) - optional ANPR in Federal Register
EPA shall IF REJECTED: allowances for sale.
climate change. 2. Policy consistency IF APPROVED
under the Clean Auction. EPA shall
EPA shall retire
Back to EPA for re-drafting 3. Budget impact mendations to ensure
EPA shall submit to Congress a Act establishes establish a system
International PUBLISHES: EPA efficiency & certainty in the Air Act.
each international establish & distribute a EPA shall conduct a report describing the Agenda and Plan in Federal Register INCORPORATES AND/OR RESPONDS TO:
Federal government’s in Treasury the for distributing the
reserve allowance, foreign Partnerships to destruction credit to any study on black carbon results of the study on Public comments to ANPR
regulation of “Climate Change EPA & EIA shall emission allowances cited
allowance & international EPA shall EPA shall EPA shall
Reduce Emissions entity in the U.S. that EPA emissions. black carbon EPA Consumer Assistance promulgate protocols, above utilizing the
EPA shall distribute all OMB CO2 emissions. EPA shall auction off emissions
offset submitted to EPA shall assign each determines destroyed emissions. deposit proceeds computer models, &
achieve compliance.
& Adapt exclude from emission allowances
PUBLISHES:
Draft Notice of Proposed Rulemaking (NPRM) DETERMINES:
allocate emission Fund” (CCCAF).
upon receipt in allowances at a Cost-
distribution numbers
emission allowance a greenhouse gas in that emission compliance If NPRM is “significant” under E.O. 12866 assumptions to be used by in the Act.
calendar year.
to under EAP. in Federal Register
allowances to conduct EPA shall the CCCAF. Containment Auction President in calculating the
unique identification petroleum based liquid fuel the Efficient allocate to the at a price set by the Cost-Containment Price
number. imported from a NAFTA EPA shall EPA shall
EPA shall EPA shall Manufacturing Climate Change President. for the auctions.
EPA CONDUCTS INTERNAL ANALYSES
promulgate rules
country that has enacted establish quantities EPA shall
SUBTITLE A allocate to EAP allocate emission
SUBTITLE C
Technology Board

REGULATORY PROCESS
EPA shall establishing an Early Program.
GHG emission of emission allowances Action Program (EAP) for emission allowances in allowances to conduct emission allowances for allocate emission
auction .5% of Promoting Fairness EPA shall

REGULATORY PROCESS
reductions. for calendar years 2012 distributing emission accordance with 1. E.O. 12866: EPA the Super-Efficient Efficient the purpose of conducting allowances to owners &
emissions allowance the Efficient Building auction emission
for the fund.
While Reducing through 2050. allowances to entities with
percentages set forth Does NPRM have a $100 million impact annually, or have other “significant” impacts? IF YES: OMB CIRCULAR A-4:
Equipment & Appliances Manufacturing EPA shall operators of carbon-
EPA shall verified GHG emission Prepare economic impact analysis 1. Is the proposed action necessary? Program. allowances in the
Emissions determine whether reductions prior in the Act. (cost-benefit analysis) 2. Evaluate alternatives to the proposed rule.
3. Conduct cost-benefit analysis of the proposed action (both quantitative and qualitative) AND the alternatives.
Development Program percentages described promulgate rules intensive manufacturing
EPA shall 2. UNFUNDED MANDATES REFORM ACT (UMRA):
(SEAD). under which covered facilities.
the U.S. offsets satisfy to enactment. Does the proposed rule include any federal mandate that may result in the expenditure in the Act to raise cash
issue offset allowances IF YES: entity may borrow
SUBTITLE C
by state, local and tribal, in the aggregate, or by the private sector, of $100 million or
the applicable require- OMB for the CCCAF.
for qualifying emission more in any one year? Prepare an unfunded mandates
ments & shall register & EPA shall EPA shall analysis in a “written statement.” REVIEWS & APPROVES
SUBTITLE B SUBTITLE I Emergency
emissions credits.
Treasury issue the offset specify the required
reductions & biological
sequestrations from
issue offset allowances USDA shall ensure 3. PAPERWORK REDUCTION ACT:
Information collection request package and stamps request with OMB clearance number.
SUBTITLE A Federal Program for SUBTITLE E SUBTITLE F
for offset allowances Efficient Equipment Off-Ramps
TITLE VII Transition Assistance
shall establish the allowances. components of an that the handbook is Does the proposed rule contain a “collection of information” requirement IF YES: PUBLIC EPA EPA shall
“Clean Development EPA shall offset projects.
issued under the (reporting, disclosure, record-keeping)?
OIRA & Appliances Efficient Buildings EPA shall Consumers Transition Assistance
offset verification made available through EPA shall
Prepare an information collection clearance package 60 days (generally) to submit comments to EPA Reviews comments, revises rule/ICR accordingly, promulgate regulations for Fossil Fuel-Fired
for Carbon-Intensive
for OMB review and approval, and prepare a request
Technology Deployment establish procedures Regional Greenhouse the internet & updated at promulgate rules establish- Recognizing Early Reviews for sufficiency and assembles final package addressing comments
implementing allocate emission
report. for public comment
Electricity
Fund” for administrative Gas Initiative. ing a system whereby EPA 4. E.O. 13211:
allowances utilizing the Manfacturers
least every 5 years. issues offset allowances for Action Is the rulemaking action considered a “significant energy action?” IF YES: EPA IF YES:
IMPLEMENT this section.
Generators
hearings.
EPA shall declare projects that reduce greenhouse
Prepare statement of energy effects Publishes in Federal Register with any NPRM and final rule
IF NO:
Is action covered by categorical exclusion?
Prepare C.E.
IF NO:
DECISION distribution numbers SUBTITLE A
The administrator provided in the Act.
invalid all offset allow-
shall exclude each
-gas emissions or increase 5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): 1. Identify purpose and need. Are significant impacts anticipated 1. Prepare a notice of intent and conduct scoping Banking EPA shall
sequestration of carbon 2. Formulate alternatives. from the preferred alternative? IF UNKNOWN 2. Prepare an environmental assessment.
ances issued for any offset establish a system
The administrator activity that undermines USDA shall dioxide outside 3. Evaluate environmental impacts.
EPA shall EPA shall
EPA shall
project that has undergone a
complete reversal & shall shall adjust the number the integrity of the publish a handbook
the U.S. EPA shall 6. E.O. 13045:
IF YES DETERMINE:
Are there significant impacts under EA?
IF NO:
Prepare FONSI
TITLE VIII allocate to the establish a system SUBTITLE H for distributing the
promulgate rules Is the rule a “covered regulatory action?” IF YES: EPA IF YES:
emission allowances to
of allowances awarded in offset program. that provides easy-to-use SUBTITLE D Climate Change for distributing the Transition Assistance
render invalid offset Efficiency & SUBTITLE B
IF YES:
deposit proceeds approving the use in the
Prepares an analysis of EHS impacts on children Can impacts be mitigated to
become insignificant? IF YES: owners & operators of
into the fund. EPA & the allowances issued for order to account for guidance on achieving,
Does EPA accept responsibility for
Technology Board emission allowances to for Natural-Gas
Renewable Energy Renewable Energy
SUBTITLE B U.S. of emissions petroleum-based liquid
7. E.O. 13132: implementation & monitoring of mitigation? Prepare EA/FONSI a
Commission shall the offset project. the deviation. reporting, registering, & Is the rule “discretionary” that has federalism implications and poses substantial IF YES: Does the rule preempt state law? IF YES, THEN: IF NO: committement to mitigate emission allowances in owners & operators of Procesors Borrowing
allowances issued by IF YES: manufacturing
promulgate regulations marketing offsets. Offsets & Emission
unreimbursed direct compliance costs on state and local governments? Is EPA willing to accept responsibility
the percentages set natural gas
nations other than for significant impacts? Prepare draft EIS/Final EIS & ROD
facilities.
EPA forth in the Act. processors.
TITLE V
as the EPA determines to EPA shall act USDA shall Allowances from IF NO, THEN:
the U.S. 8. E.O. 12630: Prepares federalism summary impact statement
be necessary for establish an outreach Choose a different alternative with
to avoid or minimize Other Nations Does the rule regulate private property to protect public health and safety? IF YES: EPA no significant impacts.
SUBTITLE G
All funds
international emission adverse effects on human initiative to about
Does the rulemaking have a proposed regulatory action that has takings
Prepare “takings” analysis
EPA Federal Program to
deposited shall be
reductions. health or the environment opportunities to earn implications (other than regulating private property)? IF YES: Before undertaking a proposed action regulating private property for the protection Prevent Economic Transition Assistance
TITLE III
new revenue. EPA All proceeds
made available to the resulting from the
SUBTITLE A EPA shall allow
Treasury shall REPORTS
of public health and safety, EPA shall:
1. Identify clearly the public health or safety risk. deposited into the Hardship EPA shall for Refiners of
Clean Development implementation of establish the “Deficit 9. E.O. 13175: EPA shall allocate emission Petroleum-Based
President Offsets in the Reducing Emissions use, by covered List of all takings to OMB & AG 2. Establish that proposed action will “substantially advance” the purpose of protecting public health/safety
fund shall be made
Technology Board. offset projects. Reduction Fund” Is the rule “discretionary” that has tribal implications and imposes substantial IF YES:
EPA 3. Show restrictions to private property use are not disproportionate. SUBTITLE B establish a program allowances utilizing the Fuel
shall notify each facilities in that year, of available to carry out the Treasury SUBTITLE A
unreimbursed direct compliance costs on Indian tribal governments?
United States Through Offsets & Prepare tribal summary impact statement
4. Estimate, to the extent possible, potential costs.
Advanced Vehicle for distributing emissions
country of the objective USDA shall international Does the law have tribal implications and preempt tribal law? IF YES: Advanced Technology shall establish the allowances as immediate
distribution numbers
to limit greenhouse gas International promulgate rules allowances. Vehicles Manufacturing Manufacturers Kick-Start for Clean provided in the Act.
“Climate Change reward for advanced medium-
emissions through EPA shall submit EPA shall allocate Allowances establishing a program 10. NATIONAL TECHNOLOGY TRANSFER AND EPA PUBLIC Incentive Transportation Commercial Fleets & heavy-duty hybrid
binding international a report to Congress to the Secretary of ADVANCEMENT ACT: Adopt voluntary consensus standards or explain why not 60 days (generally) to submit comments to EPA Program. commercial vehicle EPA deposits
President for distributing emission Technology Fund.” EPA shall, EPA shall
agreements. detailing positive effects Agriculture 4.25% of the Does the rule contain provisions for which use of voluntary standards is applicable? IF YES:
purchase. proceeds of emissions
shall establish an allowances to entities in for the purpose of allocate to the Kick
of the incentives, emission allowances for EPA shall EPA EPA EPA
International Clean agriculture & forestry EPA shall EPA IF YES: EPA shall raising cash to deposit Start program .5% of auction into CCWTA
programs & policies. each calendar year. auction a quantity 11. REGULATORY FLEXIBILITY ACT: 1. Distribute draft Reg Flex analysis. PUBLISH 1. Review comments & revise rule if necessary.
Development President sectors. establish programs that 1. Defines the problem and describes the regulated entities by size and number. Begin initial Regulatory Flexibility analysis
into the fund, auction 1% the aggregate quantity of Fund.
SUBTITLE C deposit proceeds Act establishes
2. Decisionmakers or regulatory negotiating Proposal in Federal Register 2. Prepare final Reg Flex analysis
of emission allowances
SUBTITLE D
EPA shall allocate use allocation support for the 2. Estimate economic impacts by size category. panels discuss regulatory alternatives. 3. Make final rule decisions.
Technology Board. shall submit to Acquisition of New Data, for the fund.
3. Determine which size categories incur significant impacts.
IF NO: 3. Select regulatory proposal. 4. Publish final rule in the Federal Register. of auction into of the quantity of emission emission allowances for in Treasury the
Congress a report on to the Secretary of Agriculture & Forestry Improvement of Methodologies,
4. Do a substantial number of entities in any size category incur significant impacts?
Certify rule as requiring no further RFA analysis 4. Complete initial Reg Flex analysis.
EPA/SBA the fund. allowances established calendar years 2012 “Climate Change Worker Transition Assistance
the progress that the U.S. Agriculture 4.25% of the
emission allowances for
USDA shall Program in the Development of New Tools for
Designated Offsets Activity
12. SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT:
IF YES:
1. Convene a SBREFA panel to review rule and related agency analyses.
2. Forward rule to Congress for review (Congressional Review Act, as part of SBREFA)
for that calendar
year.
TITLE XI through 2017. Training & Assistance for Workers
United States
Does the rule have a significant economic impact on a substantial number of small entitites” as defined in RFA?
has made in achieving ensure the average Types & for Development & 3. Prepare a small business compliance guide.
Future of Fund
EPA shall the negotiating each calendar year Deployment of New
EPA shall issue & annual percentage of EPA MASC negotiates
establish a objective. from 2031-2050. Technologies. Transportation DOL establishes
from time to time revise a emission allowances USDA shall Reviews internal analyses and clears MOU with all federal
methodology for list of categories of established for a calendar distribute emission
for submission to OMB OMB a Multi-Agency Steering
agencies to carry out
determining daily price offset projects. year distributed to allowances in a manner
REVIEWS
EPA Committee (MASC).
activities of CCWAAP.
TITLE XIV
EPA submission package (proposed rule, analyses, report) APPROVES PACKAGE
of international reserve entities shall be at APPROVES & SIGNS OFF
EPA shall EPA auctions
that maximizes the FED REG
SUBTITLE A
60 days with possible 30-day extension
RETURNS & REJECTS 1. Proposed rule EPA shall emission allowances
allowances the EPA President The President & least 0.25%. avoidance or reduction Package goes back to EPA for reconsideration 2. Regulatory analyses EPA publishes official rule
deposit into the allocate to the
offers for sale. There is Reducing the Deficit 3. Reg flex analysis in the federal register.
Kick Start for Cellulosic Biofuel to fund the CCWTA
shall establish the USDA shall initiate a of GHG emissions. EPA 4. Public contact Fund all proceeds of
established an Carbon Capture & Program 1% of the Fund.
International Climate program to conduct any EPA REVIEWS COMMENTS 5. Comment period
PUBLIC auctions immediately
interagency working emission
EPA shall Change Commission. additional research that EPA shall
1. Revises and resubmits to OMB; or 1. Decides to revise rule significantly based on public comments
OR
Submits comments (60 days) Sequestration upon receipt of the SUBTITLE C
establish a method EPA shall issue is necessary. USDA shall group, to be known as 2. Returns for major re-write
EPA allowances. MASC establishes a
deposit proceeds
2. Assembles final package addressing each comment and change,
proceeds. DOL promulgates
for calculating the a methodology for each prepare & submit to the “Carbon Markets The EPA shall Conducts internal clearance and submits final package to OMB AND conducts final reg flex analysis Cellulosic Biofuels DOL promulgates Climate Change Worker National Climate Change
into the fund.
required number of offset project category & Congress a report that Working Group.” The President
shall delegate authority
promulgate rules EPA shall, SUBTITLE D rules for the CCWAAP. Adjustment Assistance Advisory Committee.
international reserve Commission revise list every describes the status of establishing a system
allowances that a U.S. five years. to Carbon Markets Working OMB for the purposes of Low-Carbon Fuel Program rules.
shall determine research on agricultural for issuing, recording, OMB
importer must whether each non- & forestry GHG
Group & heads of other
REVIEWS FINAL PACKAGE APPROVES FINAL PACKAGE raising cash for the fund,
EPA shall
Standard DOL establishes
The “Carbon Federal entities to promulgate transferring, & tracking auction 1% of the quantity the Office of Climate
submit. exempt country has taken EPA may issue management. regulations for development of
From EPA: 45 days, with 30-day extension
allocate .75% of
Markets Working Group” allowances. RETURNS & REJECTS
of emission allowances Change Adjustment
comparable action to limit a list of technologies & a new financial market for Package goes back to EPA for reconsideration
the emission EPA shall
EPA shall associated performance shall conduct a study of the emission allowances. EPA 2012-2025. establish a program EPA shall use Assistance.
the greenhouse gas determine whether the
benchmarks. major issues in regulation SUBTITLE A EPA
APPROVES FINAL PACKAGE IF “NON-MAJOR” RULE allowances to the
for distributing emission the best available
EPA shall emissions. EPA shall Establishes program. EPA shall DOL establishes
monitoring & quantification of the emission allowance Trading allowances allocated to information to determine MASC holds initial
TITLE X
1. Revises and resubmits to OMB; or
calculate the national plan & GHG initiation EPA shall trading market & other The head of other promulgate rules 2. Returns for major re-write FED REG in Treasury the allocate 1% of the procedures for allocating
greenhouse gas intensity establish mechanisms whereby EPA includes
IF “MAJOR RULE”
“Carbon Capture & entities in reward for their the lifecycle GHG planning meetings.
certification are satisfactory & carbon markets. Federal entities to PUBLISH: emission allowances funds for training workers
EPA production of fuel from emissions per energy unit
rate for a particular Commission issue offset allowances for for appeal & review of whom the President has allowances among those Final rule
Non-major rules take effect Future of Coal Sequestration to the program.
of transportation under CCWAP.
cellulosic biomass.
foreign country. shall submit to the
President & Congress
approved projects. determinations made
under this subsection.
SUBTITLE B delegated rulemaking
authority shall promulgate
sold at Regular Auctions
and transfers PUBLIC
CONGRESS
Major rules are submitted to Congress
automatically after 30 days,
or on the “effective date”
Technology Fund”
(Fund).
In calculating
lifecycle greenhouse-gas fuels.
EPA shall Market Oversight & REVIEWS PACKAGE emissions of hydrogen or DOL promulgates
The Carbon rules on market
under the Congressional Review Act
an annual report &
publish the determination EPA shall
specify the required
Markets Working Enforcement oversight. SUBTITLE E those funds. If dissatisfied, the public can:
1. Challenge in court
(House & Senate)
Treasury
electricity, EPA shall (I) include
emissions resulting from rules for training
components of a shall establish the
EPA shall in the Federal develop standardized Group shall submit to the Auction on 2. Seek congressional action
SUBTITLE C EPA shall production of the hydrogen or EPA shall criteria.
monitoring & 3. Work with EPA re: implementation
Bureau of Land electricity; & (II) consider to be MASC formulates
calculate the Register. tools for use in the
quantification plan.
President & Congress a Consignment JOINT RESOLUTION OF DISAPPROVAL NO JOINT RESOLUTION OF DISAPPROVAL
Legal Framework promulgate regulations equivalent to the energy establish a requirement DOL shall
monitoring & quantification report on progress with If adopted by Congress AND President concurs within 60 days Management Emergency establishing standards for applicable to transportation strategy for addressing
delivered by 1 gallon of
allowance adjustment of changes in greenhouse
EPA shall recommendations. The Carbon
COURT Firefighting Fund & Forest Treasury SUBTITLE B permitting commercial-scale DOI shall ethanol. fuel providers to reduce
promulgate regulations
climate change impacts
factor for a particular
NEW RULE IS develop a methodology to train workers in
Hears case from “aggrieved party”
gas fluxes or carbon stocks Service Emergency shall establish the underground injection of on workforce.
foreign country.
EPA shall establish a comprehensive Markets Working Long-Term the average lifecycle
zero/low-emitting
for each offset project. RULE IS REJECTED Firefighting Fund. Federal Wildlife carbon dioxide for geologic for conducting an greenhouse-gas
establish a program field sampling program to Group may secure from Carbon Capture &
where EPA offers for
sale to importers
EPA shall
improve the scientific bases
on which the standardized
EPA shall enter
into a MOU with Federal any Federal agency such
information as it deems TITLE IV
Act establishes
in Treasury a
If court finds final rule defective,
it can stay the rule or set it aside.
If final rule is supported by the court
IMPLEMENTED Adaptation Fund.
Sequestration
EPA shall
establish a Bonus
sequestration. assessment of potential
storage formations EPA shall
emissions.
carbon energy
technologies.
DOL shall
promulgate regulations
develop standardized entities relating to regulatory “State Wildlife consider transportation
tools & methods. Incenttives Allowance Account for in the U.S. to implement a validated
EPA shall
international reserve EPA shall tools for use in the & enforcement coordination, necessary to carry out Establishing a Adaptation Fund” EPA shall carbon capture & fuel derived from
allowances. develop standardized determining & discounting information sharing, etc. to its purpose. (SWAF). deposit proceeds EPA shall EPA shall electrical craft
calculate the Greenhouse Gas sequestration projects & cultivated noxious plants certification program. MASC reports
allowances allocated
tools for use in the
accounting for additionality &
for uncertainty for each minimize duplicative or
conflicting regulatory Emissions Trading upon receipt into SUBTITLE A auction a quantity of
the emission allowances
All proceeds
EPA shall allocate to the account publish the & other biomass results of strategic
offset project. Comptroller SWAF. Funds deposited into the quantities of the emission geological sequestration sources.
at no cost in an amount uncertainty, estimating the EPA shall efforts. Market established for that year distribute emission DOL shall plan to Congress.
equal to the baseline, & discounting for promulgate rules SUBTITLE C General shall conduct NAS shall to deposit into the
BLM fund shall be made
allowances from the
allowances. methodology & solicit
EPA shall
EPA shall
promulgate regulations
periodic reviews of available to pay for comments from the determine the fuel
product. EPA shall leakage for each offset authorizing the Carbon Market convene a panel to Commerce Of the funds Treasury firefighting & wildland fire
Bonus Allocation publish the revised to ensure worker safety
project. efficacy of distribution of EPA shall Account to the public & state & emission baseline.
assign a unique certification & issuance Efficiency Board have multiple regional shall be allocated made available, forestry funds. EPA shall final methodology. in these areas. DOL shall
There is established funds by the Board. suppression federal agencies. EPA shall
serial number to each of offset allowances. auction emission scientific symposia to 17% for adaptation Army Corp. of Engineers qualifying projects. determine the consult with federal
a Carbon Market Federal activities.
EPA shall
international reserve EPA shall review &
Efficiency Board. SUBTITLE D allowances to raise
agencies shall take
examine the ecological activities to protect, shall be allocated 15% bonus allowance
establish a methodology
agencies, industry, &
apply an economic
allowance. EPA shall establish revise the standardized EPA shall Partnerships with cash for the SWAF. impact of climate maintain & restore coastal, for use in adaptation TITLE XII SUBTITLE B for use in determining
organized labor in
adjustment ratio of 1 for mechanisms for the tools & methods. promulgate rules for SUBTITLE D States, Localities, &
into account the change on imperiled estuarine, Great Lakes activities. Bureau of Land DOI shall
EPA shall adjustment factor
through a specific
Federal the lifecycle greenhouse-gas
emissions per unit of energy EPA shall determining appropriate MASC prepares
a particular country unless Comptroller recommendations of Federal Program to reduce the bonus agencies shall conduct
appeal & review of the selection, use & Climate Change Indian Tribes to Protect
species. & marine resources. Management Emer- DOI shall submit to Congress allowance rates so the rate formula. DOI shall of all transportation complete a study to worker safety annual report to
the Commission makes an General shall conduct a Board shall the report. Protect Natural a feasibility study of pipeline President & Congress.
determinations of storage of native & Technology Board Natural Resources gency Firefighting establish an accounting a monthly report & a does not exceed incremental construction for CO2 carry out a fuels. determine whether measures.
affirmative decision International review of the efficacy of issue a report to DOL provides
to lower the ratio. reserve allowances U.S. offsets. nonnative plant Resources Program & reporting system. yearly report describing capital & operating costs transportation for characterization program greenhouse-gas employment & case
the Board in fulfilling its Congress. to supplement the geological
proceeds shall be allocated materials. each expenditure from for carrying out EPA shall sequestration & geological emissions reductions
to a program the EPA & State purpose. Of the funds sequestration of date relevant to determining management
CO2 sequestration will adversely impact
Dept. shall establish to mitigate The President shall SUBTITLE B made available, EPA Of the funds
SUBTITLE E
the fund. carbon dioxide.
distribute not more
facilities. storage capacity in EPA shall services.
TITLE VI
EPA shall EPA may EPA shall Federal than 20% of the quantity air quality.
the negative impacts of climate EPA offset EPA offset made available, 10% geological storage promulgate fuel
ensure fair representation Partnerships with shall be allocated 12% Wildlife Adaptation DOL consults
calculate the change on disadvantaged rules shall require the rules shall govern the
allow for transition into
of the financial, agricultural,
allocate emission
The Board shall States, Localities, & for use in adaptation shall be allocated to
National Wildlife
Fund proceeds shall be
SUBTITLE C of emission allowances formations. regulations to implement with MASC &
international reserve communities in other
submission of a reversal
the Registry of offset projects
industrial, & commercial
allowances among Act establishes as Partnerships with Adaptation Program Forest Service EPA shall in the Bonus Allowance
countries. examination & auditing & banked offset allowances publish advanced details DOL shall Indian Tribes to activities & restoring & USDA for use in funding made available to assist DOI shall appropriate measures to Congress on the MASC conducts
allowance requirements
for each compliance year
certification for each offset of offset allowances. registered under or meeting sectors, & U.S. geographical natural gas & electricity
local distribution
a government agency
of distribution of funds provide incentive
States, Localities, &
Reduce Emissions protecting natural adaptation activities. SUBTITLE D
fish & wildlife in adapting Emergency USDA shall USDA shall reduce the bonus Account for non-electric
consult with DOE & EPA mitigate any adverse
EPA shall
regulations. face-to-face meetings.
Commission project following the standards of any Federal, regions & include a the Climate Change Indian Tribes National Wildlife establish an accounting submit to Congress allowance rates to reflect generating units. DOE & EPA revise the regulations
based on the best companies utilizing the & notify President, funding to the states. resources. to climate change & Firefighting Program regarding data sharing & impacts on air EPA shall
shall develop & registration of offset State or private reporting rep. of consumer Technology Board & reporting system. a monthly report & a the lower project cost when shall cooperate with as necessary to reflect
available data. interests. percentages Congress. Adaptation Strategy
ocean acidification. format, development of quality. revise the applicable
publish in the Federal allowances. programs. (Board). yearly report describing compared to sequestration Interior to ensure the changes in the
in the Act. President shall into geologic formations methodology & content performance standard transportation fuel
Register two lists of EPA shall EPA shall EPA & other EPA shall each expenditure from EPA shall usefulness & success of
EPA shall develop & implement for disposal. of the assessment to reduce the average market or other relevant
foreign countries allocate emission allocate emission distribute emission EPA shall federal agencies allocate 25% of the fund. distribute on a pro the geological
EPA shall EPA shall a National Wildlife lifecycle GHG circumstances.
excluded from this allowances among states EPA shall allowances among allowances among EPA shall allocate at least shall provide technical allowance to states rate basis the remaining sequestration
EPA shall Adaptation Strategy for
publish a schedule of legislation.
distribute emission
allowances among that have led the nation auction emission states whose economies natural gas & electricity deposit proceeds
consult with local SUBTITLE A SUBTITLE C 40% of these assistance & training for facing severe impacts species to adapt to climate
President
shall include in the DOI shall bonus allowances only to DOI shall assessment. Regulations emissions.
the required number of in efforts to reduce GHG allowances to raise rely heavily on coal & local distribution distribution companies Partnerships with State Partnerships with allowances to States to assist coastal on fresh water establish & appoint All proceeds DOI shall consult with state shall permit fuel
states that have led the upon receipt in change & ocean NWA strategy prioritized previously qualifying
international reserve cash for the TSERF. manufacturing companies companies utilizing the in drafting the regulation Governments to Prevent EPA shall States & Indian Tribes coastal states. states in this effort. shortages & EPA shall deposited into the complete a national geological surveys & providers to generate
nation in efforts to reduce emissions & improve EECBGP. acidification. goals & measures & members of a science projects. EPA shall
allowances for imported utilizing percentages above. deposit proceeds agriculture. allocate 20% of firefighting fund shall be assessment of the other entities to ensure the credits for achieving
EPA shall GHG emissions & energy efficiency. percentages Economic Hardship to Adapt to Climate a schedule for advisory board.
covered goods. in the Act. upon receipt in made available to pay for usefulness & success of greater reductions in consider developing
make a final improve energy in the Act. While Promoting Change allowances to capacity for carbon
TSERF. implementation. the geological regulations determining
efficiency. Energy Alaska. wildland fire suppression dioxide storage. lifecycle GHG
assessment of the sequestration any significant climate
activities. emissions.
international reserve EPA shall
assessment. change impacts on food
EPA shall allowance requirement EPA shall EPA shall EPA shall EPA shall EPA shall EPA shall President
DOL shall distribute emission consult with HHS, EPA shall President shall
DOI shall enter EPA shall access & production.
establish procedures promulgate rules auction emission promulgate regulations establish by regulation EPA shall develop regulations base NWA strategy on shall consider Methodology EPA shall EPA shall
for the covered continually update allowances among USDA, & state agencies EPA shall make Act establishes allocate for distribution Act establishes EPA shall into partnerships with
establishing a system allowances to raise for minimum federal the consumer classes establish a program in accordance with the best available science, research contained in DOI shall establish & President shall shall be updated consider the findings establish a panel establish a task force
for determining the good. the national model states whose economies publically available in Treasury a emission allowances in Treasury a “Tribal deposit proceeds other entities to collect &
cash for the Energy requirements for developing
to which local distribution re: eligibility criteria for Negotiated Rulemaking Act cooperate with state fish & state conservation plans; review & update the periodically to with expertise in the
number of the for annually scoring rely heavily on coal & all reports submitted among states & Indian to assist Indian Tribes Climate Change appoint members of a of the task force for to study potential Federal
Efficiency & Conservation building energy the Climate Change Impact low-income residential “Transportation Sector with Indian Tribes to distribute upon receipt in wildlife agencies & other coordinate & integrate integrate data from other methodology of
international reserve state achievements manufacturing companies Assessment Program companies must direct by local distribution Tribes for adaptation to in addressing impacts proceeds from the Tribal Assistance Fund” agencies, consult with local science advisory board. NWA strategy. incorporate new data the feasibility of a assumption of liabilities
Block Grant Program efficiency codes & consumers in drafting Emission Reduction TCCAF. identified measures drilling programs relevant geological sequestration
allowances for a in GHG emissions utilizing the percentages (CCIAP) for local emission allowance companies. impacts of global of climate change. Climate Change (TCCAF). government & provide as the data becomes sequestration facility. with respect to closed
(EECBGP). standards. regulation above. Fund” (TSERF). in the national to storage of carbon assessment.
U.S. importer. reductions. in the Act. distributors. proceeds. climate change. Assistance Fund. public notice.
dioxide. available. geological sites.
strategy.