,,ii #aaith ,,congress #ast ,session ,s4 #ead ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjbe,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,clean ,air ,act to modify the ,methane ,emissions ,reduction ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,methane ,emissions ,reduction ,program ,clarifications ,act of #bjbe or the ,,merp ,clarifications ,act of #bjbe4 #b4 ,methane emissions and waste reduction incentive program for petroleum and natural gas systems 7a7 ,amendments ,section #acf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcf7 is amended-- 7#a7 in subsection 7f71 by adding at the end the following3 7#h7 ,exemption for small upstream producers 7,a7 ,in general ,the ,administrator may not1 pursuant to any requirement under this section1 impose a reporting requirement or a charge under this section on an applicable facility described in subparagraph 7,b74 7,b7 ,applicable facilities described ,an applicable facility referred to in subparagraphs 7,a71 7,c71 and 7,d7 is an applicable facility that1 as of ,august #af1 #bjbb-- 7i7 was generating less than #be1jjj metric tons of carbon dioxide equivalent of greenhouse gases emitted per year2 and 7ii7 had #b1ejj or fewer full-time employees4 7,c7 ,no requirement to demonstrate ,the ,administrator may not impose a requirement that an applicable facility described in subparagraph 7,b7 demonstrate to the ,administrator that the applicable facility meets the requirements described in that subparagraph4 7,d7 ,notification 7i7 ,notice to facility ,not later than #fj days after the date of enactment of this paragraph1 the ,administrator shall provide written notice to each applicable facility described in subparagraph 7,b7 that the applicable facility is not subject to the reporting requirements or charges imposed under this section4 7ii7 ,publication ,the ,administrator shall communicate publicly 7including through press releases and messages on the website of the ,environmental ,protection ,agency7 that the applicable facilities described in subparagraph 7,b7 are not subject to the reporting requirements or charges imposed under this section4 7#i7 ,exemption for certain producers ,notwithstanding any other requirement of this section1 the ,administrator may not impose a charge under this section on an applicable facility during any period in which the applicable facility-- 7,a7 complies with subpart ,o,o,o,ob and ,o,o,o,oc1 as applicable1 of part #fj of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 and 7,b7 is located in a ,state in compliance with the applicable ,state implementation plan required under subpart ,o,o,o,oc of that part 7or successor regulations74 2 7#b7 by striking subsection 7g7 and inserting the following3 7g7 ,period ,the ,administrator may not impose or collect the charge under subsection 7c7 until ,january #a of the first calendar year that begins after the date on which the ,administrator submits to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a written notice that each of the following requirements has been met for a period of not less than #a year before that ,january #a3 7#a7 ,the grants authorized under subsections 7a7 and 7b7 have been fully disbursed to all eligible recipients4 7#b7 ,the revisions to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations1 that are required under this section-- 7,a7 ensure the use of emissions factors that have been validated by the ,administrator and posted to the website of the ,administrator2 and 7,b7 have been finalized4 2 7#c7 by redesignating subsection 7i7 as subsection 7k72 7#d7 by inserting after subsection 7h7 the following3 7i7 ,public comment period ,except as provided in section #b7;c7 of the ,,merp ,clarifications ,act of #bjbe1 any proposed regulation1 rule1 guidance1 or directive with respect to the implementation of this section from the ,administrator1 the ,executive ,office of the ,president1 or another ,federal agency shall1 consistent with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 be subject to a period of public comment of not less than #ij days4 7j7 ,dispute resolution procedure ,not later than #fj days after the date of enactment of this subsection1 the ,administrator shall1 consistent with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 propose a rule establishing an expedited process for an applicable facility to appeal or dispute the amount of a charge imposed under this section that is separate and apart from any other such process under this ,act4 2 and 7#e7 by adding at the end the following3 7l7 ,sunset 7#a7 ,termination of effectiveness ,the authority provided under this section terminates on ,december #ca1 #bjcd4 7#b7 ,continued imposition of waste charge 7,a7 ,in general ,if this section is not reauthorized by ,december #ca1 #bjcd1 the ,administrator shall immediately cease all activities with respect to the imposition of the charge under this section4 7,b7 ,enforcement 7i7 ,in general ,if the ,administrator or the head of any other applicable ,federal agency carries out any authority under this section after the date described in subparagraph 7,a71 a party that suffers likely harm from the carrying out of that authority may seek financial compensation from the ,federal ,government in the appropriate ,federal district court4 7ii7 ,expedited relief ,a ,federal district court shall expedite the consideration of an action described in clause 7i7 brought by the owner of an applicable facility with #b1ejj or fewer full-time employees4 7#c7 ,rescission ,on ,december #ca1 #bjcd1 there is rescinded the unobligated balance of amounts made available under subsections 7a7 and 7b7 as of that date4 4 7b7 ,description of requirements and calculations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall make publicly available1 including on the website of the ,environmental ,protection ,agency1 an ,administrator's ,order that includes the following information3 7,a7 ,consistent with the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note2 ,public ,law #aaa-bgd7 and ,executive ,orders #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 #abihh 7#bh ,u4,s4,c4 #eai note2 relating to civil justice reform71 and #acefc 7#e ,u4,s4,c4 #fja note2 relating to improving regulation and regulatory review71 an easily understandable explanation of-- 7i7 the methods used for calculating1 for purposes of section #acf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcf7-- 7,i7 the carbon dioxide equivalent of greenhouse gases emitted2 7,,ii7 methane intensity2 and 7,,iii7 other emissions factors2 and 7ii7 the key calculations necessary to understand the requirements of the program under that section1 including the conversion from carbon dioxide emissions to methane emissions necessary for determining the amount of the charge imposed and collected under that section4 7,b7 ,the methods and mechanisms 7including the methods and mechanisms described in subparagraph 7,a77i71 as applicable7 used to calculate1 for each category described in paragraphs 7#a7 through 7#i7 of subsection 7d7 of that section1 the charge imposed and collected pursuant to subsection 7c7 of that section4 7,c7 ,with respect to the development of any information described in subparagraphs 7,a77i7 and 7,b7-- 7i7 a list of the names1 including titles1 occupations1 and biographies1 of all consultants 7including international and domestic consultants7 that assisted in that development2 7ii7 7,i7 a list of the academic institutions 7including any international and domestic academic institutions7 that assisted in that development2 and 7,,ii7 points of contact for each such academic institution2 7iii7 7,i7 a list of the nongovernmental institutions 7including any international and domestic nongovernmental institutions7 that assisted in that development2 and 7,,ii7 points of contact for each such nongovernmental institution2 and 7iv7 a list of any other organizations the resources or personnel of which were used in any way in that development4 7,d7 ,a description1 including citations and hyperlinks1 of all studies used by the ,administrator to develop the information described in subparagraphs 7,a77i7 and 7,b74 7,e7 ,a summary of all other information collected and used by the ,administrator to develop the information described in subparagraphs 7,a77i7 and 7,b74 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,administrator shall1 in consultation with the owners and operators of applicable facilities 7as defined in section #acf7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcf7;d77 with fewer than #b1ejj full-time employees1 ensure that the documentation required under that paragraph will allow operators subject to a reporting requirement or charge under section #acf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcf7 to clearly understand the reporting requirements and calculations required under that section4 7c7 ,rulemaking requirements ,except as otherwise provided in this section or an amendment made by this section1 any proposed regulation1 rule1 guidance1 or other document required under this section or an amendment made by this section shall be subject to1 as applicable-- 7#a7 except as provided for in paragraph 7#b71 the notice and comment provisions of section #eec of title #e1 ,united ,states ,code2 and 7#b7 a public comment period of not less than #abj days4