Super Pollutants Act

II 116TH CONGRESS 1ST SESSION S. 2325 To establish a task force to review policies and measures to promote, and to develop best practices for, reduction of short-lived climate pollutants, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 30, 2019 Mr. MURPHY (for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a task force to review policies and measures to promote, and to develop best practices for, reduction of short-lived climate pollutants, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Super Pollutants Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds that— 6 (1) short-lived climate pollutants account for 40 7 percent of near-term global warming impacting the 8 atmosphere, even though those pollutants account 9 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 2 •S 2325 IS for a much smaller percentage of warming agents by 1 weight; 2 (2) reducing short-lived climate pollutant emis- 3 sions could— 4 (A) cut the rate of sea-level rise by 25 per- 5 cent, according to the National Center for At- 6 mospheric Research and the Scripps Institution 7 of Oceanography; and 8 (B) according to the United Nations Envi- 9 ronment Programme— 10 (i) prevent more than 2,000,000 pre- 11 mature deaths each year; 12 (ii) prevent more than 30,000,000 13 tons of crop losses each year; 14 (iii) cut the rate of warming by up to 15 0.6 degrees Celsius by 2050; and 16 (iv) significantly contribute toward the 17 overall global target of holding increased 18 warming below 1.5 degrees Celsius; 19 (3) the United States— 20 (A) is one of the largest consumers of hy- 21 drofluorocarbons in the world; 22 (B) provides significant innovation in the 23 development and commercialization of low-glob- 24 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 3 •S 2325 IS al warming potential alternatives that are al- 1 ready penetrating markets worldwide; and 2 (C) could serve as a leader and exemplar 3 of responsibly phasing down hydrofluorocarbon 4 production and consumption, with strong sup- 5 port from industries that formerly used hydro- 6 fluorocarbons but are transitioning quickly to 7 lower-global warming potential alternatives; 8 (4) the Montreal Protocol on Substances that 9 Deplete the Ozone Layer has been an extraordinarily 10 successful model for— 11 (A) protecting the stratospheric ozone 12 layer; and 13 (B) achieving significant climate protection 14 cobenefits; 15 (5) since the Montreal Protocol was signed in 16 1987, there has been an elimination of more than 95 17 percent of ozone-depleting substances; 18 (6) on full implementation of the Montreal Pro- 19 tocol, the ozone layer should return to pre-1980 lev- 20 els by 2050; and 21 (7) the Interagency Strategy to Reduce Meth- 22 ane Emissions, released in March 2014, outlines a 23 proactive agenda for reducing methane leakage and 24 waste throughout the United States economy. 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 4 •S 2325 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Environ- 4 mental Protection Agency. 5 (2) APPROPRIATE CONGRESSIONAL COMMIT- 6 TEES.—The term ‘‘appropriate congressional com- 7 mittees’’ means the Committee on Energy and Com- 8 merce of the House of Representatives and the Com- 9 mittee on Environment and Public Works of the 10 Senate. 11 (3) HIGH-GWP HFC.—The term ‘‘high-GWP 12 HFC’’ means newly manufactured hydrofluorocar- 13 bons with a global warming potential calculated over 14 a 100-year period of greater than 150, as described 15 in the Fifth Assessment Report of the Intergovern- 16 mental Panel on Climate Change. 17 (4) RELEVANT FEDERAL AGENCY.—The term 18 ‘‘relevant Federal agency’’ ‘‘relevant Federal agen- 19 cy’’ means the Department of Agriculture, the De- 20 partment of Commerce, the Department of Defense, 21 the Department of Energy, the Department of 22 Health and Human Services, the Department of the 23 Interior, the Department of State, the Department 24 of Transportation, the Environmental Protection 25 Agency, the National Oceanic and Atmospheric Ad- 26 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 5 •S 2325 IS ministration, the Council on Environmental Quality, 1 the United States Agency for International Develop- 2 ment, and any other Federal agency the President 3 determines appropriate. 4 (5) SHORT-LIVED CLIMATE POLLUTANT.—The 5 term ‘‘short-lived climate pollutant’’ means— 6 (A) black carbon; 7 (B) methane; and 8 (C) high-GWP HFC. 9 (6) TASK FORCE.—The term ‘‘Task Force’’ 10 means the Interagency Task Force on Short-Lived 11 Climate Pollutant Mitigation established under sec- 12 tion 4(a). 13 SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLI- 14 MATE POLLUTANT MITIGATION. 15 (a) ESTABLISHMENT.—Not later than 90 days after 16 the date of enactment of this Act, the President shall es- 17 tablish a task force, to be known as the Interagency Task 18 Force on Short-Lived Climate Pollutant Mitigation. 19 (b) MEMBERSHIP.—The members of the Task Force 20 shall include the head (or a designee thereof) of each rel- 21 evant Federal agency. 22 (c) DUTIES.—The Task Force shall— 23 (1) not later than 180 days after the date of 24 enactment of this Act, submit to the appropriate 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 6 •S 2325 IS congressional committees a report that includes spe- 1 cific plans of each relevant Federal agency— 2 (A) to purchase cleaner alternatives to 3 high-GWP HFC whenever feasible; and 4 (B) to transition over time to equipment 5 that uses safer and more sustainable alter- 6 natives to high-GWP HFC; 7 (2) review the policy recommendations made 8 by— 9 (A) the Intergovernmental Panel on Cli- 10 mate Change; 11 (B) the United States Climate Alliance; 12 (C) the Interagency Strategy to Reduce 13 Methane Emissions; 14 (D) the Council on Climate Preparedness 15 and Resilience; and 16 (E) the Clean Cooking Alliance; 17 (3) develop an action plan to reduce short-lived 18 climate pollutants that incorporates any appropriate 19 proposals or recommendations made by the entities 20 referred to in paragraph (2) that are relevant to 21 short-lived climate pollutants; 22 (4) identify any Federal program that is, or 23 could be, relevant to reducing short-lived climate pol- 24 lutants— 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 7 •S 2325 IS (A) in the United States; or 1 (B) worldwide; 2 (5) identify overlapping and duplicative Federal 3 programs addressing short-lived climate pollutants 4 that would benefit from consolidation and stream- 5 lining; 6 (6) identify gaps and serious deficiencies in 7 Federal programs targeted at short-lived climate pol- 8 lutants, including gaps and deficiencies that can be 9 addressed through a combination of assessment, sci- 10 entific research, monitoring, and technological devel- 11 opment activities, with an emphasis on— 12 (A) industry standards; and 13 (B) public-private partnerships; 14 (7) in developing recommendations, consult 15 with affected stakeholders in private industry; and 16 (8) not later than 18 months after the date of 17 enactment of this Act, submit to the appropriate 18 congressional committees a report describing the 19 findings and recommendations resulting from the ac- 20 tivities described in paragraphs (2) through (7). 21 SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. 22 (a) COMPREHENSIVE PLAN.— 23 (1) IN GENERAL.—Consistent with strategies 24 adopted by the International Maritime Organization 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 8 •S 2325 IS to reduce greenhouse gas emissions from ships, the 1 Secretary of State, in consultation with the Sec- 2 retary of Transportation, the Secretary of Com- 3 merce, the Administrator, and the Commandant of 4 the Coast Guard, shall develop a comprehensive plan 5 to reduce black carbon emissions from ships based 6 on appropriate emissions data from oceangoing ves- 7 sels. The plan shall provide for such reduction 8 through— 9 (A) a clean freight partnership; 10 (B) limits on black carbon emissions; and 11 (C) efforts that include protection of access 12 to critical fuel shipments and emergency needs 13 of coastal communities. 14 (2) ROADMAP.—A principal objective of the 15 plan developed pursuant to paragraph (1) shall be 16 the establishment, in coordination with the Secretary 17 of Transportation, of a roadmap for helping coun- 18 tries to reduce fine-particle (PM2.5) and black car- 19 bon emissions in the shipping sector through— 20 (A) the installation of advanced emissions 21 controls; 22 (B) the reduction of sulfur content in 23 fuels; and 24 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 9 •S 2325 IS (C) the adoption of black carbon control 1 policies. 2 (b) BLACK CARBON EMISSIONS REDUCTION 3 GOALS.—The Secretary of State, in coordination with rel- 4 evant Federal agencies, shall— 5 (1) lead an effort to reduce black carbon 6 through an Arctic-wide aspirational black carbon 7 goal; and 8 (2) encourage observers of the Arctic Council 9 (including India and China) to adopt mitigation 10 plans consistent with the findings and recommenda- 11 tions of the Arctic Council’s Framework for Action 12 on Black Carbon and Methane. 13 (c) CLIMATE AND CLEAN AIR COALITION.—The Sec- 14 retary of State is encouraged to work with the Climate 15 and Clean Air Coalition To Reduce Short-Lived Climate 16 Pollutants to craft specific financing mechanisms for the 17 incremental cost of international black carbon mitigation 18 activities. 19 (d) BLACK CARBON MITIGATION ACTIVITIES.— 20 (1) PRIORITIZATION.—The Administrator of 21 the United States Agency for International Develop- 22 ment, in cooperation with the Administrator, shall— 23 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 10 •S 2325 IS (A) encourage black carbon mitigation ac- 1 tivities as part of official development assist- 2 ance and programmatic activities; 3 (B) give special emphasis to projects that 4 produce substantial environmental, gender, live- 5 lihood, and public health benefits, including 6 support for clean-burning cookstoves and fuels; 7 and 8 (C) work with the Global Alliance for 9 Clean Cookstoves to help developing nations es- 10 tablish thriving markets for clean and efficient 11 cooking solutions. 12 (2) EMISSIONS REDUCTIONS.—The Secretary of 13 State, in collaboration with the Administrator and 14 the Secretary of Transportation, shall provide aid to 15 international efforts to reduce black carbon emis- 16 sions from diesel trucks and ships, 2-stroke engines, 17 diesel generators, and industrial processes by pro- 18 viding technical assistance— 19 (A) to help developing nations lower the 20 sulfur content of diesel fuels; 21 (B) to expand access to diesel particulate 22 filters; 23 (C) to provide vehicle manufacturers with 24 low-emission engine designs; 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 11 •S 2325 IS (D) to develop other mitigation activities, 1 including energy efficiency alternatives for gen- 2 erators and industrial processes; and 3 (E) to reduce ammonia emissions from ag- 4 riculture. 5 SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED 6 GASES. 7 (a) SENSE OF CONGRESS REGARDING ENERGY 8 STAR.—It is the sense of Congress that the Administrator, 9 in cooperation with the Secretary of Energy, should con- 10 sider modifications to the Energy Star program estab- 11 lished under section 324A of the Energy Policy and Con- 12 servation Act (42 U.S.C. 6294a) to include refrigerant 13 systems that— 14 (1) achieve best-in-class energy efficiency sav- 15 ings; and 16 (2) use next generation technologies for refrig- 17 erants and foam-blowing agents. 18 (b) REPORT.— 19 (1) IN GENERAL.—Not later than 2 years after 20 the date of enactment of this Act, the National 21 Academies of Sciences, Engineering, and Medicine, 22 in collaboration with the Administrator, the Sec- 23 retary of Energy, the Secretary of Transportation, 24 and the National Institute of Standards and Tech- 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 12 •S 2325 IS nology, shall submit to the Congress and publish a 1 report that— 2 (A) identifies and evaluates substitute 3 technologies, products, practices, and processes 4 for fluorinated compounds on a sector-by-sector 5 basis for the sectors described in paragraph (2); 6 (B) identifies and describes the legal, regu- 7 latory, technical, and other barriers to the de- 8 velopment and broader deployment of sub- 9 stitutes for fluorinated compounds within the 10 sectors described in paragraph (2) and subsec- 11 tors therein in which such fluorinated com- 12 pounds are produced, used, and emitted; 13 (C) includes recommendations regarding 14 any changes in Federal law, regulation, guid- 15 ance, and practice that can lower, avoid, or 16 eliminate the barriers identified in subpara- 17 graph (B); and 18 (D) includes the earliest possible dates, or 19 date ranges, by which each sector described in 20 paragraph (2) can cease producing, using, and 21 emitting fluorinated compounds and transition 22 to substitute technologies, products, practices, 23 and processes, taking into account technological 24 feasibility, safety, availability, environmental 25 VerDate Sep 11 2014 02:08 Aug 06, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2325.IS S2325 kjohnson on DSK79L0C42 with BILLS 13 •S 2325 IS protection, and other relevant factors, includ- 1 ing, where applicable, the [Text truncated for display. 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