[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4024 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4024
To amend the Clean Air Act to provide for the establishment of
standards to limit the carbon intensity of the fuel used by certain
vessels, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2023
Mr. Robert Garcia of California (for himself, Ms. Barragan, Mr.
Huffman, Ms. Bonamici, Mr. Cleaver, Ms. Tlaib, Ms. Norton, Ms. Lee of
California, Mr. Schiff, Ms. Sherrill, Mr. Lieu, Mr. Grijalva, and Mr.
Espaillat) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to provide for the establishment of
standards to limit the carbon intensity of the fuel used by certain
vessels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Shipping Act of 2023''.
SEC. 2. MARINE ZERO GREENHOUSE GAS FUEL STANDARD.
The Clean Air Act is amended by adding after section 212 (42 U.S.C.
7546) the following new section:
``SEC. 212A. MARINE ZERO GREENHOUSE GAS FUEL STANDARD.
``(a) Marine Vessel Fuel Carbon Intensity Standards.--
``(1) Standards.--The Administrator shall, by regulation,
require each vessel on a covered voyage to comply with
standards for the carbon intensity of the fuel used by such
vessel so that such carbon intensity is--
``(A) in each of calendar years 2027 through 2029,
at least 20 percent less than the carbon intensity
baseline;
``(B) in each of calendar years 2030 through 2034,
at least 45 percent less than the carbon intensity
baseline;
``(C) in each of calendar years 2035 through 2039,
at least 80 percent less than the carbon intensity
baseline; and
``(D) in calendar year 2040 and each calendar year
thereafter, 100 percent less than the carbon intensity
baseline.
``(2) Promulgation of standards.--The Administrator shall
finalize--
``(A) the standard required by paragraph (1)(A) by
not later than January 1, 2026; and
``(B) the standards required by each of
subparagraphs (B) through (D) of paragraph (1) by not
later than 2 years before the respective standard goes
into effect.
``(3) Technological or economic feasibility.--
``(A) In general.--If the Administrator determines
that a reduction in carbon intensity required under
paragraph (1) is not technologically or economically
feasible by the applicable deadline under such
paragraph, the Administrator, in lieu of promulgating
the standard otherwise required by paragraph (1), shall
promulgate a standard that will achieve the maximum
reduction in the carbon intensity of the fuel used by
vessels on covered voyages that is technologically and
economically feasible by such applicable deadline.
``(B) Considerations.--In determining technological
and economic feasibility for purposes of subparagraph
(A), the Administrator shall take into account the net
reduction of emissions of greenhouse gases and
potential adverse impacts on public health, safety, and
the environment, including with respect to air quality,
water quality, and the generation and disposal of solid
waste.
``(4) Harmonization with international standards.--If the
Administrator determines that standards mandated by the
International Maritime Organization for reduction of the carbon
intensity of fuel used by vessels for a calendar year are
equally or more stringent than the standards under paragraph
(1) for such calendar year, the Administrator may adopt such
standards.
``(5) Exemption.--Any vessel that is on covered voyages for
30 days or fewer during a calendar year shall be exempt from
the standards promulgated under this subsection for that year.
``(6) Common ownership or control.--For purposes of
determining compliance with any standard established under this
subsection, the Administrator may allow the carbon intensity of
the fuels used by vessels under common ownership or control to
be averaged.
``(7) Overcompliance.--The Administrator may allow vessels
to credit overcompliance with any standard established under
this subsection towards demonstrating compliance with any
future standard under this subsection.
``(b) Monitoring and Reporting.--
``(1) List of methods.--
``(A) In general.--The Administrator shall develop
a list of acceptable methods for monitoring and
reporting compliance with the standards established
under subsection (a).
``(B) Consistency of methods.--The Administrator,
to the maximum extent practicable, shall ensure the
consistency of the methods listed under subparagraph
(A) with similar reporting schemes developed by the
European Union and the International Maritime
Organization.
``(2) Annual reporting requirements.--For each calendar
year, a vessel shall report to the Administrator--
``(A) the carbon intensity of the fuel used for
each covered voyage;
``(B) the amount of fuel used for each covered
voyage; and
``(C) the total greenhouse gas emissions measured
in carbon dioxide equivalent for all covered voyages.
``(3) Annual report.--Not later than 6 months after the end
of each annual reporting period under paragraph (2), the
Administrator, in consultation with the Secretary of
Transportation and Commandant of the Coast Guard, shall publish
a report that--
``(A) compiles the data reported under paragraph
(2); and
``(B) includes an explanation intended to
facilitate public understanding of--
``(i) the carbon dioxide equivalent
emissions of vessels on covered voyages; and
``(ii) the carbon intensity of fuels used
by such vessels.
``(c) Enforcement.--The standards established under subsection (a)
and the annual reporting requirements of subsection (b)(2) shall be
considered an emission standard or limitation for purposes of section
304(a)(1).
``(d) Definitions.--In this section:
``(1) Carbon dioxide equivalent.--The term `carbon dioxide
equivalent' means the number of metric tons of carbon dioxide
emissions with the same global warming potential as one metric
ton of another greenhouse gas, as calculated using Equation A-1
in section 98.2(b) of title 40, Code of Federal Regulations, as
in effect on the date of enactment of this section.
``(2) Carbon intensity.--The term `carbon intensity' means
the quantity of lifecycle greenhouse gas emissions per unit of
fuel energy, expressed in grams of carbon dioxide equivalent
per megajoule.
``(3) Carbon intensity baseline.--The term `carbon
intensity baseline' means the average carbon intensity of the
fuel used by all vessels on covered voyages in calendar year
2024.
``(4) Covered voyage.--The term `covered voyage' means any
voyage of a vessel for the purpose of transporting passengers
or cargo for commercial purposes--
``(A) that is between any ports of call under the
jurisdiction of the United States; or
``(B) that is between a port of call under the
jurisdiction of the United States and a port of call
under the jurisdiction of a foreign country.
``(5) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
``(6) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' has the meaning given such
term in section 211(o).
``(7) Port of call.--The term `port of call' means the port
where a vessel stops to load or unload cargo or to embark or
disembark passengers.
``(8) Vessel.--The term `vessel' means a vessel of 400
gross tonnage or more.''.
SEC. 3. IN-PORT MARINE VESSEL ZERO EMISSION STANDARDS.
Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended by
adding at the end the following:
``(e) In-Port Marine Vessel Zero Emission Standards.--
``(1) Standards.--Except as provided in paragraph (2) and
not later than January 1, 2026, the Administrator shall
promulgate (and from time to time revise) standards to
eliminate, by not later than January 1, 2030, emissions of
greenhouse gases and air pollutants for which air quality
criteria have been issued under section 108 from vessels at
anchorage or at berth in the contiguous zone of the United
States (as described in Presidential Proclamation 7219).
``(2) Exception.--If the Administrator determines that
standards required by paragraph (1) are not technologically or
economically feasible, the Administrator shall promulgate
standards that achieve the maximum reduction of such emissions
from such vessels that is technologically and economically
feasible.
``(3) Considerations.--In determining technological and
economic feasibility under paragraph (2), the Administrator
shall take into account the net reduction of emissions of
greenhouse gases, the net reduction of emissions of air
pollutants for which air quality criteria have been issued
under section 108, and potential adverse impacts on public
health, safety, and the environment, including with respect to
air quality, water quality, and the generation and disposal of
solid waste.''.
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