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136 STAT. 2075 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(3) NATURAL GAS TRANSMISSION.—With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (4), (5), or (9) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed 0.11 percent of the natural gas sent to sale from or through such facility. ‘‘(4) COMMON OWNERSHIP OR CONTROL.—In calculating the total emissions charge obligation for facilities under common ownership or control, the Administrator shall allow for the netting of emissions by reducing the total obligation to account for facility emissions levels that are below the applicable thresh- olds within and across all applicable segments identified in subsection (d). ‘‘(5) EXEMPTION.—Charges shall not be imposed pursuant to paragraph (1) on emissions that exceed the waste emissions threshold specified in such paragraph if such emissions are caused by unreasonable delay, as determined by the Adminis- trator, in environmental permitting of gathering or trans- mission infrastructure necessary for offtake of increased volume as a result of methane emissions mitigation implementation. ‘‘(6) EXEMPTION FOR REGULATORY COMPLIANCE.— ‘‘(A) IN GENERAL.—Charges shall not be imposed pursu- ant to subsection (c) on an applicable facility that is subject to and in compliance with methane emissions requirements pursuant to subsections (b) and (d) of section 111 upon a determination by the Administrator that— ‘‘(i) methane emissions standards and plans pursu- ant to subsections (b) and (d) of section 111 have been approved and are in effect in all States with respect to the applicable facilities; and ‘‘(ii) compliance with the requirements described in clause (i) will result in equivalent or greater emis- sions reductions as would be achieved by the proposed rule of the Administrator entitled ‘Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review’ (86 Fed. Reg. 63110 (November 15, 2021)), if such rule had been finalized and implemented. ‘‘(B) RESUMPTION OF CHARGE.—If the conditions in clause (i) or (ii) of subparagraph (A) cease to apply after the Administrator has made the determination in that subparagraph, the applicable facility will again be subject to the charge under subsection (c) beginning in the first calendar year in which the conditions in either clause (i) or (ii) of that subparagraph are no longer met. ‘‘(7) PLUGGED WELLS.—Charges shall not be imposed with respect to the emissions rate from any well that has been permanently shut-in and plugged in the previous year in accord- ance with all applicable closure requirements, as determined by the Administrator. ‘‘(g) PERIOD.—The charge under subsection (c) shall be imposed and collected beginning with respect to emissions reported for cal- endar year 2024 and for each year thereafter. Determination. Time period. Determination. Determination. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00259 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw