Sec. 311. Refinery permitting process
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/bill/113/hr/3033/ih/section-311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term expansion means a physical change that results in an increase in the capacity of a refinery. The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term permit means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain— under any Federal law; or from a State or Indian tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits.
The term refiner means a person that— owns or operates a refinery; or seeks to become an owner or operator of a refinery. The term refinery means— a facility at which crude oil is refined into transportation fuel or other petroleum products; or a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. The term refinery includes an expansion of a refinery. The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (b).
The term Secretary means the Secretary of Commerce. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic interdisciplinary multimedia approach as provided in this section.
Under a refinery permitting agreement the Administrator shall have authority, as applicable and necessary, to— accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; in consultation and cooperation with each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit, establish a schedule under which each agency shall— concurrently consider, to the maximum extent practicable, each determination to be made; and complete each step in the permitting process; and issue a consolidated permit that combines all permits issued under the schedule established under subparagraph (B).
Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that— the Administrator shall have each of the authorities described in paragraph (2); and each State or Indian tribal government agency shall— in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and comply, to the maximum extent practicable, with the applicable schedule established under paragraph (2)(B).
In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— 360 days after the date of the receipt of the administratively complete application for the consolidated permit; or on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline established under clause (i).
In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— 120 days after the date of the receipt of the administratively complete application for the consolidated permit; or on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline established under clause (i).
Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under paragraph (2)(B). Any civil action for review of any permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle.
If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph (4), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain other than any permits that are not approved. Nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery.
Congress encourages the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this subsection. Nothing in this subsection affects— the authority of a local government with respect to the issuance of permits; or any requirement or ordinance of a local government (such as a zoning regulation). In cooperation with the Secretary of Energy, the Secretary of Defense, the Administrator of the Federal Aviation Administration, the Secretary of Health and Human Services, and Fischer-Tropsch industry representatives, the Administrator shall— conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel; evaluate the use of ultra-clean Fischer-Tropsch transportation fuel as a mechanism for reducing engine exhaust emissions; and submit recommendations to Congress on the most effective use and associated benefits of this ultra-clean fuel for reducing public exposure to exhaust emissions.
The Administrator shall, to the extent necessary, issue any guidance or technical support documents that would facilitate the effective use and associated benefit of Fischer-Tropsch fuel and blends. The program described in paragraph
(1)shall consider— the use of neat (100 percent) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector; and the production costs associated with domestic production of this ultra-clean fuel and prices for consumers. The Administrator shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives— not later than 1 year after the date of enactment of this Act, an interim report on actions taken to carry out this subsection; and not later than 2 years after the date of enactment of this Act, a final report on actions taken to carry out this subsection.
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Sec. 311
Refinery permitting process
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