Sec. 501. Refinery permitting process
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/bill/113/hr/3895/ih/section-501A 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; and 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 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— 365 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 title.
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 directs 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).
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Sec. 501
Refinery permitting process
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