Sec. 6003. Streamlining of refinery permitting process
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/bill/114/s/791/is/section-6003·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the 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 tribal government agency that is required to make any determination to authorize the issuance of a permit, to 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 to issue a consolidated permit that combines all permits issued under the schedule established under paragraph (2).
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 subsection (b); and the State or 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 subsection (b)(2).
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 receipt of an 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 described in subparagraph (A).
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 receipt of an 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 described in subparagraph (A).
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 subsection (b)(2). Any civil action for review of a 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 an applicable deadline under subsection (d), 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. The Administrator, States, and tribal governments shall consult, to the maximum extent practicable, with local governments in carrying out this section.
Nothing in this section affects— the operation or implementation of any otherwise applicable law regarding permits necessary for the construction and operation of a refinery; the authority of any unit of local government with respect to the issuance of permits; or any requirement or ordinance of a local government (such as a zoning regulation).