H. R. 3879
IN THE HOUSE OF REPRESENTATIVES
February 1, 2012
Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To provide for streamlining the process of Federal approval for construction or expansion of petroleum refineries, and for other purposes.
Refinery Streamlined Permitting
This title may be cited
Refinery Streamlined Permitting
Act of 2012.
Review process streamlining
Assistance to States
The Secretary of Energy shall offer to States assistance to enable the States to assign responsibilities delegated to the States, under Federal laws relating to the construction or expansion of a petroleum refining facility, in a coordinated and expeditious manner.
Memorandum of understanding
All Federal agencies, and all State agencies to which responsibilities are delegated under Federal law, responsible for approving a permit or other Federal authorization for the construction or expansion of a petroleum refining facility shall enter into a memorandum of understanding with respect to that facility, or proposed facility, that clearly defines all actions required to be taken for Federal permit review and approval. The memorandum of understanding shall identify areas where Federal and State agencies can exercise discretion, and where multiple levels of review on permitting decisions can be coordinated, to enable a more expeditious review process.
Notwithstanding any other provision of law, a Federal agency, and a State agency to which responsibilities are delegated under Federal law, shall take final action to approve or disapprove an application under Federal law for the construction or expansion of a petroleum refining facility not later than 1 year after receipt of a complete application for such approval.
A Federal agency, and a State agency to which responsibilities are delegated under Federal law, shall give high priority to expediting an application under Federal law for the construction or expansion of a petroleum refining facility that would—
allow for production of cleaner burning fuel;
result in increased refining capacity; or
result in a reduction in a refinery’s pollution output.
Statement of energy effects
An agency shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for each proposed significant energy action.
A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to—
any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented; and
reasonable alternatives to the action with adverse energy effects, and the expected effects of such alternatives on energy supply, distribution, and use.
Guidance and consultation
The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this section and shall consult with other agencies as appropriate in the implementation of this section.
Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related Notice of Proposed Rulemaking and in any resulting Final Rule.
For purposes of this section—
agency has the meaning given that term in section 3502(1) of
title 44, United States Code, except that the term does not include an
independent regulatory agency, as defined in paragraph (5) of that section;
significant energy action means any action by an agency that is
expected to lead to promulgation of a final rule or regulation and that—
is likely to have a significant adverse effect on the supply, distribution, or use of energy; or
is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.
Refining Capacity on Closed Military Installations
For purposes of this title—
the term base closure law means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note);
the term closed military installation means a military installation closed or approved for closure pursuant to a base closure law;
designated refinery means a refinery designated under section
the term Federal refinery authorization—
means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and
includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery;
the term refinery means—
a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or
a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output;
the term Secretary means the Secretary of Energy; and
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.
State participation and presidential designation
Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to subsection (c)(2), that are appropriate for the purposes of siting a refinery.
Analysis of refinery sites
In considering any site for possible designation under subsection (a), the President shall conduct an analysis of—
the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels;
the distribution of the Nation’s refined petroleum product demand;
whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility;
the need to diversify the geographical location of the domestic refining capacity;
the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers;
the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and
such other factors as the President considers appropriate.
Sale or disposal
Except as provided in paragraph (2), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to subsection (a).
No site may be used for a refinery under this title if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection.
With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to subsection (a)—
the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and
the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation.
Process coordination and rules of procedure
Designation as Lead Agency
The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery.
Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary.
Secretary’s authority to set schedule
The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall—
ensure expeditious completion of all such proceedings; and
accommodate the applicable schedules established by Federal law for such proceedings.
Failure to meet schedule
If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d).
The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record.
The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of—
an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and
an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization.
If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand.
For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c).
The Court shall set any civil action brought under this subsection for expedited consideration.
In any action challenging a Federal refinery authorization that has been granted, reasonable attorney’s fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization.