Sec. 6001 Finding
Congress finds that the domestic refining industry is an important source of jobs and economic growth and whose growth should not be limited by an excessively drawn out permitting and approval process.
Title VI — Improving America's domestic refining capacity
VI Improving America's domestic refining capacity
A Refinery permitting reform
Sec. 6002 Definitions
In this subtitle:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Expansion— The term expansion means a physical change that results in an increase in the capacity of a refinery.
Indian tribe— 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).
Permit— 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 tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits.
Refiner— The term refiner means a person that—
owns or operates a refinery; or
seeks to become an owner or operator of a refinery.
Refinery—
In general— 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.
Inclusion— The term refinery includes an expansion of a refinery.
Refinery permitting agreement— The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (c).
State— The term State means—
a State; and
the District of Columbia.
Sec. 6003 Streamlining of refinery permitting process
In general— 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.
Authority of Administrator— 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).
Refinery permitting agreements— 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).
Deadlines—
New refineries— 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).
Expansion of existing refineries— 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).
Federal agencies— 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).
Judicial review— 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.
Efficient permit review— 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.
Severability— 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.
Consultation with local governments— The Administrator, States, and tribal governments shall consult, to the maximum extent practicable, with local governments in carrying out this section.
Effect of 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).
B Repeal of renewable fuel standard
Sec. 6011 Findings
Congress finds that the mandates under the renewable fuel standard contained in section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))—
impose significant costs on American citizens and the American economy, without offering any benefit; and
should be repealed.
Sec. 6012 Phase out of renewable fuel standard
in paragraph (2)—
in subparagraph (A)—
by striking clause (ii); and
by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and
in subparagraph (B), by striking clauses (ii) through (v) and inserting the following:
“(ii) Calendar years 2014 through 2018—Notwithstanding clause (i), for purposes of subparagraph (A), the applicable volumes of renewable fuel for each of calendar years 2014 through 2018 shall be determined as follows:
“(I) For calendar year 2014, in accordance with the table entitled “I–2—Proposed 2014 Volume Requirements” of the proposed rule published at pages 71732 through 71784 of volume 78 of the Federal Register (November 29, 2013).
“(II) For calendar year 2015, the applicable volumes established under subclause (I), reduced by 20 percent.
“(III) For calendar year 2016, the applicable volumes established under subclause (I), reduced by 40 percent.
“(IV) For calendar year 2017, the applicable volumes established under subclause (I), reduced by 60 percent.
“(V) For calendar year 2018, the applicable volumes established under subclause (I), reduced by 80 percent.”
in paragraph (3)—
by striking “2021” and inserting “2017” each place it appears; and
in subparagraph (B)(i), by inserting “, subject to the condition that the renewable fuel obligation determined for a calendar year is not more than the applicable volumes established under paragraph (2)(B)(ii)” before the period; and
by adding at the end the following:
“(13) Sunset—The program established under this subsection shall terminate on December 31, 2018.”
Regulations— Effective beginning on January 1, 2019, the regulations contained in subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect.