S.Amdt. 5148

1. Adds TITLE II--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES at the end of the bill

   Adds a title

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: TITLE II--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES

   Inserted: SEC. 201. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

   Inserted: (2) Coal-to-liquid.--The term "coal-to-liquid" means--

   Inserted: (A) with respect to a process or technology, the use of a feedstock, the majority of which is derived from the coal resources of the United States, using the class of reactions known as Fischer-Tropsch, to produce synthetic fuel suitable for transportation; and

   Inserted: (B) with respect to a facility, the portion of a facility related to producing the inputs for the Fischer-Tropsch process, or the finished fuel from the Fischer-Tropsch process, using a feedstock that is primarily domestic coal at the Fischer-Tropsch facility.

   Inserted: (3) Domestic fuels facility.--

   Inserted: (A) In general.--The term "domestic fuels facility" means--

   Inserted: (i) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other transportation fuel;

   Inserted: (ii) a facility that produces a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and

   Inserted: (iii) a facility at which crude oil is refined into transportation fuel or other petroleum products.

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   Inserted: (B) Inclusion.--The term "domestic fuels facility" includes a domestic fuels facility expansion.

   Inserted: (4) Domestic fuels facility expansion.--The term "domestic fuels facility expansion" means a physical change in a domestic fuels facility that results in an increase in the capacity of the domestic fuels facility.

   Inserted: (5) Domestic fuels facility permitting agreement.--The term "domestic fuels facility permitting agreement" means an agreement entered into between the Administrator and a State or Indian tribe under section 202.

   Inserted: (6) Domestic fuels producer.--The term "domestic fuels producer" means an individual or entity that--

   Inserted: (A) owns or operates a domestic fuels facility; or

   Inserted: (B) seeks to become an owner or operator of a domestic fuels facility.

   Inserted: (7) 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).

   Inserted: (8) Permit.--The term "permit" means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain--

   Inserted: (A) under any Federal law; or

   Inserted: (B) from a State or Indian tribal government agency delegated with authority by the Federal Government, or authorized under Federal law to issue permits.

   Inserted: (9) State.--The term "State" means--

   Inserted: (A) a State;

   Inserted: (B) the District of Columbia;

   Inserted: (C) the Commonwealth of Puerto Rico; and

   Inserted: (D) any other territory or possession of the United States.

   Inserted: SEC. 202. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES.

   Inserted: (a) 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 domestic fuels facility permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a domestic fuels facility shall be improved using a systematic interdisciplinary multimedia approach as provided in this section.

   Inserted: (b) Authority of Administrator.--Under a domestic fuels facility permitting agreement--

   Inserted: (1) the Administrator shall have authority, as applicable and necessary, to--

   Inserted: (A) accept from a refiner a consolidated application for all permits that the domestic fuels producer is required to obtain to construct and operate a domestic fuels facility;

   Inserted: (B) establish a schedule under which each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit shall--

   Inserted: (i) concurrently consider, to the maximum extent practicable, each determination to be made; and

   Inserted: (ii) complete each step in the permitting process; and

   Inserted: (C) issue a consolidated permit that combines all permits that the domestic fuels producer is required to obtain; and

   Inserted: (2) the Administrator shall provide to State and Indian tribal government agencies--

   Inserted: (A) financial assistance in such amounts as the agencies reasonably require to hire such additional personnel as are necessary to enable the government agencies to comply with the applicable schedule established under paragraph (1)(B); and

   Inserted: (B) technical, legal, and other assistance in complying with the domestic fuels facility permitting agreement.

   Inserted: (c) Agreement by the State.--Under a domestic fuels facility permitting agreement, a State or governing body of an Indian tribe shall agree that--

   Inserted: (1) the Administrator shall have each of the authorities described in subsection (b); and

   Inserted: (2) each State or Indian tribal government agency shall--

   Inserted: (A) 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

   Inserted: (B) comply, to the maximum extent practicable, with the applicable schedule established under subsection (b)(1)(B).

   Inserted: (d) Interdisciplinary Approach.--

   Inserted: (1) In general.--The Administrator and a State or governing body of an Indian tribe shall incorporate an interdisciplinary approach, to the maximum extent practicable, in the development, review, and approval of domestic fuels facility permits subject to this section.

   Inserted: (2) Options.--Among other options, the interdisciplinary approach may include use of--

   Inserted: (A) environmental management practices; and

   Inserted: (B) third party contractors.

   Inserted: (e) Deadlines.--

   Inserted: (1) New domestic fuels facilities.--In the case of a consolidated permit for the construction of a new domestic fuels facility, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than--

   Inserted: (A) 360 days after the date of the receipt of the administratively complete application for the consolidated permit; or

   Inserted: (B) 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 subparagraph (A).

   Inserted: (2) Expansion of existing domestic fuels facilities.--In the case of a consolidated permit for the expansion of an existing domestic fuels facility, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than--

   Inserted: (A) 120 days after the date of the receipt of the administratively complete application for the consolidated permit; or

   Inserted: (B) 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 subparagraph (A).

   Inserted: (f) 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)(1)(B).

   Inserted: (g) Judicial Review.--Any civil action for review of any determination of any Federal, State, or Indian tribal government agency in a permitting process conducted under a domestic fuels facility permitting agreement brought by any individual or entity shall be brought exclusively in the United States district court for the district in which the domestic fuels facility is located or proposed to be located.

   Inserted: (h) 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 section.

   Inserted: (i) Severability.--If 1 or more permits that are required for the construction or operation of a domestic fuels facility are not approved on or before any deadline established under subsection (e), the Administrator may issue a consolidated permit that combines all other permits that the domestic fuels producer is required to obtain other than any permits that are not approved.

   Inserted: (j) Savings.--Nothing in this section affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a domestic fuels facility.

   Inserted: (k) Consultation With Local Governments.--Congress encourages the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this section.

   Inserted: (l) Effect on Local Authority.--Nothing in this section affects--

   Inserted: (1) the authority of a local government with respect to the issuance of permits; or

   Inserted: (2) any requirement or ordinance of a local government (such as zoning regulations).

   Original wording

   At the end of the bill, add the following:

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As printed