Streamlined Energy Regulations for Advancement and Prosperity Act

[SWMissourian]

Senator Chen, for himself and others (and with thanks to Rep. Scalise), introduced the following bill: 

A BILL 

to lower energy costs for American consumers by streamlining regulations and encouraging energy development

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE 

(a) This bill may be referred to as the "Streamlined Energy Regulations for Advancement and Prosperity Act". 

 

SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS PIPELINES.
(a) Definitions.—In this section:

(1) COMMISSION.—The term “Commission” means the Federal Energy Regulatory Commission.

(2) FEDERAL AUTHORIZATION.—The term “Federal authorization” has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).

(3) NEPA REVIEW.—The term “NEPA review” means the process of reviewing a proposed Federal action under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(4) PROJECT-RELATED NEPA REVIEW.—The term “project-related NEPA review” means any NEPA review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act.

(b) Commission NEPA Review Responsibilities.—In acting as the lead agency under section 15(b)(1) of the Natural Gas Act for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall, in accordance with this section and other applicable Federal law—

(1) be the only lead agency;

(2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related NEPA review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and

(3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related NEPA review.

(c) Deference To Commission.—In making a decision with respect to a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related NEPA review that the Commission determines to be appropriate.

(d) Participating Agencies.—

(1) IDENTIFICATION.—The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate.

(2) INVITATION.—

(A) IN GENERAL.—Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization.

(B) DEADLINE.—An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause.

(3) DESIGNATION AS PARTICIPATING AGENCIES.—Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency—

(A) has no jurisdiction or authority with respect to the applicable Federal authorization;

(B) has no special expertise or information relevant to any project-related NEPA review; or

(C) does not intend to submit comments for the record for the project-related NEPA review conducted by the Commission.

(4) EFFECT OF NON-DESIGNATION.—

(A) EFFECT ON AGENCY.—Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act may not request or conduct a NEPA review that is supplemental to the project-related NEPA review conducted by the Commission, unless the agency—

(i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and

(ii) requires information that could not have been obtained during the project-related NEPA review conducted by the Commission.

(B) COMMENTS; RECORD.—The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act—

(i) consider any comments or other information submitted by such agency for the project-related NEPA review conducted by the Commission; or

(ii) include any such comments or other information in the record for such project-related NEPA review.

(e) Water Quality Impacts.—

(1) IN GENERAL.—Notwithstanding section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), an applicant for a Federal authorization shall not be required to provide a certification under such section with respect to the Federal authorization.

(2) COORDINATION.—With respect to any NEPA review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate.

(3) PROPOSED CONDITIONS.—A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act that the State or interstate agency determines are necessary to ensure that any activity described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act.

(4) COMMISSION CONSIDERATION OF CONDITIONS.—The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act proposed by a State or interstate agency under paragraph (3) only if the Commission finds that the term or condition is necessary to ensure that any activity described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act.

(f) Schedule.—

(1) DEADLINE FOR FEDERAL AUTHORIZATIONS.—A deadline for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act set by the Commission under section 15(c)(1) of such Act shall be not later than 90 days after the Commission completes its project-related NEPA review, unless an applicable schedule is otherwise established by Federal law.

(2) CONCURRENT REVIEWS.—Each Federal and State agency—

(A) that may consider an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act shall formulate and implement a plan for administrative, policy, and procedural mechanisms to enable the agency to ensure completion of Federal authorizations in compliance with schedules established by the Commission under section 15(c)(1) of such Act; and

(B) in considering an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, shall—

(i) formulate and implement a plan to enable the agency to comply with the schedule established by the Commission under section 15(c)(1) of such Act;

(ii) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related NEPA review conducted by the Commission, and in compliance with the schedule established by the Commission under section 15(c)(1) of such Act, unless the agency notifies the Commission in writing that doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out such obligations;

(iii) transmit to the Commission a statement—

(I) acknowledging receipt of the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act; and

(II) setting forth the plan formulated under clause (i) of this subparagraph;

(iv) not later than 30 days after the agency receives such application for a Federal authorization, transmit to the applicant a notice—

(I) indicating whether such application is ready for processing; and

(II) if such application is not ready for processing, that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing;

(v) determine that such application for a Federal authorization is ready for processing for purposes of clause (iv) if such application is sufficiently complete for the purposes of commencing consideration, regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application; and

(vi) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization.

(3) FAILURE TO MEET DEADLINE.—If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act, not later than 5 days after such deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied.

(g) Consideration Of Applications For Federal Authorization.—

(1) ISSUE IDENTIFICATION AND RESOLUTION.—

(A) IDENTIFICATION.—Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting such authorization.

(B) ISSUE RESOLUTION.—The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution.

(2) REMOTE SURVEYS.—If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for such authorization to submit data, the agency shall consider any such data gathered by aerial or other remote means that the person submits. The agency may grant a conditional approval for the Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection.

(3) APPLICATION PROCESSING.—The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for such authorization.

(h) Accountability, Transparency, Efficiency.—For an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the Commission’s website information related to the actions required to complete the Federal authorizations. Such information shall include the following:

(1) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act.

(2) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application.

(3) The expected completion date for each such action.

(4) A point of contact at the agency responsible for each such action.

(5) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay.

(i) Pipeline Security.—In considering an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Federal Energy Regulatory Commission shall consult with the Administrator of the Transportation Security Administration regarding the applicant’s compliance with security guidance and best practice recommendations of the Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures.

 

SEC. 2. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e)) is amended—

(1) in paragraph (1)(A)—

(A) in clause (i), by striking “or” at the end;

(B) in clause (ii), by inserting “or” after “this section,”; and

(C) by adding at the end the following:

“(iii) is a critical energy resource facility,”; and

(2) by adding at the end the following:

“(4) Definitions.—For the purposes of this subsection:

“(A) CRITICAL ENERGY RESOURCE.—The term ‘critical energy resource’ means, as determined by the Secretary of Energy, any energy resource—

“(i) that is essential to the energy sector and energy systems of the United States; and

“(ii) the supply chain of which is vulnerable to disruption.

“(B) CRITICAL ENERGY RESOURCE FACILITY.—The term ‘critical energy resource facility’ means a facility that processes or refines a critical energy resource.”.

 

SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE FACILITIES.
(a) In General.—The Administrator of the Environmental Protection Agency shall, as necessary, revise regulations under parts 70 and 71 of title 40, Code of Federal Regulations, to—

(1) authorize the owner or operator of a critical energy resource facility to utilize flexible air permitting (as described in the final rule titled “Operating Permit Programs; Flexible Air Permitting Rule” published by the Environmental Protection Agency in the Federal Register on October 6, 2009 (74 Fed. Reg. 51418)) with respect to such critical energy resource facility; and

(2) facilitate flexible, market-responsive operations (as described in the final rule identified in paragraph (1)) with respect to critical energy resource facilities.

(b) Definitions.—In this section:

(1) CRITICAL ENERGY RESOURCE.—The term “critical energy resource” means, as determined by the Secretary of Energy, any energy resource—

(A) that is essential to the energy sector and energy systems of the United States; and

(B) the supply chain of which is vulnerable to disruption.

(2) CRITICAL ENERGY RESOURCE FACILITY.—The term “critical energy resource facility” means a facility that processes or refines a critical energy resource.

 

SEC. 3. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE FACILITIES.
(a) In General.—The Administrator of the Environmental Protection Agency shall, as necessary, revise regulations under parts 70 and 71 of title 40, Code of Federal Regulations, to—

(1) authorize the owner or operator of a critical energy resource facility to utilize flexible air permitting (as described in the final rule titled “Operating Permit Programs; Flexible Air Permitting Rule” published by the Environmental Protection Agency in the Federal Register on October 6, 2009 (74 Fed. Reg. 51418)) with respect to such critical energy resource facility; and

(2) facilitate flexible, market-responsive operations (as described in the final rule identified in paragraph (1)) with respect to critical energy resource facilities.

(b) Definitions.—In this section:

(1) CRITICAL ENERGY RESOURCE.—The term “critical energy resource” means, as determined by the Secretary of Energy, any energy resource—

(A) that is essential to the energy sector and energy systems of the United States; and

(B) the supply chain of which is vulnerable to disruption.

(2) CRITICAL ENERGY RESOURCE FACILITY.—The term “critical energy resource facility” means a facility that processes or refines a critical energy resource.

 

SEC. 4. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.—

(1) IN GENERAL.—If the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, determines that, by reason of a sudden increase in demand for, or a shortage of, a critical energy resource, or another cause, the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet the national security or energy security needs of the United States, then the Administrator may, with or without notice, hearing, or other report, issue a temporary waiver of any requirement under the Clean Air Act (42 U.S.C. 7401 et seq.) with respect to such critical energy resource facility that, in the judgment of the Administrator, will allow for such processing or refining at such critical energy resource facility as necessary to best meet such needs and serve the public interest.

(2) CONFLICT WITH OTHER ENVIRONMENTAL LAWS.—The Administrator shall ensure that any waiver of a requirement under the Clean Air Act under this subsection, to the maximum extent practicable, does not result in a conflict with a requirement of any other applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts.

(3) VIOLATIONS OF OTHER ENVIRONMENTAL LAWS.—To the extent any omission or action taken by a party under a waiver issued under this subsection is in conflict with any requirement of a Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.

(4) EXPIRATION AND RENEWAL OF WAIVERS.—A waiver issued under this subsection shall expire not later than 90 days after it is issued. The Administrator may renew or reissue such waiver pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Administrator determines necessary to meet the national security or energy security needs described in paragraph (1) and serve the public interest. In renewing or reissuing a waiver under this paragraph, the Administrator shall include in any such renewed or reissued waiver such conditions as are necessary to minimize any adverse environmental impacts to the extent practicable.

(5) SUBSEQUENT ACTION BY COURT.—If a waiver issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant a provision of law, any omission or action previously taken by a party under the waiver while the waiver was in effect shall remain subject to paragraph (3).

(6) CRITICAL ENERGY RESOURCE; CRITICAL ENERGY RESOURCE FACILITY DEFINED.—The terms “critical energy resource” and “critical energy resource facility” have the meanings given such terms in section 3025(f) of the Solid Waste Disposal Act (as added by this section).

(b) Solid Waste Disposal Act Requirements.—

(1) HAZARDOUS WASTE MANAGEMENT.—The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after section 3024 the following:

“SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.

“(a) In General.—If the Administrator, in consultation with the Secretary of Energy, determines that, by reason of a sudden increase in demand for, or a shortage of, a critical energy resource, or another cause, the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet the national security or energy security needs of the United States, then the Administrator may, with or without notice, hearing, or other report, issue a temporary waiver of any covered requirement with respect to such critical energy resource facility that, in the judgment of the Administrator, will allow for such processing or refining at such critical energy resource facility as necessary to best meet such needs and serve the public interest.

“(b) Conflict With Other Environmental Laws.—The Administrator shall ensure that any waiver of a covered requirement under this section, to the maximum extent practicable, does not result in a conflict with a requirement of any other applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts.

“(c) Violations Of Other Environmental Laws.—To the extent any omission or action taken by a party under a waiver issued under this section is in conflict with any requirement of a Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation.

“(d) Expiration And Renewal Of Waivers.—A waiver issued under this section shall expire not later than 90 days after it is issued. The Administrator may renew or reissue such waiver pursuant to subsections (a) and (b) for subsequent periods, not to exceed 90 days for each period, as the Administrator determines necessary to meet the national security or energy security needs described in subsection (a) and serve the public interest. In renewing or reissuing a waiver under this subsection, the Administrator shall include in any such renewed or reissued waiver such conditions as are necessary to minimize any adverse environmental impacts to the extent practicable.

“(e) Subsequent Action By Court.—If a waiver issued under this section is subsequently stayed, modified, or set aside by a court pursuant a provision of law, any omission or action previously taken by a party under the waiver while the waiver was in effect shall remain subject to subsection (c).

“(f) Definitions.—In this section:

“(1) COVERED REQUIREMENT.—The term ‘covered requirement’ means—

“(A) any standard established under section 3002, 3003, or 3004;

“(B) the permit requirement under section 3005; or

“(C) any other requirement of this Act, as the Administrator determines appropriate.

“(2) CRITICAL ENERGY RESOURCE.—The term ‘critical energy resource’ means, as determined by the Secretary of Energy, any energy resource—

“(A) that is essential to the energy sector and energy systems of the United States; and

“(B) the supply chain of which is vulnerable to disruption.

“(3) CRITICAL ENERGY RESOURCE FACILITY.—The term ‘critical energy resource facility’ means a facility that processes or refines a critical energy resource.”.

(2) TABLE OF CONTENTS.—The table of contents of the Solid Waste Disposal Act is amended by inserting after the item relating to section 3024 the following:

“Sec. 3025. Waivers for critical energy resource facilities.”.

 

SEC. 5. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 2604(a)) is amended by adding at the end the following:

“(6) CRITICAL ENERGY RESOURCES.—

“(A) STANDARD.—For purposes of a determination under paragraph (3) with respect to a chemical substance that is a critical energy resource, the Administrator shall take into consideration economic, societal, and environmental costs and benefits, notwithstanding any requirement of this section to not take such factors into consideration.

“(B) FAILURE TO RENDER DETERMINATION.—

“(i) ACTIONS AUTHORIZED.—If, with respect to a chemical substance that is a critical energy resource, the Administrator fails to make a determination on a notice under paragraph (3) by the end of the applicable review period and the notice has not been withdrawn by the submitter, the submitter may take the actions described in paragraph (1)(A) with respect to the chemical substance, and the Administrator shall be relieved of any requirement to make such determination.

“(ii) NON-DUPLICATION.—A refund of applicable fees under paragraph (4)(A) shall not be made if a submitter takes an action described in paragraph (1)(A) under this subparagraph.

“(C) PREREQUISITE FOR SUGGESTION OF WITHDRAWAL OR SUSPENSION.—The Administrator may not suggest to, or request of, a submitter of a notice under this subsection for a chemical substance that is a critical energy resource that such submitter withdraw such notice, or request a suspension of the running of the applicable review period with respect to such notice, unless the Administrator has—

“(i) conducted a preliminary review of such notice; and

“(ii) provided to the submitter a draft of a determination under paragraph (3), including any supporting information.

“(D) DEFINITION.—For purposes of this paragraph, the term ‘critical energy resource’ means, as determined by the Secretary of Energy, any energy resource—

“(i) that is essential to the energy sector and energy systems of the United States; and

“(ii) the supply chain of which is vulnerable to disruption.”.

 

SEC. 6. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.—The Energy Policy and Conservation Act is amended by inserting after section 163 (42 U.S.C. 6243) the following:

“SEC. 164. PROHIBITION ON CERTAIN EXPORTS.

“(a) In General.—The Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to—

“(1) the People’s Republic of China;

“(2) the Democratic People’s Republic of Korea;

“(3) the Russian Federation;

“(4) the Islamic Republic of Iran;

“(5) any other country the government of which is subject to sanctions imposed by the United States; and

“(6) any entity owned, controlled, or influenced by—

“(A) a country referred to in any of paragraphs (1) through (5); or

“(B) the Chinese Communist Party.

“(b) Waiver.—The Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States.

“(c) Rule.—Not later than 60 days after the date of enactment of the Lower Energy Costs Act, the Secretary shall issue a rule to carry out this section.”.

(b) Conforming Amendments.—

(1) DRAWDOWN AND SALE OF PETROLEUM PRODUCTS.—Section 161(a) of the Energy Policy and Conservation Act (42 U.S.C. 6241(a)) is amended by inserting “and section 164” before the period at the end.

(2) CLERICAL AMENDMENT.—The table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 163 the following:

“Sec. 164. Prohibition on certain exports.”.

 

PES: 

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SEC. 1.

This bill expands the authority of the Federal Energy Regulatory Commission (FERC) to act as the only lead agency for the purpose of coordinating the environmental review process under the National Environmental Policy Act of 1969 (NEPA) of natural gas pipeline project applications under the Natural Gas Act. Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review.

 

FERC must invite and designate the other participating agencies involved in the authorization process. In addition, FERC must consult with the Transportation Security Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures.

 

The bill establishes a deadline for agencies to complete NEPA reviews of pipeline projects and requires concurrent reviews when multiple federal or state agencies are involved.

 

If a federal or state agency requires the person applying for a pipeline authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits.

 

SEC. 2. 

Allows for interim permitting for facilities that process or refine resources essential to the energy sector or systems of America and that have a supply chain vulnerable to disruption. 

 

SEC. 3. 

Directs the EPA to allow for flexible air permitting for resources essential to the energy sector or systems of America and that have a supply chain vulnerable to disruption. 

 

SEC. 4. 

Allows the EPA to temporarily waive certain regulations under the Clean Air Act for critical energy resources due to national security needs. 

 

SEC. 5. 

This section establishes new requirements for the Environmental Protection Agency (EPA) when it makes certain determinations under the Toxic Substance Control Act (TSCA) related to chemical substances that are considered to be a critical energy resource (i.e., any energy resource that is essential to the U.S. energy sector and energy systems and has a vulnerable supply chain).

 

Currently, under TSCA, manufacturers and processors of chemical substances must notify the EPA before manufacturing a new chemical substance or before manufacturing or processing a substance for a significant new use. The EPA must review such notices and provide a determination on the substance or significant new use.

 

Under the bill, the EPA must consider economic, societal, and environmental costs and benefits when making determinations on notices for (1) new chemical substances that are considered to be a critical energy resource, or (2) significant new uses for such chemicals.

 

If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may proceed in manufacturing or processing the substance. Applicable fees must not be refunded if a submitter proceeds with manufacturing or processing.

 

The EPA may suggest the withdrawal of a notice for a chemical substance that is a critical energy resource, or request a suspension of the review period, if the EPA has conducted a preliminary review of the notice and provided a draft of determination to the submitter.

 

SEC. 6. 

Prohibits export of petroleum from the SPR to China, North Korea, Russia, Iran, and any other country the government of which is subject to sanctions imposed by the United States.