Gas Petroleum Refiner Improvement and Community Empowerment Act or the Gas PRICE Act - Directs the Secretary of Commerce and the Economic Development Administration to give priority to the construction of petroleum-based refineries in communities affected by military base closures or realignments.
Revises the process for issuing permits for the construction and operation of a refinery.
Requires the Administrator of the Environmental Protection Agency (EPA) to (1) solicit applications for grants under the EPA Natural Gas STAR Program to reduce methane emissions in the oil and gas industries; and (2) conduct workshops to provide information to state officials on methane emission reduction techniques.
Amends the Clean Air Act to: (1) hold states harmless for emission levels resulting from emergency waivers granted by EPA; and (2) require the Administrator to revoke the approval of certain fuels no longer included in a state implementation plan.
Requires the Administrator to: (1) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel; (2) evaluate the use of such fuel for reducing engine exhaust emissions; and (3) submit recommendations and reports to Congress.
Authorizes loan guarantees for domestic coal and petroleum coke-based Fischer-Tropsch commercial demonstration projects.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1772 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1772
To streamline the refinery permitting process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2005
Mr. Inhofe (for himself, Mr. DeMint, Ms. Murkowski, Mr. Voinovich, Mr.
Isakson, Mr. Thune, and Mr. Bond) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To streamline the refinery permitting process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Gas Petroleum
Refiner Improvement and Community Empowerment Act'' or the ``Gas PRICE
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--ECONOMIC DEVELOPMENT ASSISTANCE TO ENCOURAGE PETROLEUM-BASED
REFINERY ACTIVITY ON BRAC PROPERTY
Sec. 101. Economic development assistance to encourage petroleum-based
refinery activity on BRAC property.
TITLE II--REFINERY PERMITTING PROCESS
Sec. 201. Streamlining of refinery permitting process.
Sec. 202. Authorization of appropriations.
TITLE III--EFFICIENCY
Sec. 301. Efficiency.
TITLE IV--FUEL EMERGENCY WAIVERS AND BOUTIQUE FUEL REDUCTIONS
Sec. 401. Fuel emergency waivers.
Sec. 402. Boutique fuel reductions.
TITLE V--FUTURE FUELS
Sec. 501. Future fuels.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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).
(3) 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, State, or
Indian tribal law.
(4) Refiner.--The term ``refiner'' means a person that--
(A) owns or operates a refinery; or
(B) seeks to become an owner or operator of a
refinery.
(5) Refinery.--
(A) In general.--The term ``refinery'' means a
facility at which crude oil is refined into
transportation fuel or other petroleum products.
(B) Inclusion.--The term ``refinery'' includes a
refinery expansion.
(6) Refinery expansion.--The term ``refinery expansion''
means a physical change in a refinery that results in an
increase in the capacity of the refinery.
(7) Refinery permitting agreement.--The term ``refinery
permitting agreement'' means an agreement entered into between
the Administrator and a State or Indian tribe under section
201.
(8) Refinery project.--The term ``refinery project'' means
a project for--
(A) acquisition or development of a base
realignment and closure site for use for a petroleum
refinery; or
(B) acquisition, development, rehabilitation,
expansion, or improvement of petroleum refining
operations on a base realignment and closure site or in
a community affected by a base realignment and closure
site.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
TITLE I--ECONOMIC DEVELOPMENT ASSISTANCE TO ENCOURAGE PETROLEUM-BASED
REFINERY ACTIVITY ON BRAC PROPERTY
SEC. 101. ECONOMIC DEVELOPMENT ASSISTANCE TO ENCOURAGE PETROLEUM-BASED
REFINERY ACTIVITY ON BRAC PROPERTY.
(a) Priority.--Notwithstanding section 206 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3146), in awarding funds
made available to carry out section 209(c)(1) of that Act (42 U.S.C.
3149(c)(1)) pursuant to section 702 of that Act (42 U.S.C. 3232), the
Secretary and the Economic Development Administration shall give
priority to refinery projects.
(b) Federal Share.--Except as provided in subsection (c)(3)(B) and
notwithstanding the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.), the Federal share of a refinery project shall
be 80 percent of the project cost.
(c) Additional Award.--
(1) In general.--The Secretary shall make an additional
award in connection with a grant made to a recipient for a
refinery project.
(2) Amount.--The amount of an additional award shall be 10
percent of the amount of the grant for the refinery project.
(3) Use.--An additional award under this subsection shall
be used--
(A) to carry out any eligible purpose under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.);
(B) notwithstanding section 204 of that Act (42
U.S.C. 3144), to pay up to 100 percent of the cost of
an eligible project or activity under that Act; or
(C) to meet the non-Federal share requirements of
that Act or any other Act.
(4) Non-federal source.--For the purpose of paragraph
(3)(C), an additional award shall be treated as funds from a
non-Federal source.
(5) Funding.--The Secretary shall use to carry out this
subsection any amounts made available for economic development
assistance programs or under section 702 of that Act (42 U.S.C.
3232).
TITLE II--REFINERY PERMITTING PROCESS
SEC. 201. STREAMLINING OF REFINERY PERMITTING PROCESS.
(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
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
title.
(b) Authority of Administrator.--Under a refinery permitting
agreement--
(1) the Administrator shall have authority, as applicable
and necessary, to--
(A) accept from a refiner a consolidated
application for all permits that the refiner is
required to obtain to construct and operate a refinery;
(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--
(i) concurrently consider, to the maximum
extent practicable, each determination to be
made; and
(ii) complete each step in the permitting
process; and
(C) issue a consolidated permit that combines all
permits that the refiner is required to obtain; and
(2) the Administrator shall provide to State and Indian
tribal government agencies--
(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
(B) technical, legal, and other assistance in
complying with the refinery permitting agreement.
(c) Agreement by the State.--Under a refinery permitting agreement,
a State or governing body of an Indian tribe shall agree that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) each State or Indian tribal government agency shall--
(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
(B) comply, to the maximum extent practicable, with
the applicable schedule established under subsection
(b)(1)(B).
(d) Interdisciplinary Approach.--
(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 refinery permits subject
to this title.
(2) Options.--Among other options, the interdisciplinary
approach may include use of--
(A) environmental management practices; and
(B) third party contractors.
(e) Deadlines.--
(1) 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--
(A) 270 days after the date of the receipt of the
application for the consolidated permit; or
(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).
(2) 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--
(A) 90 days after the date of the receipt of the
application for the consolidated permit; or
(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).
(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).
(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 refinery permitting agreement
brought by any person or entity shall be brought exclusively in the
United States district court for the district in which the refinery is
located or proposed to be located.
(h) Efficient Permit Review.--In order to reduce the duplication of
procedures, the Administrator shall use State permitting and monitoring
procedures to satisfy substantially similar Federal requirements under
this title.
(i) Severability.--If 1 or more permits that are required for the
construction or operation of a refinery 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
refiner is required to obtain other than any permits that are not
approved.
(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 refinery.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE III--EFFICIENCY
SEC. 301. EFFICIENCY.
(a) Methane Reduction Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall solicit
applications from eligible entities, as determined by the
Administrator, for grants under the Natural Gas STAR Program
under the Environmental Protection Agency to pay the Federal
share of the cost of projects relating to the reduction of
methane emissions in the oil and gas industries.
(2) Project inclusions.--To receive a grant under paragraph
(1), the application of the eligible entity shall include--
(A) an identification of 1 or more technologies
used to achieve a reduction in the emission of methane;
and
(B) an analysis of the cost-effectiveness of a
technology described in subparagraph (A).
(3) Limitation.--A grant to an eligible entity under this
subsection shall not exceed $50,000.
(4) Federal share.--The Federal share of the cost of a
project under this subsection shall not exceed 50 percent.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
the period of fiscal years 2006 through 2010.
(b) Efficiency Promotion Workshops.--
(1) In general.--The Administrator, in conjunction with the
Interstate Oil and Gas Compact Commission, shall conduct a
series of technical workshops to provide information to
officials in oil- and gas-producing States relating to methane
emission reduction techniques.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
the period of fiscal years 2006 through 2010.
TITLE IV--FUEL EMERGENCY WAIVERS AND BOUTIQUE FUEL REDUCTIONS
SEC. 401. FUEL EMERGENCY WAIVERS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
(as amended by section 1541 of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 1106)) is amended--
(1) by redesignating the first clause (v) as clause (vi);
(2) by redesignating the second clause (v) as clause (vii);
and
(3) by inserting after clause (iv) the following:
``(v) A State shall be held harmless and not be required to revise
its State implementation plan under section 110 to account for the
emissions from a waiver granted by the Administrator under clause
(ii).''.
SEC. 402. BOUTIQUE FUEL REDUCTIONS.
Section 211(c)(4)(C)(vii) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)(vii)) (as redesignated by section 401(2)) is amended by
striking subclauses (III) and (IV) and inserting the following:
``(III) The Administrator shall remove a fuel from the list
published under subclause (II) if a fuel ceases to be included in a
State implementation plan or if a fuel in a State implementation plan
is identical to a Federal fuel formulation implemented by the
Administrator and shall reduce the total number of fuels permitted to
be included in a State implementation plan or revision on the list
published under subclause (II) accordingly.
``(IV) Subclause (I) shall not limit the authority of the
Administrator to approve a control or prohibition respecting any new
fuel under this paragraph in a State implementation plan or revision to
a State implementation plan if the new fuel completely replaces a fuel
on the list published under subclause (II).''.
TITLE V--FUTURE FUELS
SEC. 501. FUTURE FUELS.
(a) EPA Evaluation of Fischer-Tropsch Diesel and Jet Fuel as an
Emission Control Strategy.--
(1) In general.--In cooperation with the Secretary of
Energy, the Secretary of Defense, the Administrator of the
Federal Aviation Administration, Secretary of Health and Human
Services, and Fischer-Tropsch industry representatives, the
Administrator shall--
(A) conduct a research and demonstration program to
evaluate the air quality benefits of ultra-clean
Fischer-Tropsch transportation fuel, including diesel
and jet fuel;
(B) evaluate the use of ultra-clean Fischer-Tropsch
transportation fuel as a mechanism for reducing engine
exhaust emissions; and
(C) submit recommendations to Congress on the most
effective use and associated benefits of these ultra-
clean fuel for reducing public exposure to exhaust
emissions.
(2) Guidance and technical support.--The Administrator
shall, to the extent necessary, issue any guidance or technical
support documents that would facilitate the effective use and
associated benefit of Fischer-Tropsch fuel and blends.
(3) Requirements.--The program described in paragraph (1)
shall consider--
(A) the use of neat (100 percent) Fischer-Tropsch
fuel and blends with conventional crude oil-derived
fuel for heavy-duty and light-duty diesel engines and
the aviation sector; and
(B) the production costs associated with domestic
production of those ultra clean fuel and prices for
consumers.
(4) Reports.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of
Representatives--
(A) not later than October 1, 2006, an interim
report on actions taken to carry out this subsection;
and
(B) not later than December 1, 2007, a final report
on actions taken to carry out this subsection.
(b) Commercial Products From Coal and Petroleum Coke-Based Fischer-
Tropsch Process Loan Guarantee Program.--
(1) In general.--Funds made available under paragraph (7)
may be provided for the cost (as defined in the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees
to carry out domestic coal and petroleum coke-based Fischer-
Tropsch commercial demonstration projects for the production of
diesel and jet transportation fuel.
(2) Demonstration projects.--
(A) In general.--Subject to paragraph (5), the
Administrator, in consultation with the Secretary of
the Treasury and Secretary of Energy, shall issue loan
guarantees under this subsection to carry out not more
than 2 projects to commercially demonstrate the
feasibility and viability of converting coal and
petroleum coke, a refinery byproduct, into ultra-clean
Fischer-Tropsch diesel or jet fuel, including--
(i) 1 project to convert coal into ultra-
clean Fischer-Tropsch transportation fuel; and
(ii) 1 project to convert a blend of coal
and petroleum coke into ultra-clean Fischer-
Tropsch transportation fuel.
(B) Design capacity.--Each project shall have a
design capacity to produce at least 100,000,000 gallons
of Fischer-Tropsch diesel or jet fuel each year.
(3) Applicant assurances.--An applicant for a loan
guarantee under this subsection shall provide assurances,
satisfactory to the Administrator, that--
(A) the recipient has demonstrated the Fischer-
Tropsch process of the applicant through the operation
of a domestic continuous process facility with a
cumulative output of at least 50,000 gallons of diesel
or jet fuel;
(B) the demonstration project--
(i) has been subject to a full technical
review;
(ii) is covered by adequate production
volume guarantees; and
(iii) with the loan guarantee, is
economically viable within the project life;
and
(C) there is a reasonable assurance of repayment of
the guaranteed loan.
(4) Limitations.--
(A) Maximum guarantee.--Except as provided in
subparagraph (B), a loan guarantee under this
subsection may be issued for up to 80 percent of the
estimated cost of a project, but may not exceed
$750,000,000 for a project.
(B) Additional guarantees.--
(i) In general.--The Administrator may
issue additional loan guarantees for a project
to cover up to 80 percent of the excess of
actual project cost over estimated project cost
but not to exceed 15 percent of the amount of
the original guarantee.
(ii) Principal and interest.--Subject to
subparagraph (A), the Administrator shall
guarantee 100 percent of the principal and
interest of a loan guarantee made under
subparagraph (A).
(5) Insufficient amounts.--If the amount made available to
carry out this subsection is insufficient to allow the
Administrator to make loan guarantees for the 2 projects
described in paragraph (2), the Administrator shall issue loan
guarantees for 1 qualifying project under this subsection based
on the criteria established under paragraph (3), with the
priority given to a coal-based project.
(6) Approval.--An application for a loan guarantee under
this subsection shall be approved or disapproved by the
Administrator not later than 90 days after the application is
received by the Administrator.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10436-10437)
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 109-1001.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line