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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4815 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4815

        To clarify regulatory certainty, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2022

 Mrs. Capito (for herself, Mr. McConnell, Mr. Thune, Mr. Grassley, Mr. 
  Cramer, Mr. Inhofe, Mrs. Hyde-Smith, Mr. Cassidy, Mr. Hagerty, Mr. 
Risch, Mrs. Fischer, Mr. Johnson, Mr. Braun, Mr. Graham, Mr. Blunt, Mr. 
Barrasso, Mr. Sasse, Mr. Tillis, Mr. Toomey, Mr. Rounds, Ms. Ernst, Mr. 
  Wicker, Ms. Lummis, Mr. Crapo, Mr. Young, Mr. Cruz, Mr. Hoeven, Mr. 
Moran, Mrs. Blackburn, Ms. Murkowski, Mr. Scott of Florida, Mr. Cotton, 
   Mr. Marshall, Mr. Burr, Mr. Daines, Mr. Shelby, Mr. Sullivan, Mr. 
 Tuberville, Mr. Rubio, Mr. Cornyn, Mr. Boozman, Mr. Kennedy, and Mr. 
Scott of South Carolina) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
        To clarify regulatory certainty, 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.

    This Act may be cited as the ``Simplify Timelines and Assure 
Regulatory Transparency Act'' or the ``START Act''.

SEC. 2. CODIFICATION OF NEPA REGULATIONS.

    The revisions to the Code of Federal Regulations made pursuant to 
the final rule of the Council on Environmental Quality titled ``Update 
to the Regulations Implementing the Procedural Provisions of the 
National Environmental Policy Act'' and published on July 16, 2020 (85 
Fed. Reg. 43304), shall have the same force and effect of law as if 
enacted by an Act of Congress.

SEC. 3. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL WATER 
              POLLUTION CONTROL ACT.

    (a) Waters of the United States.--The definitions of the term 
``waters of the United States'' and the other terms defined in section 
328.3 of title 33, Code of Federal Regulations (as in effect on January 
1, 2021), are enacted into law.
    (b) Codification of Section 401 Certification Rule.--The final rule 
of the Environmental Protection Agency entitled ``Clean Water Act 
Section 401 Certification Rule'' (85 Fed. Reg. 42210 (July 13, 2020)) 
is enacted into law.
    (c) Codification of Nationwide Permits.--The Nationwide Permits 
issued, reissued, or modified, as applicable, in the following final 
rules of the Corps of Engineers are enacted into law:
            (1) The final rule of the Corps of Engineers entitled 
        ``Reissuance and Modification of Nationwide Permits'' (86 Fed. 
        Reg. 2744 (January 13, 2021)).
            (2) The final rule of the Corps of Engineers entitled 
        ``Reissuance and Modification of Nationwide Permits'' (86 Fed. 
        Reg. 73522 (December 27, 2021)).
    (d) National Pollutant Discharge Elimination System.--Section 
402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 
1342(b)(1)(B)) is amended by striking ``five years'' and inserting ``10 
years''.

SEC. 4. PROHIBITION ON USE OF SOCIAL COST OF GREENHOUSE GAS ESTIMATES 
              RAISING GASOLINE PRICES.

    (a) In General.--In promulgating regulations, issuing guidance, or 
taking any agency action (as defined in section 551 of title 5, United 
States Code) relating to the social cost of greenhouse gases, no 
Federal agency shall adopt or otherwise use any estimates for the 
social cost of greenhouse gases that may raise gasoline prices, as 
determined through a review by the Energy Information Administration.
    (b) Inclusion.--The estimates referred to in subsection (a) include 
the interim estimates in the document of the Interagency Working Group 
on the Social Cost of Greenhouse Gases entitled ``Technical Support 
Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim 
Estimates under Executive Order 13990'' and dated February 2021.

SEC. 5. EXPEDITING PERMITTING AND REVIEW PROCESSES.

    (a) Definitions.--In this section:
            (1) Authorization.--The term ``authorization'' means any 
        license, permit, approval, finding, determination, or other 
        administrative decision issued by a Federal department or 
        agency that is required or authorized under Federal law in 
        order to site, construct, reconstruct, or commence operations 
        of an energy project, including any authorization described in 
        section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
            (2) Energy project.--The term ``energy project'' means any 
        project involving the exploration, development, production, 
        transportation, combustion, transmission, or distribution of an 
        energy resource or electricity for which--
                    (A) an authorization is required under a Federal 
                law other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.); and
                    (B)(i) the head of the lead agency has determined 
                that an environmental impact statement is required; or
                    (ii) the head of the lead agency has determined 
                that an environmental assessment is required, and the 
                project sponsor requests that the project be treated as 
                an energy project.
            (3) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts required to be prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            (4) Environmental review and authorization process.--The 
        term ``environmental review and authorization process'' means--
                    (A) the process for preparing for an energy project 
                an environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                prepared under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.); and
                    (B) the completion of any authorization decision 
                required for an energy project under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (5) Lead agency.--The term ``lead agency'' means--
                    (A) the Department of Energy;
                    (B) the Department of the Interior;
                    (C) the Department of Agriculture;
                    (D) the Federal Energy Regulatory Commission;
                    (E) the Nuclear Regulatory Commission; or
                    (F) any other appropriate Federal agency, as 
                applicable, that may be responsible for navigating the 
                energy project through the environmental review and 
                authorization process.
            (6) Project sponsor.--The term ``project sponsor'' means an 
        agency or other entity, including any private or public-private 
        entity, that seeks approval from a lead agency for an energy 
        project.
    (b) Timely Authorizations for Energy Projects.--
            (1) In general.--
                    (A) Deadline.--Except as provided in subparagraph 
                (C), all authorization decisions necessary for the 
                construction of an energy project shall be completed by 
                not later than 90 days after the date of the issuance 
                of a record of decision for the energy project by the 
                lead agency.
                    (B) Detail.--The final environmental impact 
                statement for an energy project shall include an 
                adequate level of detail to inform decisions necessary 
                for the role of any Federal agency involved in the 
                environmental review and authorization process for the 
                energy project.
                    (C) Extension of deadline.--The head of a lead 
                agency may extend the deadline under subparagraph (A) 
                if--
                            (i) Federal law prohibits the lead agency 
                        or another agency from issuing an approval or 
                        permit within the period described in that 
                        subparagraph;
                            (ii) the project sponsor requests that the 
                        permit or approval follow a different timeline; 
                        or
                            (iii) an extension would facilitate 
                        completion of the environmental review and 
                        authorization process of the energy project.
            (2) Energy project schedule.--To the maximum extent 
        practicable and consistent with applicable Federal law, for an 
        energy project, the lead agency shall develop, in concurrence 
        with the project sponsor, a schedule for the energy project 
        that is consistent with a time period of not more than 2 years 
        for the completion of the environmental review and 
        authorization process for an energy project, as measured from, 
        as applicable--
                    (A) the date of publication of a notice of intent 
                to prepare an environmental impact statement to the 
                record of decision; or
                    (B) the date on which the head of the lead agency 
                determines that an environmental assessment is required 
                to a finding of no significant impact.
            (3) Length of environmental impact statement.--
                    (A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), to the maximum extent practicable, the text of the 
                items described in paragraphs (4) through (6) of 
                section 1502.10(a) of title 40, Code of Federal 
                Regulations (or successor regulations), of an 
                environmental impact statement for an energy project 
                shall be 200 pages or fewer.
                    (B) Exemption.--The text referred to in 
                subparagraph (A) of an environmental impact statement 
                for an energy project may exceed 200 pages if the lead 
                agency establishes a new page limit for the 
                environmental impact statement for that energy project.
    (c) Deadline for Filing Energy-Related Causes of Action.--
            (1) Definitions.--In this subsection:
                    (A) Agency action.--The term ``agency action'' has 
                the meaning given the term in section 551 of title 5, 
                United States Code.
                    (B) Energy-related cause of action.--The term 
                ``energy-related cause of action'' means a cause of 
                action that--
                            (i) is filed on or after the date of 
                        enactment of this Act; and
                            (ii) seeks judicial review of a final 
                        agency action to issue a permit, license, or 
                        other form of agency permission for an energy 
                        project.
            (2) Deadline for filing.--
                    (A) In general.--Notwithstanding any other 
                provision of Federal law, an energy-related cause of 
                action shall be filed by--
                            (i) not later than 60 days after the date 
                        of publication of the applicable final agency 
                        action; or
                            (ii) if another Federal law provides for an 
                        earlier deadline than the deadline described in 
                        clause (i), the earlier deadline.
                    (B) Prohibition.--An energy-related cause of action 
                that is not filed within the applicable time period 
                described in subparagraph (A) shall be barred.
    (d) Application of Categorical Exclusions for Energy Projects.--In 
carrying out requirements under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) for an energy project, a Federal 
agency may use categorical exclusions designated under that Act in the 
implementing regulations of any other agency, subject to the conditions 
that--
            (1) the agency makes a determination, in consultation with 
        the lead agency, that the categorical exclusion applies to the 
        energy project;
            (2) the energy project satisfies the conditions for a 
        categorical exclusion under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
            (3) the use of the categorical exclusion does not otherwise 
        conflict with the implementing regulations of the agency, 
        except any list of the agency that designates categorical 
        exclusions.

SEC. 6. FRACTURING AUTHORITY WITHIN STATES.

    (a) Definition of Federal Land.--In this section, the term 
``Federal land'' means--
            (1) public lands (as defined in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702));
            (2) National Forest System land;
            (3) land under the jurisdiction of the Bureau of 
        Reclamation; and
            (4) land under the jurisdiction of the Corps of Engineers.
    (b) State Authority.--
            (1) In general.--A State shall have the sole authority to 
        promulgate or enforce any regulation, guidance, or permit 
        requirement regarding the treatment of a well by the 
        application of fluids under pressure to which propping agents 
        may be added for the expressly designed purpose of initiating 
        or propagating fractures in a target geologic formation in 
        order to enhance production of oil, natural gas, or geothermal 
        production activities on or under any land within the 
        boundaries of the State.
            (2) Federal land.--The treatment of a well by the 
        application of fluids under pressure to which propping agents 
        may be added for the expressly designed purpose of initiating 
        or propagating fractures in a target geologic formation in 
        order to enhance production of oil, natural gas, or geothermal 
        production activities on Federal land shall be subject to the 
        law of the State in which the land is located.

SEC. 7. FEDERAL LAND FREEDOM.

    (a) Definitions.--In this section:
            (1) Available federal land.--The term ``available Federal 
        land'' means any Federal land that, as of May 31, 2013--
                    (A) is located within the boundaries of a State;
                    (B) is not held by the United States in trust for 
                the benefit of a federally recognized Indian Tribe;
                    (C) is not a unit of the National Park System;
                    (D) is not a unit of the National Wildlife Refuge 
                System; and
                    (E) is not a congressionally designated wilderness 
                area.
            (2) State.--The term ``State'' means--
                    (A) a State; and
                    (B) the District of Columbia.
            (3) State leasing, permitting, and regulatory program.--The 
        term ``State leasing, permitting, and regulatory program'' 
        means a program established pursuant to State law that 
        regulates the exploration and development of oil, natural gas, 
        and other forms of energy on land located in the State.
    (b) State Control of Energy Development and Production on All 
Available Federal Land.--
            (1) State leasing, permitting, and regulatory programs.--
        Any State that has established a State leasing, permitting, and 
        regulatory program may--
                    (A) submit to the Secretaries of the Interior, 
                Agriculture, and Energy a declaration that a State 
                leasing, permitting, and regulatory program has been 
                established or amended; and
                    (B) seek to transfer responsibility for leasing, 
                permitting, and regulating oil, natural gas, and other 
                forms of energy development from the Federal Government 
                to the State.
            (2) State action authorized.--Notwithstanding any other 
        provision of law, on submission of a declaration under 
        paragraph (1)(A), the State submitting the declaration may 
        lease, permit, and regulate the exploration and development of 
        oil, natural gas, and other forms of energy on Federal land 
        located in the State in lieu of the Federal Government.
            (3) Effect of state action.--Any action by a State to 
        lease, permit, or regulate the exploration and development of 
        oil, natural gas, and other forms of energy pursuant to 
        paragraph (2) shall not be subject to, or considered a Federal 
        action, Federal permit, or Federal license under--
                    (A) subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'');
                    (B) division A of subtitle III of title 54, United 
                States Code;
                    (C) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); or
                    (D) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
    (c) No Effect on Federal Revenues.--
            (1) In general.--Any lease or permit issued by a State 
        pursuant to subsection (b) shall include provisions for the 
        collection of royalties or other revenues in an amount equal to 
        the amount of royalties or revenues that would have been 
        collected if the lease or permit had been issued by the Federal 
        Government.
            (2) Disposition of revenues.--Any revenues collected by a 
        State from leasing or permitting on Federal land pursuant to 
        subsection (b) shall be deposited in the same Federal account 
        in which the revenues would have been deposited if the lease or 
        permit had been issued by the Federal Government.
            (3) Effect on state processing fees.--Nothing in this 
        section prohibits a State from collecting and retaining a fee 
        from an applicant to cover the administrative costs of 
        processing an application for a lease or permit.

SEC. 8. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.

    (a) Definition of Mountain Valley Pipeline.--In this section, the 
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline 
project, as generally described and approved in Federal Energy 
Regulatory Commission Docket Nos. CP16-10 and CP19-477.
    (b) Expedited Approval.--Notwithstanding any other provision of 
law, not later than 21 days after the date of enactment of this Act and 
for the purpose of facilitating the completion of the Mountain Valley 
Pipeline--
            (1) the Secretary of the Army shall issue all permits or 
        verifications necessary--
                    (A) to complete the construction of the Mountain 
                Valley Pipeline across the waters of the United States; 
                and
                    (B) to allow for the operation and maintenance of 
                the Mountain Valley Pipeline;
            (2) the Secretary of Agriculture shall amend the Land and 
        Resource Management Plan for the Jefferson National Forest in a 
        manner that is substantively identical to the record of 
        decision with respect to the Mountain Valley Pipeline issued on 
        January 11, 2021; and
            (3) the Secretary of the Interior shall--
                    (A) reissue the biological opinion and incidental 
                take statement for the Mountain Valley Pipeline in a 
                manner that is substantively identical to the 
                biological opinion and incidental take statement 
                previously issued on September 4, 2020; and
                    (B) grant all necessary rights-of-way and temporary 
                use permits in a manner that is substantively identical 
                to those permits approved in the record of decision 
                with respect to the Mountain Valley Pipeline issued on 
                January 14, 2021.
    (c) Judicial Review.--No action taken by the Secretary of the Army, 
the Federal Energy Regulatory Commission, the Secretary of Agriculture, 
or the Secretary of the Interior that grants an authorization, permit, 
verification, biological opinion, incidental take statement, or any 
other approval related to the Mountain Valley Pipeline, including the 
issuance of any authorization, permit, verification, authorization, 
biological opinion, incidental take statement, or other approval 
described in subsection (b), shall be subject to judicial review.
    (d) Effect.--This section preempts any statute (including any other 
section of this Act), regulation, judicial decision, or agency guidance 
that is inconsistent with the issuance of any authorization, permit, 
verification, authorization, biological opinion, incidental take 
statement, or other approval described in subsection (b).

SEC. 9. FASTER PROJECT CONSULTATION.

    Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``90-day'' and 
        inserting ``60-day''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``90 days'' and inserting 
                        ``60 days''; and
                            (ii) by striking ``90th day'' and inserting 
                        ``60th day'';
                    (B) in clause (i), in the matter preceding 
                subclause (I), by striking ``150th day'' and inserting 
                ``100th day''; and
                    (C) in clause (ii), by striking ``150 or more'' and 
                inserting ``100 or more''.

SEC. 10. NEW SOURCE REVIEW PERMITTING.

    (a) Clarification of Definition of a Modification for Emission Rate 
Increases, Pollution Control, Efficiency, Safety, and Reliability 
Projects.--Paragraph (4) of section 111(a) of the Clean Air Act (42 
U.S.C. 7411(a)) is amended--
            (1) by inserting ``(A)'' before ``The term'';
            (2) by inserting before the period at the end the 
        following: ``. For purposes of the preceding sentence, a change 
        increases the amount of any air pollutant emitted by such 
        source only if the maximum hourly emission rate of an air 
        pollutant that is achievable by such source after the change is 
        higher than the maximum hourly emission rate of such air 
        pollutant that was achievable by such source during any hour in 
        the 10-year period immediately preceding the change''; and
            (3) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), the term 
        `modification' does not include a change at a stationary source 
        that is designed--
                    ``(i) to reduce the amount of any air pollutant 
                emitted by the source per unit of production; or
                    ``(ii) to restore, maintain, or improve the 
                reliability of operations at, or the safety of, the 
                source,
        except, with respect to either clause (i) or (ii), when the 
        change would be a modification as defined in subparagraph (A) 
        and the Administrator determines that the increase in the 
        maximum achievable hourly emission rate of a pollutant from 
        such change would cause an adverse effect on human health or 
        the environment.''.
    (b) Clarification of Definition of Construction for Prevention of 
Significant Deterioration.--Subparagraph (C) of section 169(2) of the 
Clean Air Act (42 U.S.C. 7479(2)) is amended to read as follows:
                    ``(C) The term `construction', when used in 
                connection with a major emitting facility, includes a 
                modification (as defined in section 111(a)) at such 
                facility, except that for purposes of this subparagraph 
                a modification does not include a change at a major 
                emitting facility that does not result in a significant 
                emissions increase, or a significant net emissions 
                increase, in annual actual emissions at such 
                facility.''.
    (c) Clarification of Definition of Modifications and Modified for 
Nonattainment Areas.--Paragraph (4) of section 171 of the Clean Air Act 
(42 U.S.C. 7501) is amended to read as follows:
            ``(4) The terms `modifications' and `modified' mean a 
        modification as defined in section 111(a)(4), except that such 
        terms do not include a change at a major emitting facility that 
        does not result in a significant emissions increase, or a 
        significant net emissions increase, in annual actual emissions 
        at such facility.''.
    (d) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to treat any change 
as a modification for purposes of any provision of the Clean Air Act 
(42 U.S.C. 7401 et seq.) if such change would not have been so treated 
as of the day before the date of enactment of this Act.

SEC. 11. PROHIBITION ON RETROACTIVE PERMIT VETOES.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Authority of EPA Administrator.--
            ``(1) Possible prohibition of specification.--Until such 
        time as the Secretary has issued a permit under this section, 
        the Administrator may prohibit the specification (including the 
        withdrawal of specification) of any defined area as a disposal 
        site, and the Administrator may deny or restrict the use of any 
        defined area for specification (including the withdrawal of 
        specification) as a disposal site, whenever the Administrator 
        determines, after notice and opportunity for public hearings, 
        that the discharge of such materials into such area will have 
        an unacceptable adverse effect on municipal water supplies, 
        shellfish beds and fishery areas (including spawning and 
        breeding areas), wildlife, or recreational areas.
            ``(2) Consultation required.--Before making a determination 
        under paragraph (1), the Administrator shall consult with the 
        Secretary.
            ``(3) Written findings required.--The Administrator shall 
        set forth in writing and make public the findings and reasons 
        of the Administrator for making any determination under this 
        subsection.''.

SEC. 12. POLICY REVIEW UNDER THE CLEAN AIR ACT.

    Section 309 of the Clean Air Act (42 U.S.C. 7609) is amended to 
read as follows:

``SEC. 309. POLICY REVIEW.

    ``(a) Environmental Impact of Proposed Legislation.--
            ``(1) In general.--The Administrator shall review, and 
        comment in writing, on the environmental impact of any matter 
        relating to the duties and responsibilities granted to the 
        authority of the Administrator pursuant to this Act or any 
        other law contained in any legislation proposed by a Federal 
        department.
            ``(2) Publish.--A written comment referred to in paragraph 
        (1) shall be made public at the conclusion of any review 
        conducted under that paragraph.
    ``(b) Unsatisfactory Legislation.--In the event the Administrator 
determines that any legislation reviewed under subsection (a)(1) is 
unsatisfactory from the standpoint of public health, welfare, or 
environmental quality, the Administrator shall publish the 
determination of the Administrator and the matter shall be referred to 
the Council on Environmental Quality.''.
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