I 

110TH CONGRESS 

1ST SESSION H. R. 2471 

To provide for streamlining the process of Federal approval for construction 

or expansion of petroleum refineries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2007 

Mr. TIAHRT (for himself, Mr. PAUL, Mr. BROWN of South Carolina, Mr. 

TERRY, Mr. SENSENBRENNER, Mr. BOOZMAN, and Mrs. CAPITO) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To provide for streamlining the process of Federal approval 

for construction or expansion of petroleum refineries, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Refinery Streamlined 

5 Permitting Act of 2007’’. 

6 SEC. 2. REVIEW PROCESS STREAMLINING. 

7 (a) ASSISTANCE TO STATES.—The Secretary of En8 ergy shall offer to States assistance to enable the States 

9 to assign responsibilities delegated to the States, under 


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1 Federal laws relating to the construction or expansion of 

2 a petroleum refining facility, in a coordinated and expedi3 tious manner. 

4 (b) MEMORANDUM OF UNDERSTANDING.—All Fed5 eral agencies, and all State agencies to which responsibil6 ities are delegated under Federal law, responsible for ap7 proving a permit or other Federal authorization for the 

8 construction or expansion of a petroleum refining facility 

9 shall enter into a memorandum of understanding with re10 spect to that facility, or proposed facility, that clearly de11 fines all actions required to be taken for Federal permit 

12 review and approval. The memorandum of understanding 

13 shall identify areas where Federal and State agencies can 

14 exercise discretion, and where multiple levels of review on 

15 permitting decisions can be coordinated, to enable a more 

16 expeditious review process. 

17 (c) APPROVAL DEADLINE.—Notwithstanding any 

18 other provision of law, a Federal agency, and a State 

19 agency to which responsibilities are delegated under Fed20 eral law, shall take final action to approve or disapprove 

21 an application under Federal law for the construction or 

22 expansion of a petroleum refining facility not later than 

23 1 year after receipt of a complete application for such ap24 proval. 


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1 (d) PRIORITY PROJECTS.—A Federal agency, and a 

2 State agency to which responsibilities are delegated under 

3 Federal law, shall give high priority to expediting an appli4 cation under Federal law for the construction or expansion 

5 of a petroleum refining facility that would— 

6 (1) allow for production of cleaner burning fuel; 

7 (2) result in increased refining capacity; or 

8 (3) result in a reduction in a refinery’s pollu9 tion output. 

10 SEC. 3. STATEMENT OF ENERGY EFFECTS. 

11 (a) PREPARATION.— 

12 (1) REQUIREMENT.—An agency shall prepare 

13 and submit a Statement of Energy Effects to the 

14 Administrator of the Office of Information and Reg15 ulatory Affairs, Office of Management and Budget, 

16 for each proposed significant energy action. 

17 (2) CONTENTS.—A Statement of Energy Ef18 fects shall consist of a detailed statement by the 

19 agency responsible for the significant energy action 

20 relating to— 

21 (A) any adverse effects on energy supply, 

22 distribution, or use (including a shortfall in 

23 supply, price increases, and increased use of 

24 foreign supplies) should the proposal be imple25 mented; and 


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1 (B) reasonable alternatives to the action 

2 with adverse energy effects, and the expected 

3 effects of such alternatives on energy supply, 

4 distribution, and use. 

5 (3) GUIDANCE AND CONSULTATION.—The Ad6 ministrator of the Office of Information and Regu7 latory Affairs shall provide guidance to the agencies 

8 on the implementation of this section and shall con9 sult with other agencies as appropriate in the imple10 mentation of this section. 

11 (b) PUBLICATION.—Agencies shall publish their 

12 Statements of Energy Effects, or a summary thereof, in 

13 each related Notice of Proposed Rulemaking and in any 

14 resulting Final Rule. 

15 (c) DEFINITIONS.—For purposes of this section— 

16 (1) the term ‘‘agency’’ has the meaning given 

17 that term in section 3502(1) of title 44, United 

18 States Code, except that the term does not include 

19 an independent regulatory agency, as defined in 

20 paragraph (5) of that section; and 

21 (2) the term ‘‘significant energy action’’ means 

22 any action by an agency that is expected to lead to 

23 promulgation of a final rule or regulation and that— 


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1 (A) is likely to have a significant adverse 

2 effect on the supply, distribution, or use of en3 ergy; or 

4 (B) is designated by the Administrator of 

5 the Office of Information and Regulatory Af6 fairs as a significant energy action. 

Æ 


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