II 

109TH CONGRESS 

1ST SESSION S. 1711 

To allow the Administrator of the Environmental Protection Agency to waive 

or modify the application of certain requirements. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Mr. INHOFE (for himself and Mr. VITTER) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To allow the Administrator of the Environmental Protection 

Agency to waive or modify the application of certain 

requirements. 

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

3 SECTION 1. WAIVERS AND MODIFICATIONS OF APPLICA4 BILITY OF CERTAIN REQUIREMENTS. 

5 (a) WAIVERS AND MODIFICATIONS.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, except as provided in paragraph 

8 (2), with respect to the 120-day period beginning on 

9 August 26, 2005, the Administrator of the Environ-
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1 mental Protection Agency, in consultation with the 

2 Governor of any affected State, as determined by the 

3 Administrator, may waive or modify the application 

4 of any requirement that is contained in any law (in5 cluding a regulation) under the administrative juris6 diction of, or that applies to any project or activity 

7 carried out by, the Environmental Protection Agen8 cy, if the Administrator determines that the waiver 

9 or modification— 

10 (A) is necessary to respond, in a timely 

11 and effective manner, to a situation or damage 

12 relating to Hurricane Katrina; and 

13 (B) is in the public interest, taking into 

14 consideration— 

15 (i) any emergency condition relating 

16 to Hurricane Katrina; and 

17 (ii) any consequence to public health 

18 or the environment of providing the waiver 

19 or modification. 

20 (2) EXTENSIONS.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the Administrator may ex23 tend or modify a waiver or modification under 

24 paragraph (1) for a period of longer than 120 
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1 days, as the Administrator determines to be ap2 propriate. 

3 (B) LIMITATION.—An extension under 

4 subparagraph (A) shall expire not later than 

5 the date that is 18 months after the date of en6 actment of this Act. 

7 (3) EFFECTS OF WAIVERS AND MODIFICA8 TIONS.—Any effect of a waiver or modification 

9 under paragraph (1) shall be considered to be in ac10 cordance with the requirements of the waiver or 

11 modification, regardless of whether the effect occurs 

12 during the effective period of the waiver or modifica13 tion. 

14 (b) NOTICE TO CONGRESS.— 

15 (1) INITIAL NOTICE.—Not later than 14 days 

16 after the date of enactment of this Act, the Adminis17 trator shall submit to the Committee on Environ18 ment and Public Works of the Senate and the Com19 mittees on Transportation and Infrastructure and 

20 Energy and Commerce of the House of Representa21 tives an initial notice of any waiver or modification 

22 provided under this section during the period begin23 ning on August 26, 2005, and ending on the date 

24 on which the notice is submitted, including a jus25 tification of the waiver or modification. 
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1 (2) SUBSEQUENT NOTIFICATIONS.—Not later 

2 than 14 days after the date on which the Adminis3 trator submits the initial notice under paragraph 

4 (1), and every 14 days thereafter, the Administrator 

5 shall submit to the Committee on Environment and 

6 Public Works of the Senate and the Committees on 

7 Transportation and Infrastructure and Energy and 

8 Commerce of the House of Representatives a notice 

9 of any waiver or modification provided by the Ad10 ministrator under this section during the preceding 

11 14 days, including a justification of the waiver or 

12 modification. 

13 (c) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Administrator shall submit 

15 to the Committee on Environment and Public Works of 

16 the Senate and the Committees on Transportation and In17 frastructure and Energy and Commerce of the House of 

18 Representatives a report describing— 

19 (1) any provision of a statute or regulation that 

20 may have contributed to a delayed response or a 

21 delay in the provision of a recovery effort relating to 

22 Hurricane Katrina or a related condition; and 

23 (2) recommendations for statutory and regu24 latory actions necessary to expedite or facilitate re-
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1 covery efforts relating to a major disaster or emer2 gency, as determined by the Administrator. 

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