278 
line, diesel fuel, fuel oil, lubricating oil, liquid petro-
leum gas, or other petroleum distillate that is pro-
duced through the refining or processing of crude oil 
or an oil derived from tar sands, shale, or coal. 
(4) REFINERY.—The term ‘‘refinery’’ means a 
facility used in the production of a refined petroleum 
product through distillation, cracking, or any other 
process. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) REVIEW AND ANALYSIS OF AVAILABLE INFORMA-
TION.—The Administrator shall, on an ongoing basis— 
(1) review information on planned refinery out-
ages that is available from commercial reporting 
services; 
(2) analyze that information to determine 
whether the scheduling of a planned refinery outage 
may nationally or regionally affect the price or sup-
ply of any refined petroleum product by— 
(A) decreasing the production of the re-
fined petroleum product; and 
(B) causing or contributing to a retail or 
wholesale supply shortage or disruption; 
(3) not less frequently than twice each year, 
submit to the Secretary a report describing the re-
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279 
sults of the review and analysis under paragraphs 
(1) and (2); and 
(4) specifically alert the Secretary of any 
planned refinery outage that the Administrator de-
termines may nationally or regionally affect the price 
or supply of a refined petroleum product. 
(c) ACTION BY SECRETARY.—On a determination by 
the Secretary, based on a report or alert under paragraph 
(3) or (4) of subsection (b), that a planned refinery outage 
may affect the price or supply of a refined petroleum prod-
uct, the Secretary shall make available to refinery opera-
tors information on planned refinery outages to encourage 
reductions of the quantity of refinery capacity that is out 
of service at any time. 
(d) LIMITATION.—Nothing in this section shall alter 
any existing legal obligation or responsibility of a refinery 
operator, or create any legal right of action, nor shall this 
section authoirze the Secretary— 
(1) to prohibit a refinery operator from con-
ducting a planned refinery outage; or 
(2) to require a refinery operator to continue to 
operate a refinery. 
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280 
SEC. 281. TECHNICAL CRITERIA FOR CLEAN COAL POWER 
INITIATIVE. 
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 
2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is amended by strik-
ing subclause (I) and inserting the following: 
‘‘(I)(aa) to remove at least 99 
percent of sulfur dioxide; or 
‘‘(bb) to emit not more than 0.04 
pound SO2 per million Btu, based on 
a 30-day average;’’. 
SEC. 282. ADMINISTRATION. 
Section 106 of the Alaska Natural Gas Pipeline Act 
(15 U.S.C. 720d) is amended by adding at the end the 
following: 
‘‘(h) ADMINISTRATION.— 
‘‘(1) PERSONNEL APPOINTMENTS.— 
‘‘(A) IN GENERAL.—The Federal Coordi-
nator may appoint and terminate such per-
sonnel as the Federal Coordinator determines 
to be appropriate. 
‘‘(B) AUTHORITY
OF
FEDERAL
COORDI-
NATOR.—Personnel appointed by the Federal 
Coordinator under subparagraph (A) shall be 
appointed without regard to the provisions of 
title 5, United States Code, governing appoint-
ments in the competitive service. 
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281 
‘‘(2) COMPENSATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), personnel appointed by the Federal 
Coordinator under paragraph (1)(A) shall be 
paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of title 5, 
United States Code (relating to classification 
and General Schedule pay rates). 
‘‘(B) MAXIMUM
LEVEL
OF
COMPENSA-
TION.—The rate of pay for personnel appointed 
by the Federal Coordinator under paragraph 
(1)(A) shall not exceed the maximum level of 
rate payable for level III of the Executive 
Schedule. 
‘‘(C) APPLICABILITY OF SECTION 5941.— 
Section 5941 of title 5, United States Code, 
shall apply to personnel appointed by the Fed-
eral Coordinator under paragraph (1)(A). 
‘‘(3) TEMPORARY SERVICES.— 
‘‘(A) IN GENERAL.—The Federal Coordi-
nator may procure temporary and intermittent 
services in accordance with section 3109(b) of 
title 5, United States Code. 
‘‘(B) MAXIMUM
LEVEL
OF
COMPENSA-
TION.—The level of compensation of an indi-
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282 
vidual employed on a temporary or intermittent 
basis under subparagraph (A) shall not exceed 
the maximum level of rate payable for level III 
of the Executive Schedule. 
‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 
‘‘(A) IN GENERAL.—The Federal Coordi-
nator shall have the authority to establish, 
change, and abolish reasonable filing and serv-
ice fees, charges, and commissions, require de-
posits of payments, and provide refunds as pro-
vided to the Secretary of the Interior in section 
304 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1734), except 
that the authority shall be with respect to the 
duties of the Federal Coordinator, as delineated 
in the Alaska Natural Gas Pipeline Act (15 
U.S.C. 720 et seq.), as amended. 
‘‘(B) AUTHORITY OF SECRETARY OF THE 
INTERIOR.—Subparagraph (A) shall not affect 
the authority of the Secretary of the Interior to 
establish, change, and abolish reasonable filing 
and service fees, charges, and commissions, re-
quire deposits of payments, and provide refunds 
under section 304 of the Federal Land Policy 
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