I 
110TH CONGRESS 
2D SESSION 
H. R. 6329 
To expedite the construction of new refining capacity on brownfield sites 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2008 
Mrs. CUBIN introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To expedite the construction of new refining capacity on 
brownfield sites in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘brownfield site’’ has the meaning 
given that term in section 101 of the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601); 
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(2) the term ‘‘designated refinery’’ means a re-
finery designated under section 2(a); 
(3) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, special use au-
thorizations, certifications, opinions, or other 
approvals required under Federal law with re-
spect to siting, construction, expansion, or oper-
ation of a refinery; 
(4) the term ‘‘refinery’’ means— 
(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil by any chemical or physical 
process, including distillation, fluid catalytic 
cracking, hydrocracking, coking, alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or other fuel; or 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
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and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline, diesel, or other liquid fuel as 
its primary output; 
(5) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(6) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States. 
SEC. 2. STATE PARTICIPATION AND SECRETARY’S DESIGNA-
TION. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Sec-
retary shall designate no less than 5 brownfield sites, or 
portions thereof, subject to subsection (c)(2), that are ap-
propriate and available for the purposes of siting a refin-
ery. 
(b) ANALYSIS OF REFINERY SITES.—In considering 
any site for possible designation under subsection (a), the 
Secretary shall conduct an analysis of— 
(1) the availability of crude oil supplies to the 
site, including supplies from domestic production of 
shale oil and tar sands and other strategic uncon-
ventional fuels; 
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(2) the distribution of the Nation’s refined pe-
troleum product demand; 
(3) whether such site is in close proximity to 
substantial pipeline infrastructure, including both 
crude oil and refined petroleum product pipelines, 
and potential infrastructure feasibility; 
(4) the need to diversify the geographical loca-
tion of the domestic refining capacity; 
(5) the effect that increased refined petroleum 
products from a refinery on that site may have on 
the price and supply of gasoline to consumers; and 
(6) such other factors as the Secretary con-
siders appropriate. 
(c) MAKING DESIGNATED SITES AVAILABLE.— 
(1) SECRETARY’S ROLE.—If a designated site is 
owned by the Federal Government, the Secretary 
shall take appropriate actions to make the site avail-
able for the construction of a refinery. If the site is 
not owned by the Federal Government, the Secretary 
shall facilitate the necessary transfer of interest in 
the site from a willing seller to enable the construc-
tion of a refinery on the site. 
(2) GOVERNOR’S OBJECTION.—No site may be 
used for a refinery under this Act if, not later than 
60 days after designation of the site under sub-
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section (a), the Governor of the State in which the 
site is located transmits to the Secretary an objec-
tion to the designation, unless, not later than 60 
days after the Secretary receives such objection, the 
Congress has by law overridden the objection. 
SEC. 3. PROCESS COORDINATION AND RULES OF PROCE-
DURE. 
(a) DESIGNATION AS LEAD AGENCY.— 
(1) IN GENERAL.—The Department of Energy 
shall act as the lead agency for the purposes of co-
ordinating all applicable Federal refinery authoriza-
tions and related environmental reviews with respect 
to a designated refinery. 
(2) OTHER
AGENCIES.—Each Federal and 
State agency or official required to provide a Fed-
eral refinery authorization shall cooperate with the 
Secretary and comply with the deadlines established 
by the Secretary. 
(b) SCHEDULE.— 
(1) SECRETARY’S AUTHORITY TO SET SCHED-
ULE.—The Secretary shall establish a schedule for 
all Federal refinery authorizations with respect to a 
designated refinery. In establishing the schedule, the 
Secretary shall— 
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(A) ensure expeditious completion of all 
such proceedings; and 
(B) accommodate the applicable schedules 
established by Federal law for such proceedings. 
(2) FAILURE TO MEET SCHEDULE.—If a Fed-
eral or State administrative agency or official does 
not complete a proceeding for an approval that is re-
quired for a Federal refinery authorization in ac-
cordance with the schedule established by the Sec-
retary under this subsection, the applicant may pur-
sue remedies under subsection (d). 
(c) CONSOLIDATED RECORD.—The Secretary shall, 
with the cooperation of Federal and State administrative 
agencies and officials, maintain a complete consolidated 
record of all decisions made or actions taken by the Sec-
retary or by a Federal administrative agency or officer (or 
State administrative agency or officer acting under dele-
gated Federal authority) with respect to any Federal re-
finery authorization. Such record shall be the record for 
judicial review under subsection (d) of decisions made or 
actions taken by Federal and State administrative agen-
cies and officials, except that, if the Court determines that 
the record does not contain sufficient information, the 
Court may remand the proceeding to the Secretary for fur-
ther development of the consolidated record. 
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(d) JUDICIAL REVIEW.— 
(1) IN GENERAL.—The United States Court of 
Appeals for the District of Columbia shall have 
original and exclusive jurisdiction over any civil ac-
tion for the review of— 
(A) an order or action, related to a Federal 
refinery authorization, by a Federal or State 
administrative agency or official; and 
(B) an alleged failure to act by a Federal 
or State administrative agency or official acting 
pursuant to a Federal refinery authorization. 
The failure of an agency or official to act on a Fed-
eral refinery authorization in accordance with the 
Secretary’s schedule established pursuant to sub-
section (b) shall be considered inconsistent with Fed-
eral law for the purposes of paragraph (2) of this 
subsection. 
(2) COURT ACTION.—If the Court finds that an 
order or action described in paragraph (1)(A) is in-
consistent with the Federal law governing such Fed-
eral refinery authorization, or that a failure to act 
as described in paragraph (1)(B) has occurred, and 
the order, action, or failure to act would prevent the 
siting, construction, expansion, or operation of the 
designated refinery, the Court shall remand the pro-
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ceeding to the agency or official to take appropriate 
action consistent with the order of the Court. If the 
Court remands the order, action, or failure to act to 
the Federal or State administrative agency or offi-
cial, the Court shall set a reasonable schedule and 
deadline for the agency or official to act on remand. 
(3) SECRETARY’S ACTION.—For any civil action 
brought under this subsection, the Secretary shall 
promptly file with the Court the consolidated record 
compiled by the Secretary pursuant to subsection 
(c). 
(4) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
(5) ATTORNEY’S
FEES.—In any action chal-
lenging a Federal refinery authorization that has 
been granted, reasonable attorney’s fees and other 
expenses of litigation shall be awarded to the pre-
vailing party. This paragraph shall not apply to any 
action seeking remedies for denial of a Federal refin-
ery authorization or failure to act on an application 
for a Federal refinery authorization. 
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SEC. 4. 5-YEAR EXTENSION OF ELECTION TO EXPENSE CER-
TAIN REFINERIES. 
(a) IN GENERAL.—Paragraph (1) of section 179C(c) 
of the Internal Revenue Code of 1986 (defining qualified 
refinery property) is amended— 
(1) by striking ‘‘January 1, 2012’’ in subpara-
graph (B) and inserting ‘‘January 1, 2017’’, and 
(2) by striking ‘‘January 1, 2008’’ each place 
it appears in subparagraph (F) and inserting ‘‘Janu-
ary 1, 2013’’. 
(b) 
IMPLEMENTATION
THROUGH
SECRETARIAL 
GUIDANCE.— 
(1) GUIDANCE.—Paragraph (1) of section 
179C(b) of such Code (relating to general rule for 
election) is amended by inserting ‘‘or other guid-
ance’’ after ‘‘regulations’’. 
(2) REPORTING.—Subsection (h) of section 
179C of such Code (relating to reporting) is amend-
ed by striking ‘‘shall require’’ and inserting ‘‘may, 
through guidance, require’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to property placed in service after De-
cember 31, 2007. 
(d) REQUIREMENT FOR ISSUANCE OF GUIDANCE.— 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Treasury shall issue regu-
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