I 
117TH CONGRESS 
2D SESSION 
H. R. 8966 
To clarify regulatory certainty, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2022 
Mr. KELLY of Pennsylvania introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Commit-
tees on Energy and Commerce, Transportation and Infrastructure, and 
Agriculture, 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 clarify regulatory certainty, 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. 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 Environ-
mental Quality titled ‘‘Update to the Regulations Imple-
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
menting the Procedural Provisions of the National Envi-
ronmental Policy Act’’ and published on July 16, 2020 
(85 Fed. Reg. 43304), shall have the same force and effect 
of law as if enacted by an Act of Congress. 
SEC. 3. PROVIDING REGULATORY CERTAINTY UNDER THE 
FEDERAL WATER POLLUTION CONTROL ACT. 
(a) WATERS OF THE UNITED STATES.—The defini-
tions of the term ‘‘waters of the United States’’ and the 
other terms defined in section 328.3 of title 33, Code of 
Federal Regulations (as in effect on January 1, 2021), 
are enacted into law. 
(b) CODIFICATION OF SECTION 401 CERTIFICATION 
RULE.—The final rule of the Environmental Protection 
Agency entitled ‘‘Clean Water Act Section 401 Certifi-
cation Rule’’ (85 Fed. Reg. 42210 (July 13, 2020)) is en-
acted into law. 
(c) CODIFICATION OF NATIONWIDE PERMITS.—The 
Nationwide Permits issued, reissued, or modified, as appli-
cable, in the following final rules of the Corps of Engineers 
are enacted into law: 
(1) The final rule of the Corps of Engineers en-
titled ‘‘Reissuance and Modification of Nationwide 
Permits’’ (86 Fed. Reg. 2744 (January 13, 2021)). 
(2) The final rule of the Corps of Engineers en-
titled ‘‘Reissuance and Modification of Nationwide 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
Permits’’ (86 Fed. Reg. 73522 (December 27, 
2021)). 
(d) NATIONAL
POLLUTANT
DISCHARGE
ELIMI-
NATION 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 GREEN-
HOUSE 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 Informa-
tion Administration. 
(b) INCLUSION.—The estimates referred to in sub-
section (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 In-
terim Estimates under Executive Order 13990’’ and dated 
February 2021. 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 5. EXPEDITING PERMITTING AND REVIEW PROC-
ESSES. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORIZATION.—The term ‘‘authoriza-
tion’’ means any license, permit, approval, finding, 
determination, or other administrative decision 
issued by a Federal department or agency that is re-
quired or authorized under Federal law in order to 
site, construct, reconstruct, or commence operations 
of an energy project, including any authorization de-
scribed in section 41001(3) of the FAST Act (42 
U.S.C. 4370m(3)). 
(2) ENERGY
PROJECT.—The term ‘‘energy 
project’’ means any project involving the exploration, 
development, production, transportation, combus-
tion, transmission, or distribution of an energy re-
source or electricity for which— 
(A) an authorization is required under a 
Federal law other than the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(B)(i) the head of the lead agency has de-
termined that an environmental impact state-
ment is required; or 
(ii) the head of the lead agency has deter-
mined that an environmental assessment is re-
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
quired, 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 re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(4) ENVIRONMENTAL REVIEW AND AUTHORIZA-
TION
PROCESS.—The term ‘‘environmental review 
and authorization process’’ means— 
(A) the process for preparing for an energy 
project an environmental impact statement, en-
vironmental 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 Envi-
ronmental 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; 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) the Department of Agriculture; 
(D) the Federal Energy Regulatory Com-
mission; 
(E) the Nuclear Regulatory Commission; 
or 
(F) any other appropriate Federal agency, 
as applicable, that may be responsible for navi-
gating the energy project through the environ-
mental review and authorization process. 
(6) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means an agency or other entity, including 
any private or public-private entity, that seeks ap-
proval from a lead agency for an energy project. 
(b) 
TIMELY
AUTHORIZATIONS
FOR
ENERGY 
PROJECTS.— 
(1) IN GENERAL.— 
(A) DEADLINE.—Except as provided in 
subparagraph (C), all authorization decisions 
necessary for the construction of an energy 
project shall be completed by not later than 90 
days after the date of the issuance of a record 
of decision for the energy project by the lead 
agency. 
(B) DETAIL.—The final environmental im-
pact statement for an energy project shall in-
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
clude an adequate level of detail to inform deci-
sions 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 de-
scribed in that subparagraph; 
(ii) the project sponsor requests that 
the permit or approval follow a different 
timeline; or 
(iii) an extension would facilitate com-
pletion of the environmental review and 
authorization process of the energy project. 
(2) ENERGY
PROJECT
SCHEDULE.—To the 
maximum extent practicable and consistent with ap-
plicable 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 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
and authorization process for an energy project, as 
measured from, as applicable— 
(A) the date of publication of a notice of 
intent to prepare an environmental impact 
statement to the record of decision; or 
(B) the date on which the head of the lead 
agency determines that an environmental as-
sessment is required to a finding of no signifi-
cant impact. 
(3) LENGTH
OF
ENVIRONMENTAL
IMPACT 
STATEMENT.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
subparagraph (B), to the maximum extent 
practicable, the text of the items described in 
paragraphs 
(4) 
through 
(6) 
of 
section 
1502.10(a) of title 40, Code of Federal Regula-
tions (or successor regulations), of an environ-
mental impact statement for an energy project 
shall be 200 pages or fewer. 
(B) EXEMPTION.—The text referred to in 
subparagraph (A) of an environmental impact 
statement for an energy project may exceed 200 
pages if the lead agency establishes a new page 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
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 sec-
tion 551 of title 5, United States Code. 
(B) ENERGY-RELATED
CAUSE
OF
AC-
TION.—The term ‘‘energy-related cause of ac-
tion’’ means a cause of action that— 
(i) is filed on or after the date of en-
actment 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 en-
ergy project. 
(2) DEADLINE FOR FILING.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of Federal law, an energy-re-
lated 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 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
(ii) if another Federal law provides for 
an earlier deadline than the deadline de-
scribed in clause (i), the earlier deadline. 
(B) 
PROHIBITION.—An 
energy-related 
cause of action that is not filed within the ap-
plicable time period described in subparagraph 
(A) shall be barred. 
(d) APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
ENERGY PROJECTS.—In carrying out requirements under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for an energy project, a Federal agency may 
use categorical exclusions designated under that Act in the 
implementing regulations of any other agency, subject to 
the conditions that— 
(1) the agency makes a determination, in con-
sultation with the lead agency, that the categorical 
exclusion applies to the energy project; 
(2) the energy project satisfies the conditions 
for a categorical exclusion under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(3) the use of the categorical exclusion does not 
otherwise conflict with the implementing regulations 
of the agency, except any list of the agency that des-
ignates categorical exclusions. 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 6. FRACTURING AUTHORITY WITHIN STATES. 
(a) DEFINITION OF FEDERAL LAND.—In this sec-
tion, 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 treat-
ment 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 prop-
agating 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 de-
signed purpose of initiating or propagating fractures 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
in a target geologic formation in order to enhance 
production of oil, natural gas, or geothermal produc-
tion activities on Federal land shall be subject to the 
law of the State in which the land is located. 
SEC. 7. FEDERAL LAND FREEDOM. 
(a) DEFINITIONS.—In this section: 
(1) AVAILABLE
FEDERAL
LAND.—The term 
‘‘available Federal land’’ means any Federal land 
that, as of May 31, 2013— 
(A) is located within the boundaries of a 
State; 
(B) is not held by the United States in 
trust for the benefit of a federally recognized 
Indian Tribe; 
(C) is not a unit of the National Park Sys-
tem; 
(D) is not a unit of the National Wildlife 
Refuge System; and 
(E) is not a congressionally designated wil-
derness area. 
(2) STATE.—The term ‘‘State’’ means— 
(A) a State; and 
(B) the District of Columbia. 
(3) STATE LEASING, PERMITTING, AND REGU-
LATORY PROGRAM.—The term ‘‘State leasing, per-
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
mitting, 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 REGU-
LATORY PROGRAMS.—Any State that has established 
a State leasing, permitting, and regulatory program 
may— 
(A) submit to the Secretaries of the Inte-
rior, Agriculture, and Energy a declaration that 
a State leasing, permitting, and regulatory pro-
gram has been established or amended; and 
(B) seek to transfer responsibility for leas-
ing, permitting, and regulating oil, natural gas, 
and other forms of energy development from 
the Federal Government to the State. 
(2) STATE
ACTION
AUTHORIZED.—Notwith-
standing 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, nat-
ural gas, and other forms of energy on Federal land 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
located in the State in lieu of the Federal Govern-
ment. 
(3) EFFECT OF STATE ACTION.—Any action by 
a State to lease, permit, or regulate the exploration 
and development of oil, natural gas, and other forms 
of energy pursuant to paragraph (2) shall not be 
subject to, or considered a Federal action, Federal 
permit, or Federal license under— 
(A) subchapter II of chapter 5, and chap-
ter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’); 
(B) division A of subtitle III of title 54, 
United States Code; 
(C) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); or 
(D) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(c) NO EFFECT ON FEDERAL REVENUES.— 
(1) IN GENERAL.—Any lease or permit issued 
by a State pursuant to subsection (b) shall include 
provisions for the collection of royalties or other rev-
enues in an amount equal to the amount of royalties 
or revenues that would have been collected if the 
lease or permit had been issued by the Federal Gov-
ernment. 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) DISPOSITION OF REVENUES.—Any revenues 
collected by a State from leasing or permitting on 
Federal land pursuant to subsection (b) shall be de-
posited 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 col-
lecting and retaining a fee from an applicant to 
cover the administrative costs of processing an appli-
cation for a lease or permit. 
SEC. 8. 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 insert-
ing ‘‘60 days’’; and 
(ii) by striking ‘‘90th day’’ and insert-
ing ‘‘60th day’’; 
(B) in clause (i), in the matter preceding 
subclause (I), by striking ‘‘150th day’’ and in-
serting ‘‘100th day’’; and 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) in clause (ii), by striking ‘‘150 or 
more’’ and inserting ‘‘100 or more’’. 
SEC. 9. NEW SOURCE REVIEW PERMITTING. 
(a) CLARIFICATION OF DEFINITION OF A MODIFICA-
TION FOR EMISSION RATE INCREASES, POLLUTION CON-
TROL, 
EFFICIENCY, 
SAFETY, 
AND
RELIABILITY 
PROJECTS.—Paragraph (4) of section 111(a) of the Clean 
Air Act (42 U.S.C. 7411(a)) is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘The term’’; 
(2) by inserting before the period at the end the 
following: ‘‘. For purposes of the preceding sentence, 
a change increases the amount of any air pollutant 
emitted by such source only if the maximum hourly 
emission rate of an air pollutant that is achievable 
by such source after the change is higher than the 
maximum hourly emission rate of such air pollutant 
that was achievable by such source during any hour 
in the 10-year period immediately preceding the 
change’’; and 
(3) by adding at the end the following: 
‘‘(B) Notwithstanding subparagraph (A), the 
term ‘modification’ does not include a change at a 
stationary source that is designed— 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(i) to reduce the amount of any air pol-
lutant emitted by the source per unit of produc-
tion; 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 envi-
ronment.’’. 
(b) CLARIFICATION OF DEFINITION OF CONSTRUC-
TION
FOR PREVENTION
OF SIGNIFICANT DETERIORA-
TION.—Subparagraph (C) of section 169(2) of the Clean 
Air Act (42 U.S.C. 7479(2)) is amended to read as fol-
lows: 
‘‘(C) The term ‘construction’, when used in 
connection with a major emitting facility, in-
cludes a modification (as defined in section 
111(a)) at such facility, except that for pur-
poses of this subparagraph a modification does 
not include a change at a major emitting facil-
ity that does not result in a significant emis-
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
sions increase, or a significant net emissions in-
crease, in annual actual emissions at such facil-
ity.’’. 
(c) CLARIFICATION OF DEFINITION OF MODIFICA-
TIONS AND MODIFIED FOR NONATTAINMENT AREAS.— 
Paragraph (4) of section 171 of the Clean Air Act (42 
U.S.C. 7501) is amended to read as follows: 
‘‘(4) The terms ‘modifications’ and ‘modified’ 
mean a modification as defined in section 111(a)(4), 
except that such terms do not include a change at 
a major emitting facility that does not result in a 
significant emissions increase, or a significant net 
emissions increase, in annual actual emissions at 
such facility.’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued to treat any change as a modification for purposes 
of any provision of the Clean Air Act (42 U.S.C. 7401 
et seq.) if such change would not have been so treated 
as of the day before the date of enactment of this Act. 
SEC. 10. PROHIBITION ON RETROACTIVE PERMIT VETOES. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended by striking subsection 
(c) and inserting the following: 
‘‘(c) AUTHORITY OF EPA ADMINISTRATOR.— 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(1) POSSIBLE
PROHIBITION
OF
SPECIFICA-
TION.—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 dis-
charge of such materials into such area will have an 
unacceptable adverse effect on municipal water sup-
plies, shellfish beds and fishery areas (including 
spawning and breeding areas), wildlife, or rec-
reational areas. 
‘‘(2) CONSULTATION REQUIRED.—Before mak-
ing a determination under paragraph (1), the Ad-
ministrator shall consult with the Secretary. 
‘‘(3) WRITTEN FINDINGS REQUIRED.—The Ad-
ministrator shall set forth in writing and make pub-
lic the findings and reasons of the Administrator for 
making any determination under this subsection.’’. 
SEC. 11. 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: 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘SEC. 309. POLICY REVIEW. 
‘‘(a) ENVIRONMENTAL IMPACT OF PROPOSED LEGIS-
LATION.— 
‘‘(1) IN GENERAL.—The Administrator shall re-
view, and comment in writing, on the environmental 
impact of any matter relating to the duties and re-
sponsibilities granted to the authority of the Admin-
istrator pursuant to this Act or any other law con-
tained in any legislation proposed by a Federal de-
partment. 
‘‘(2) PUBLISH.—A written comment referred to 
in paragraph (1) shall be made public at the conclu-
sion of any review conducted under that paragraph. 
‘‘(b) UNSATISFACTORY LEGISLATION.—In the event 
the Administrator determines that any legislation reviewed 
under subsection (a)(1) is unsatisfactory from the stand-
point of public health, welfare, or environmental quality, 
the Administrator shall publish the determination of the 
Administrator and the matter shall be referred to the 
Council on Environmental Quality.’’. 
Æ 
VerDate Sep 11 2014 
04:38 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H8966.IH
H8966
pbinns on DSKJLVW7X2PROD with $$_JOB