I 
109TH CONGRESS 
1ST SESSION H. R. 3923 
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 
SEPTEMBER 27, 2005 
Mr. TIAHRT 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. 
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 ‘‘Refinery Streamlined 
Permitting Act of 2005’’. 
SEC. 2. REVIEW PROCESS STREAMLINING. 
(a) ASSISTANCE TO STATES.—The Secretary of En-
ergy shall offer to States assistance to enable the States 
to assign responsibilities delegated to the States, under 
Federal laws relating to the construction or expansion of
a petroleum refining facility, in a coordinated and expedi-
tious manner. 
(b) MEMORANDUM OF UNDERSTANDING.—All Fed-
eral agencies, and all State agencies to which responsibil-
ities are delegated under Federal law, responsible for ap-
proving a permit or other Federal authorization for the 
construction or expansion of a petroleum refining facility 
shall enter into a memorandum of understanding with re-
spect to that facility, or proposed facility, that clearly de-
fines all actions required to be taken for Federal permit 
review and approval. The memorandum of understanding 
shall identify areas where Federal and State agencies can 
exercise discretion, and where multiple levels of review on 
permitting decisions can be coordinated, to enable a more 
expeditious review process. 
(c) APPROVAL
DEADLINE.—Notwithstanding any 
other provision of law, a Federal agency, and a State 
agency to which responsibilities are delegated under Fed-
eral law, shall take final action to approve or disapprove 
an application under Federal law for the construction or 
expansion of a petroleum refining facility not later than 
1 year after receipt of a complete application for such ap-
proval. 
(d) PRIORITY PROJECTS.—A Federal agency, and a 
State agency to which responsibilities are delegated under
Federal law, shall give high priority to expediting an appli-
cation under Federal law for the construction or expansion 
of a petroleum refining facility that would— 
(1) allow for production of cleaner burning fuel; 
(2) result in increased refining capacity; or 
(3) result in a reduction in a refinery’s pollu-
tion output. 
SEC. 3. STATEMENT OF ENERGY EFFECTS. 
(a) PREPARATION.— 
(1) REQUIREMENT.—An agency shall prepare 
and submit a Statement of Energy Effects to the 
Administrator of the Office of Information and Reg-
ulatory Affairs, Office of Management and Budget, 
for each proposed significant energy action. 
(2) CONTENTS.—A Statement of Energy Ef-
fects shall consist of a detailed statement by the 
agency responsible for the significant energy action 
relating to— 
(A) any adverse effects on energy supply, 
distribution, or use (including a shortfall in 
supply, price increases, and increased use of 
foreign supplies) should the proposal be imple-
mented; and 
(B) reasonable alternatives to the action 
with adverse energy effects, and the expected
effects of such alternatives on energy supply, 
distribution, and use. 
(3) GUIDANCE AND CONSULTATION.—The Ad-
ministrator of the Office of Information and Regu-
latory Affairs shall provide guidance to the agencies 
on the implementation of this section and shall con-
sult with other agencies as appropriate in the imple-
mentation of this section. 
(b) PUBLICATION.—Agencies shall publish their 
Statements of Energy Effects, or a summary thereof, in 
each related Notice of Proposed Rulemaking and in any 
resulting Final Rule. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘agency’’ has the meaning given 
that term in section 3502(1) of title 44, United 
States Code, except that the term does not include 
an independent regulatory agency, as defined in 
paragraph (5) of that section; and 
(2) the term ‘‘significant energy action’’ means 
any action by an agency that is expected to lead to 
promulgation of a final rule or regulation and that— 
(A) is likely to have a significant adverse 
effect on the supply, distribution, or use of en-
ergy; or
(B) is designated by the Administrator of 
the Office of Information and Regulatory Af-
fairs as a significant energy action. 
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