160 
als permit program with respect to the 
basis for the action or order; or 
‘‘(ii) certifies the completion of a cor-
rective action that is the subject of the ac-
tion or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) CLOSURE.—If it is determined, pursuant to a 
coal combustion residuals permit program, that a struc-
ture should close, the time period and method for the clo-
sure of such structure shall be set forth in a closure plan 
that establishes a deadline for completion and that takes 
into account the nature and the site-specific characteris-
tics of the structure to be closed. In the case of a surface 
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impoundment, the closure plan shall require, at a min-
imum, the removal of liquid and the stabilization of re-
maining waste, as necessary to support the final cover. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e) of this section and section 6005 
of this title, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals, defer to the States pursuant to this sec-
tion. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the author-
ity of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) TECHNICAL AND ENFORCEMENT AS-
SISTANCE
ONLY
UPON
REQUEST.—Upon re-
quest from the head of a lead State agency that 
is implementing a coal combustion residuals 
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permit program, the Administrator may provide 
to such State agency only the technical or en-
forcement assistance requested. 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented under sub-
section (e) by the Administrator shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable mate-
rials from such wastes; 
‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure; 
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‘‘(C) fluidized bed combustion wastes; 
‘‘(D) wastes from the co-burning of coal 
with nonhazardous secondary materials pro-
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means a permit program or other 
system of prior approval and conditions that is 
adopted by or for a State for the management and 
disposal of coal combustion residuals to the extent 
such activities occur in structures in such State. 
‘‘(3) STRUCTURE.—The term ‘structure’ means 
a landfill, surface impoundment, or other land-based 
unit which may receive coal combustion residuals. 
‘‘(4) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c) in accordance with the requirement of 
such section that the criteria protect human health 
and the environment.’’. 
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(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
(c) 2000 REGULATORY DETERMINATION.—Nothing 
in this section, or the amendments made by this section, 
shall be construed to alter in any manner the Environ-
mental Protection Agency’s regulatory determination enti-
tled ‘‘Notice of Regulatory Determination on Wastes from 
the Combustion of Fossil Fuels’’, published at 65 Fed. 
Reg. 32214 (May 22, 2000), that the fossil fuel combus-
tion wastes addressed in that determination do not war-
rant regulation under subtitle C of the Solid Waste Dis-
posal Act (42 U.S.C. 6921 et seq.). 
SEC. 706. PROHIBITION ON USE OF SOCIAL COST OF CAR-
BON IN ANALYSIS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any Executive order, a Federal department 
or agency shall not use the social cost of carbon in order 
to incorporate social benefits of reducing carbon dioxide 
emissions, or for any other reason, in any cost-benefit 
analysis. 
(b) DEFINITION.—In this section, the term ‘‘social 
cost of carbon’’ means the social cost of carbon as de-
scribed in the technical support document entitled ‘‘Tech-
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nical Support Document: Technical Update of the Social 
Cost of Carbon for Regulatory Impact Analysis Under Ex-
ecutive Order 12866’’, published by the Interagency 
Working Group on Social Cost of Carbon, United States 
Government, in May 2013, or any successor or substan-
tially related document, or any other estimate of the mone-
tized damages associated with an incremental increase in 
carbon dioxide emissions in a given year. 
SEC. 
707. 
CLARIFICATION 
OF 
LEGAL 
ENFORCEMENT 
AGAINST 
NONCRIMINAL 
ENERGY 
PRO-
DUCERS. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Migratory Bird Treaty Act (MBTA) 
was enacted in 1918 to protect the migratory bird 
population from overhunting and poaching and has 
not been updated to reflect the societal changes that 
have occurred in our Nation over the last 95 years. 
(2) Anyone involved in an otherwise legal activ-
ity may be subject to criminal liability for the unin-
tentional death of any one of over 1,000 species of 
birds protected under the MBTA. 
(3) The Act of June 8, 1940 (chapter 278; 16 
U.S.C. 668), popularly known as the Bald and Gold-
en Eagle Protection Act (BGEPA), was first enacted 
in 1940 to protect the dwindling population of bald 
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eagles and amended in 1962 to cover golden eagles 
in order to provide additional protective measures 
for bald eagles and for other purposes. 
(4) The BGEPA includes a program for the 
Federal Government to issue permits in order to 
protect companies from legal liability if eagles are 
unintentionally injured or killed, but the Federal 
Government has failed to issue permits issued under 
the program. 
(5) Among other goals, the BGEPA’s permit 
program was established to assure the protection of 
interests fundamental to the basic operation of our 
society like agriculture and energy infrastructure de-
velopment and maintenance. 
(6) The BGEPA was successful in helping the 
overall eagle population recover, leading to bald ea-
gles being removed from the list of threatened and 
endangered species in 2007. 
(7) There are differing legal and judicial inter-
pretations regarding the scope of criminality in those 
statutes. 
(8) It appears criminal prosecution under those 
statutes has been subjective, selective, and not ap-
plied uniformly and fairly across all sectors of soci-
ety. 
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(9) Those statutes need to be updated to reflect 
significant changes in our Nation over the last half 
century, including the urbanization of rural areas 
and how domestic energy is produced, transmitted, 
and distributed. 
(10) Protecting the avian population and its 
habitat is important. 
(11) Federal enforcement actions should be ap-
propriate, uniform, nondiscriminatory, and just. 
(b) PERMITS FOR INCIDENTAL TAKE.—Section 1 of 
the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668), 
popularly known as the Bald and Golden Eagle Protection 
Act, is amended by adding at the end the following: 
‘‘(d) PERMITS FOR INCIDENTAL TAKE.—Upon sub-
mission of a substantially completed application, the Sec-
retary shall issue or deny an eagle take permit for no less 
than 30 years under section 22.26 of title 50, Code of 
Federal Regulations, that authorizes taking of any bald 
eagle or golden eagle that is incidental to, but not the pur-
pose of, an otherwise lawful activity. Failure to issue or 
deny such a permit within a reasonable time (which shall 
not exceed one year) is deemed issuance of such permit, 
and the applicant shall not be subject to liability for any 
incidental take of a bald eagle or golden eagle that is in 
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conformity with the information submitted to the Sec-
retary as part of the application for the permit.’’. 
(c) MIGRATORY BIRD TREATY ACT.—Section 6(a) of 
the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 
amended— 
(1) by striking ‘‘shall’’ the first and second 
place it appears and inserting ‘‘shall with intent 
knowingly’’; and 
(2) by adding at the end the following: ‘‘For the 
purposes of this subsection, ‘with intent knowingly’ 
does not include any taking, killing, or other harm 
to any migratory bird that is accidental or incidental 
to the presence or operation of an otherwise lawful 
activity.’’. 
TITLE VIII—ATTAINMENT OF NA-
TIONAL AMBIENT AIR QUAL-
ITY STANDARDS 
SEC. 801. AIR QUALITY MONITORING AND MODELING 
METHODOLOGIES. 
(a) NONATTAINMENT DESIGNATION TO BE BASED 
ON MONITORING DATA.—Section 107 of the Clean Air Act 
(42 U.S.C. 7407) is amended by adding at the end the 
following: 
‘‘(f) NONATTAINMENT DESIGNATION TO BE BASED 
ON MONITORING DATA.—Any designation or redesigna-
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tion of an area or portion of an area within a State or 
interstate area as a nonattainment area for a pollutant 
within the meaning of subsection (d)(1)(A)(i) shall— 
‘‘(1) be based on monitoring data; and 
‘‘(2) not take into consideration modeling 
data.’’. 
(b) AIR QUALITY MODELING METHODOLOGIES.— 
(1) METHODOLOGIES.—Section 110 of the 
Clean Air Act (42 U.S.C. 7410) is amended by add-
ing at the end the following: 
‘‘(d) AIR QUALITY MODELING METHODOLOGIES.— 
The Administrator shall, by regulation, set forth the air 
quality modeling methodologies required to be used for 
purposes of air quality modeling pursuant to subsection 
(a)(2)(K).’’. 
(2) REGULATIONS.—The Administrator of the 
Environmental Protection Agency shall promulgate 
final regulations, as required by section 110(d) of 
the Clean Air Act, as added by paragraph (1), not 
later than one year after the date of the enactment 
of this Act. 
SEC. 802. EXTENDING COMPLIANCE FOR NAAQS ATTAIN-
MENT FOR DOWNWIND STATES. 
Section 181 of the Clean Air Act (42 U.S.C. 7511) 
is amended by adding at the end the following: 
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‘‘(d) EXTENDED ATTAINMENT DATE FOR CERTAIN 
DOWNWIND AREAS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘upwind area’ means an 
area that— 
‘‘(i) affects nonattainment in another 
area (in this subsection referred to as the 
‘downwind area’); and 
‘‘(ii) is either— 
‘‘(I) a nonattainment area with a 
later attainment date than the down-
wind area; or 
‘‘(II) an area in another State 
that the Administrator has found to 
be significantly contributing to non-
attainment in the downwind area in 
violation of section 110(a)(2)(D) and 
for which the Administrator has es-
tablished requirements through notice 
and comment rulemaking to reduce 
the emissions causing such significant 
contribution. 
‘‘(B) The term ‘current classification’ 
means the classification of a downwind area 
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under this section at the time of the determina-
tion under paragraph (2). 
‘‘(2) EXTENSION.—Notwithstanding subsection 
(b)(2), a downwind area that is not in attainment 
within 18 months of the attainment deadline re-
quired under this section may seek an extension of 
time to come into attainment by petitioning the Ad-
ministrator for such an extension. If the Adminis-
trator— 
‘‘(A) determines that the area is a down-
wind area with respect to a particular national 
ambient air quality standard for ozone; 
‘‘(B) approves a plan revision for such 
area as provided in paragraph (3) prior to a re-
classification under subsection (b)(2)(A); and 
‘‘(C) determines that the petitioning down-
wind area has demonstrated that it is affected 
by transport from an upwind area to a degree 
that affects the area’s ability to attain, 
the Administrator, in lieu of such reclassification, 
may extend the attainment date for such downwind 
area for such standard in accordance with paragraph 
(5). 
‘‘(3) APPROVAL.—In order to extend the attain-
ment date for a downwind area under this sub-
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section, the Administrator may approve a revision of 
the applicable implementation plan for the downwind 
area for the national ambient air quality standard 
that— 
‘‘(A) complies with all requirements of this 
Act applicable under the current classification 
of the downwind area, including any require-
ments applicable to the area under section 
172(c) for such standard; 
‘‘(B) includes any additional measures 
needed to demonstrate attainment by the ex-
tended attainment date provided under this 
subsection, and provides for implementation of 
those measures as expeditiously as practicable; 
and 
‘‘(C) provides appropriate measures to en-
sure that no area downwind of the area receiv-
ing the extended attainment date will be af-
fected by transport to a degree that affects the 
other area’s ability to attain. 
‘‘(4) PRIOR
RECLASSIFICATION
DETERMINA-
TION.—If, after April 1, 2003, and prior to the time 
the 1-hour ozone standard no longer applies to a 
downwind area, the Administrator made a reclassi-
fication determination under subsection (b)(2)(A) 
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for such downwind area, and the Administrator ap-
proves a plan consistent with subparagraphs (A) and 
(B) for such area, the reclassification shall be with-
drawn and, for purposes of implementing the 8-hour 
ozone national ambient air quality standard, the 
area shall be treated as if the reclassification never 
occurred. Such plan must be submitted no later than 
12 months following enactment of this subsection, 
and— 
‘‘(A) the plan revision for the downwind 
area must comply with all control and planning 
requirements of this Act applicable under the 
classification that applied immediately prior to 
reclassification, including any requirements ap-
plicable to the area under section 172(c) for 
such standard; and 
‘‘(B) the plan must include any additional 
measures needed to demonstrate attainment no 
later than the date on which the last reductions 
in pollution transport that have been found by 
the Administrator to significantly contribute to 
nonattainment are required to be achieved by 
the upwind area or areas. 
‘‘(5) EXTENDED DATE.—The attainment date 
extended under this subsection shall provide for at-
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tainment of such national ambient air quality stand-
ard for ozone in the downwind area as expeditiously 
as practicable but no later than the new date that 
the area would have been subject to had it been re-
classified under subsection (b)(2). 
‘‘(6) RULEMAKING.—Within 12 months after 
the enactment of this subsection, the Administrator 
shall, after notice and comment, promulgate rules to 
determine, for purposes of paragraphs (2) and (3), 
when an area is affected by transport to a degree 
that affects the area’s ability to attain. The purpose 
of such rules shall be to ensure that downwind areas 
are not unjustly penalized.’’. 
TITLE IX—SUB-BASIN REPORT-
ING OF GREENHOUSE GAS 
EMISSIONS 
SEC. 901. SUB-BASIN REPORTING OF GREENHOUSE GAS 
EMISSIONS. 
Section 114 of the Clean Air Act (42 U.S.C. 7414) 
is amended by adding at the end the following: 
‘‘(e) REPORTING OF GREENHOUSE GAS EMISSIONS 
FROM PETROLEUM AND NATURAL GAS SYSTEMS.—In re-
quiring any owner or operator of any facility in the petro-
leum and natural gas system source category (as such 
terms are used in part 98 of title 40, Code of Federal 
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Regulations, and any successor regulations) to report 
greenhouse gas emissions from facilities in such category, 
the Administrator shall allow the owner or operator, at 
its election— 
‘‘(1) to designate sub-basins consisting of simi-
lar fields within a larger basin; and 
‘‘(2) to report such emissions from such sub-ba-
sins instead of reporting such emissions from the 
larger basin.’’. 
TITLE X—IMPLEMENTATION OF 
NATIONAL OCEAN POLICY 
SEC. 1001. PROHIBITION ON USE OF FUNDS. 
(a) Federal departments and agencies are prohibited 
from performing activities to implement Executive Order 
13547. 
TITLE XI—OTHER PROVISIONS 
SEC. 1101. ADMINISTRATIVE RECORD. 
The administrative record compiled by an agency re-
garding an application for a permit, authorization, or 
other agency action involving a Priority Energy Project 
shall be the sole and exclusive record for any appeal or 
review of the permit action or other activity by that agency 
or other agency, as applicable. Upon final agency action, 
such record shall be closed and shall not be subject to any 
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further evidentiary proceedings or requirements unless re-
quested by the applicant. 
SEC. 1102. 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 of the 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 
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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 re-
sulting final rule. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘agency’’ has the meaning given 
that term in paragraph (1) of section 3502 of title 
44, United States Code, except that the term does 
not include an independent regulatory agency, as de-
fined 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 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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SEC. 1103. PRIORITY-ENERGY PROJECT PERMIT DURATION. 
The approval to construct or operate a Priority En-
ergy Project pursuant to any Federal permit, as applica-
ble, shall remain valid and authorized for the later of— 
(1) 18 months following the date on which the 
last permit needed by a Priority Energy Project to 
commence construction or operation is final and no 
longer subject to judicial review; 
(2) 3 years; or 
(3) in the case of a nationwide permit issued by 
the Army Corps of Engineers pursuant to part 330 
of title 33, Code of Federal Regulations, 5 years. 
TITLE XII—FUTURE NUCLEAR 
ENERGY 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Streamline America’s 
Future Energy Nuclear Act’’. 
SEC. 1202. PUBLIC HEALTH AND SAFETY. 
Nothing in this title shall supersede, mitigate, detract 
from, or in anyway decrease the Nuclear Regulatory Com-
mission’s ability to maintain the highest possible levels of 
public health and safety standards, consistent with the 
provisions of the Atomic Energy Act of 1954. No authority 
granted by this title shall be executed in a manner that 
jeopardizes, minimizes, reduces, or lessens public health 
and safety standards. 
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SEC. 1203. STREAMLINING COMBINED CONSTRUCTION AND 
OPERATING LICENSE. 
(a) IN GENERAL.—The Nuclear Regulatory Commis-
sion shall establish and implement an expedited procedure 
for issuing a Combined Construction and Operating Li-
cense. 
(b) QUALIFICATIONS.—To qualify for the expedited 
procedure under this section, an applicant shall— 
(1) apply for construction of a reactor based on 
a design approved by the Nuclear Regulatory Com-
mission; 
(2) construct the new reactor on or adjacent to 
a site where an operating nuclear power plant al-
ready exists; 
(3) not be subject to a Nuclear Regulatory 
Commission order to modify, suspend, or revoke a li-
cense under section 2.202 of title 10, Code of Fed-
eral Regulations; and 
(4) submit a complete Combined Construction 
and Operating License application that is docketed 
by the Commission. 
(c) EXPEDITED PROCEDURE.—With respect to a li-
cense for which the applicant has satisfied the require-
ments of subsection (b) and seeks fast track consideration, 
the Nuclear Regulatory Commission shall follow the fol-
lowing procedures: 
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(1) Undertake an expedited environmental re-
view process and issue a draft Environmental Im-
pact Statement within 12 months after the applica-
tion is accepted for docketing. 
(2) Complete any public licensing hearings and 
related processes within 24 months of accepting for 
docketing the expedited Combined Construction and 
Operating License application. Such hearings shall 
begin with the issuance of a draft Environmental 
Impact Statement. 
(3) Complete the technical review process and 
issue the Safety Evaluation Report and the final En-
vironmental Impact Statement within 18 months 
after the application is accepted for docketing. 
(4) Make a final decision on whether to issue 
the Combined Construction and Operating License 
within 25 months after docketing the application. 
(d) GOALS.—The Nuclear Regulatory Commission 
shall present recommendations to Congress within 90 days 
of the date of enactment of this Act for procedures that 
would further facilitate the licensing of new nuclear reac-
tors in a timely manner. 
SEC. 1204. REACTOR DESIGN CERTIFICATION. 
The Nuclear Regulatory Commission shall reduce by 
one-half the time necessary to certify a reactor design and 
VerDate Mar 15 2010 
01:35 Jan 23, 2014
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smartinez on DSK6TPTVN1PROD with BILLS