I 
112TH CONGRESS 
2D SESSION 
H. R. 3879 
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 
FEBRUARY 1, 2012 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Armed Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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, 
TITLE I—REFINERY 
STREAMLINED PERMITTING 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Refinery Streamlined 
Permitting Act of 2012’’. 
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SEC. 102. 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 
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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. 103. 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 
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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— 
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(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. 
TITLE II—REFINING CAPACITY 
ON 
CLOSED 
MILITARY 
IN-
STALLATIONS 
SEC. 201. DEFINITIONS. 
For purposes of this title— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) and title II of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 
2687 note); 
(2) the term ‘‘closed military installation’’ 
means a military installation closed or approved for 
closure pursuant to a base closure law; 
(3) the term ‘‘designated refinery’’ means a re-
finery designated under section 202(a); 
(4) the term ‘‘Federal refinery authorization’’— 
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(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; 
(5) 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, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
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produce gasoline, diesel, or other liquid fuel as 
its primary output; 
(6) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(7) 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. 202. STATE PARTICIPATION AND PRESIDENTIAL DES-
IGNATION. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
dent shall designate no less than 3 closed military installa-
tions, or portions thereof, subject to subsection (c)(2), that 
are appropriate for the purposes of siting a refinery. 
(b) ANALYSIS OF REFINERY SITES.—In considering 
any site for possible designation under subsection (a), the 
President 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; 
(2) the distribution of the Nation’s refined pe-
troleum product demand; 
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(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; 
(6) the impact of locating a refinery on the site 
on the readiness and operations of the Armed 
Forces; and 
(7) such other factors as the President con-
siders appropriate. 
(c) SALE OR DISPOSAL.— 
(1) DESIGNATION.—Except as provided in 
paragraph (2), until the expiration of 2 years after 
the date of enactment of this Act, the Federal Gov-
ernment shall not sell or otherwise dispose of the 
military installations designated pursuant to sub-
section (a). 
(2) GOVERNOR’S OBJECTION.—No site may be 
used for a refinery under this title if, not later than 
60 days after designation of the site under sub-
section (a), the Governor of the State in which the 
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site is located transmits to the President an objec-
tion to the designation, unless, not later than 60 
days after the President receives such objection, the 
Congress has by law overridden the objection. 
(d) REDEVELOPMENT AUTHORITY.—With respect to 
a closed military installation, or portion thereof, des-
ignated by the President as a potentially suitable refinery 
site pursuant to subsection (a)— 
(1) the redevelopment authority for the installa-
tion, in preparing or revising the redevelopment plan 
for the installation, shall consider the feasibility and 
practicability of siting a refinery on the installation; 
and 
(2) the Secretary of Defense, in managing and 
disposing of real property at the installation pursu-
ant to the base closure law applicable to the installa-
tion, shall give substantial deference to the rec-
ommendations of the redevelopment authority, as 
contained in the redevelopment plan for the installa-
tion, regarding the siting of a refinery on the instal-
lation. 
SEC. 203. PROCESS COORDINATION AND RULES OF PROCE-
DURE. 
(a) DESIGNATION AS LEAD AGENCY.— 
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(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— 
(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-
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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. 
(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 
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(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-
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 
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