[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1711 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1711

 To allow the Administrator of the Environmental Protection Agency to 
        waive or modify the application of certain requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2005

Mr. Inhofe (for himself and Mr. Vitter) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To allow the Administrator of the Environmental Protection Agency to 
        waive or modify the application of certain requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVERS AND MODIFICATIONS OF APPLICABILITY OF CERTAIN 
              REQUIREMENTS.

    (a) Waivers and Modifications.--
            (1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), with respect to the 
        120-day period beginning on August 26, 2005, the Administrator 
        of the Environmental Protection Agency, in consultation with 
        the Governor of any affected State, as determined by the 
        Administrator, may waive or modify the application of any 
        requirement that is contained in any law (including a 
        regulation) under the administrative jurisdiction of, or that 
        applies to any project or activity carried out by, the 
        Environmental Protection Agency, if the Administrator 
        determines that the waiver or modification--
                    (A) is necessary to respond, in a timely and 
                effective manner, to a situation or damage relating to 
                Hurricane Katrina; and
                    (B) is in the public interest, taking into 
                consideration--
                            (i) any emergency condition relating to 
                        Hurricane Katrina; and
                            (ii) any consequence to public health or 
                        the environment of providing the waiver or 
                        modification.
            (2) Extensions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Administrator may extend or modify a waiver or 
                modification under paragraph (1) for a period of longer 
                than 120 days, as the Administrator determines to be 
                appropriate.
                    (B) Limitation.--An extension under subparagraph 
                (A) shall expire not later than the date that is 18 
                months after the date of enactment of this Act.
            (3) Effects of waivers and modifications.--Any effect of a 
        waiver or modification under paragraph (1) shall be considered 
        to be in accordance with the requirements of the waiver or 
        modification, regardless of whether the effect occurs during 
        the effective period of the waiver or modification.
    (b) Notice to Congress.--
            (1) Initial notice.--Not later than 14 days after the date 
        of enactment of this Act, the Administrator shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committees on Transportation and Infrastructure and Energy and 
        Commerce of the House of Representatives an initial notice of 
        any waiver or modification provided under this section during 
        the period beginning on August 26, 2005, and ending on the date 
        on which the notice is submitted, including a justification of 
        the waiver or modification.
            (2) Subsequent notifications.--Not later than 14 days after 
        the date on which the Administrator submits the initial notice 
        under paragraph (1), and every 14 days thereafter, the 
        Administrator shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committees on Transportation 
        and Infrastructure and Energy and Commerce of the House of 
        Representatives a notice of any waiver or modification provided 
        by the Administrator under this section during the preceding 14 
        days, including a justification of the waiver or modification.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Environment and Public Works of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce of the House 
of Representatives a report describing--
            (1) any provision of a statute or regulation that may have 
        contributed to a delayed response or a delay in the provision 
        of a recovery effort relating to Hurricane Katrina or a related 
        condition; and
            (2) recommendations for statutory and regulatory actions 
        necessary to expedite or facilitate recovery efforts relating 
        to a major disaster or emergency, as determined by the 
        Administrator.
                                 <all>