II 109th CONGRESS 1st Session S. 1711 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.

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.