[Congressional Record Volume 168, Number 38 (Wednesday, March 2, 2022)]
[Senate]
[Pages S956-S957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4964. Mrs. CAPITO submitted an amendment intended to be proposed
by her to the bill H.R. 3076, to provide stability to and enhance the
services of the United States Postal Service, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE IV--REFORMS TO PROMOTE MORE AFFORDABLE ENERGY
SEC. 401. LIMITING NEW RED TAPE AND COSTS FOR GASOLINE AND
OTHER FUELS.
(a) Prohibition of New Methane Regulations on Existing Oil
and Gas Sources.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall not finalize any regulation relating
to methane emissions for existing oil and gas sources under
section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)).
(b) Waiver of Low Volatility Gasoline Requirements.--In
accordance with section 211(c)(4)(C)(ii) of the Clean Air Act
(42 U.S.C. 7545(c)(4)(C)(ii)), the Administrator shall
temporarily waive low volatility gasoline requirements for
any gasoline sold in the United States on or after the date
of enactment of this Act until the average price of gasoline
sold in the United States decreases to the average price of
gasoline sold on January 1, 2021, as determined using data
from the Energy Information Administration.
(c) Preemption of State Low-carbon Fuel Standards.--Any
low-carbon fuel standard implemented by any State, including
any State-based program that regulates transportation fuels
on carbon intensity for the purpose of reducing greenhouse
gas emissions, is preempted by the Renewable Fuel Program
under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))
for the purpose of better aligning the gasoline supply in the
United States.
(d) Point of Order Against Legislation That Increases
Gasoline or Natural Gas Prices by Imposing Charge, Fee, or
Tax on Methane Emissions From the Oil and Gas Sector.--
(1) Point of order.--It shall not be in order in the Senate
to consider any bill, joint resolution, motion, amendment,
amendment between the Houses, or conference report that
increases the price of gasoline or natural gas in the United
States through the imposition of a charge, fee, or tax on
methane emissions from the oil and gas sector.
(2) Waiver and appeal.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn. An affirmative
vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under
paragraph (1).
(e) Prohibition on Use of Social Cost of Greenhouse Gas
Estimates Raising Gasoline Prices.--
(1) In general.--In promulgating regulations, issuing
guidance, or taking any agency action (as defined in section
551 of title 5, United States Code) relating to the social
cost of greenhouse gases, no Federal agency shall adopt or
otherwise use any estimates for the social cost of greenhouse
gases that may raise gasoline prices, as determined through a
review by the Energy Information Administration.
(2) Inclusion.--The estimates referred to in paragraph (1)
include the interim estimates in the document of the
Interagency Working Group on the Social Cost of Greenhouse
Gases entitled ``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim Estimates under
Executive Order 13990'' and dated February 2021.
SEC. 402. EXPEDITING PERMITTING AND REVIEW PROCESSES.
(a) Definitions.--In this section:
(1) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by a Federal department or
agency that is required or authorized under Federal law in
order to site, construct, reconstruct, or commence operations
of an energy project, including any authorization described
in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
(2) Energy project.--The term ``energy project'' means any
project involving the exploration, development, production,
transportation, combustion, transmission, or distribution of
an energy resource or electricity for which--
(A) an authorization is required under a Federal law other
than the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(B)(i) the head of the lead agency has determined that an
environmental impact statement is required; or
(ii) the head of the lead agency has determined that an
environmental assessment is required, and the project sponsor
requests that the project be treated as an energy project.
(3) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Environmental review and authorization process.--The
term ``environmental review and authorization process''
means--
(A) the process for preparing for an energy project an
environmental impact statement, environmental assessment,
categorical exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) the completion of any authorization decision required
for an energy project under any Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(5) Lead agency.--The term ``lead agency'' means--
(A) the Department of Energy;
(B) the Department of the Interior;
(C) the Department of Agriculture;
(D) the Federal Energy Regulatory Commission;
(E) the Nuclear Regulatory Commission; or
(F) any other appropriate Federal agency, as applicable,
that may be responsible for navigating the energy project
through the environmental review and authorization process.
(6) Project sponsor.--The term ``project sponsor'' means an
agency or other entity, including any private or public-
private entity, that seeks approval from a lead agency for an
energy project.
(b) Timely Authorizations for Energy Projects.--
(1) In general.--
(A) Deadline.--Except as provided in subparagraph (C), all
authorization decisions necessary for the construction of an
energy project shall be completed by not later than 90 days
after the date of the issuance of a record of decision for
the energy project by the lead agency.
(B) Detail.--The final environmental impact statement for
an energy project shall include an adequate level of detail
to inform decisions necessary for the role of any Federal
agency involved in the environmental review and authorization
process for the energy project.
(C) Extension of deadline.--The head of a lead agency may
extend the deadline under subparagraph (A) if--
(i) Federal law prohibits the lead agency or another agency
from issuing an approval or permit within the period
described in that subparagraph;
(ii) the project sponsor requests that the permit or
approval follow a different timeline; or
(iii) an extension would facilitate completion of the
environmental review and authorization process of the energy
project.
(2) Energy project schedule.--To the maximum extent
practicable and consistent with applicable Federal law, for
an energy project, the lead agency shall develop, in
concurrence with the project sponsor, a schedule for the
energy project that is consistent with a time period of not
more than 2 years for the completion of the environmental
review and authorization process for an energy project, as
measured from, as applicable--
(A) the date of publication of a notice of intent to
prepare an environmental impact statement to the record of
decision; or
(B) the date on which the head of the lead agency
determines that an environmental assessment is required to a
finding of no significant impact.
(3) Length of environmental impact statement.--
(A) In general.--Notwithstanding any other provision of law
and except as provided in subparagraph (B), to the maximum
extent practicable, the text of the items described in
paragraphs (4) through (6) of section 1502.10(a) of title 40,
Code of Federal Regulations (or successor regulations), of an
environmental impact statement for an energy project shall be
200 pages or fewer.
(B) Exemption.--The text referred to in subparagraph (A) of
an environmental impact statement for an energy project may
exceed 200 pages if the lead agency establishes a new page
limit for the environmental impact statement for that energy
project.
(c) Deadline for Filing Energy-related Causes of Action.--
(1) Definitions.--In this subsection:
(A) Agency action.--The term ``agency action'' has the
meaning given the term in section 551 of title 5, United
States Code.
(B) Energy-related cause of action.--The term ``energy-
related cause of action'' means a cause of action that--
(i) is filed on or after the date of enactment of this Act;
and
(ii) seeks judicial review of a final agency action to
issue a permit, license, or other
[[Page S957]]
form of agency permission for an energy project.
(2) Deadline for filing.--
(A) In general.--Notwithstanding any other provision of
Federal law, an energy-related cause of action shall be filed
by--
(i) not later than 60 days after the date of publication of
the applicable final agency action; or
(ii) if another Federal law provides for an earlier
deadline than the deadline described in clause (i), the
earlier deadline.
(B) Prohibition.--An energy-related cause of action that is
not filed within the applicable time period described in
subparagraph (A) shall be barred.
(d) Application of Categorical Exclusions for Energy
Projects.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
an energy project, a Federal agency may use categorical
exclusions designated under that Act in the implementing
regulations of any other agency, subject to the conditions
that--
(1) the agency makes a determination, in consultation with
the lead agency, that the categorical exclusion applies to
the energy project;
(2) the energy project satisfies the conditions for a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(3) the use of the categorical exclusion does not otherwise
conflict with the implementing regulations of the agency,
except any list of the agency that designates categorical
exclusions.
SEC. 403. PROVIDING REGULATORY CERTAINTY.
(a) Waters of the United States.--The definitions of the
term ``waters of the United States'' and the other terms
defined in section 328.3 of title 33, Code of Federal
Regulations (as in effect on January 1, 2021), are enacted
into law.
(b) Codification of Section 401 Certification Rule.--The
final rule of the Environmental Protection Agency entitled
``Clean Water Act Section 401 Certification Rule'' (85 Fed.
Reg. 42210 (July 13, 2020)) is enacted into law.
(c) Codification of Nationwide Permits.--The Nationwide
Permits issued, reissued, or modified, as applicable, in the
following final rules of the Corps of Engineers are enacted
into law:
(1) The final rule of the Corps of Engineers entitled
``Reissuance and Modification of Nationwide Permits'' (86
Fed. Reg. 2744 (January 13, 2021)).
(2) The final rule of the Corps of Engineers entitled
``Reissuance and Modification of Nationwide Permits'' (86
Fed. Reg. 73522 (December 27, 2021)).
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