42 U.S.C. § 15951 — Findings and definitions

Page 8751 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15961 CODIFICATION Section was enacted as part of the Surface Transpor- tation Reauthorization Act of 2021, and also as part of the Infrastructure Investment and Jobs Act, and not as part of the Energy Policy Act of 2005 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of Title 23, Highways. PART D—REFINERY REVITALIZATION § 15951. Findings and definitions (a) Findings Congress finds that— (1) it serves the national interest to increase petroleum refining capacity for gasoline, heat- ing oil, diesel fuel, jet fuel, kerosene, and pe- trochemical feedstocks wherever located with- in the United States, to bring more supply to the markets for the use of the American peo- ple; (2) United States demand for refined petro- leum products currently exceeds the country’s petroleum refining capacity to produce such products; (3) this excess demand has been met with in- creased imports; (4) due to lack of capacity, refined petroleum product imports are expected to grow from 7.9 percent to 10.7 percent of total refined product by 2025; (5) refiners are still subject to significant en- vironmental and other regulations and face several new requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) over the next dec- ade; and (6) better coordination of Federal and State regulatory reviews may help facilitate siting and construction of new refineries to meet the demand in the United States for refined prod- ucts. (b) Definitions In this part: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) State The term ‘‘State’’ means— (A) a State; (B) the Commonwealth of Puerto Rico; and (C) any other territory or possession of the United States. (Pub. L. 109–58, title III, § 391, Aug. 8, 2005, 119 Stat. 748.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (a)(5), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. § 15952. Federal-State regulatory coordination and assistance (a) In general At the request of the Governor of a State, the Administrator may enter into a refinery permit- ting cooperative agreement with the State, under which each party to the agreement identi- fies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery. (b) Authority under agreement The Administrator shall be authorized to— (1) accept from a refiner a consolidated ap- plication for all permits required from the En- vironmental Protection Agency, to the extent consistent with other applicable law; (2) enter into memoranda of agreement with other Federal agencies to coordinate consider- ation of refinery applications and permits among Federal agencies; and (3) enter into memoranda of agreement with a State, under which Federal and State review of refinery permit applications will be coordi- nated and concurrently considered, to the ex- tent practicable. (c) State assistance The Administrator is authorized to provide fi- nancial assistance to State governments to fa- cilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits. (d) Other assistance The Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of appli- cations to build new refineries. (Pub. L. 109–58, title III, § 392, Aug. 8, 2005, 119 Stat. 749.) SUBCHAPTER IV—COAL PART A—CLEAN COAL POWER INITIATIVE § 15961. Authorization of appropriations (a) Clean coal power initiative There are authorized to be appropriated to the Secretary to carry out the activities authorized by this part $200,000,000 for each of fiscal years 2006 through 2014, to remain available until ex- pended. (b) Report The Secretary shall submit to Congress the re- port required by this subsection not later than March 31, 2007. The report shall include, with re- spect to subsection (a), a plan containing— (1) a detailed assessment of whether the ag- gregate funding levels provided under sub- section (a) are the appropriate funding levels for that program; (2) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken; (3) a detailed list of technical milestones for each coal and related technology that will be pursued; and (4) a detailed description of how the program will avoid problems enumerated in Govern-