42 U.S.C. § 13201 — ‘‘Secretary’’ defined

Page 8521 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13201 Sec. 13542. Cost sharing. PART B—OTHER MISCELLANEOUS PROVISIONS 13551. Repealed. 13552. Use of energy futures for fuel purchases. 13553. Energy subsidy study. 13554. Tar sands. 13555. Consultative Commission on Western Hemi- sphere Energy and Environment. 13556. Disadvantaged business enterprises. 13557. Sense of Congress on risk assessments. SUBCHAPTER XIII—CLEAN AIR COAL PROGRAM 13571. Purposes. 13572. Authorization of program. 13573. Generation projects. 13574. Air quality enhancement program. § 13201. ‘‘Secretary’’ defined For purposes of this Act, the term ‘‘Sec- retary’’ means the Secretary of Energy. (Pub. L. 102–486, § 2, Oct. 24, 1992, 106 Stat. 2782.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–486, § 1(a), Oct. 24, 1992, 106 Stat. 2776, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Energy Policy Act of 1992’.’’ Executive Documents EX. ORD. NO. 13211. ACTIONS CONCERNING REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, DIS- TRIBUTION, OR USE Ex. Ord. No. 13211, May 18, 2001, 66 F.R. 28355, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to appropriately weigh and con- sider the effects of the Federal Government’s regula- tions on the supply, distribution, and use of energy, it is hereby ordered as follows: SECTION 1. Policy. The Federal Government can sig- nificantly affect the supply, distribution, and use of en- ergy. Yet there is often too little information regarding the effects that governmental regulatory action can have on energy. In order to provide more useful energy- related information and hence improve the quality of agency decisionmaking, I am requiring that agencies shall prepare a Statement of Energy Effects when un- dertaking certain agency actions. As described more fully below, such Statements of Energy Effects shall describe the effects of certain regulatory actions on en- ergy supply, distribution, or use. SEC. 2. Preparation of a Statement of Energy Effects. (a) To the extent permitted by law, agencies shall prepare and submit a Statement of Energy Effects to the Ad- ministrator of the Office of Information and Regu- latory Affairs, Office of Management and Budget, for those matters identified as significant energy actions. (b) A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to: (i) any adverse effects on energy supply, distribu- tion, or use (including a shortfall in supply, price in- creases, and increased use of foreign supplies) should the proposal be implemented, and (ii) reasonable alternatives to the action with ad- verse energy effects and the expected effects of such alternatives on energy supply, distribution, and use. (c) The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this order and shall consult with other agencies as appropriate in the im- plementation of this order. SEC. 3. Submission and Publication of Statements. (a) Agencies shall submit their Statements of Energy Ef- fects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, whenever they present the related submission under Executive Order 12866 of September 30, 1993 [5 U.S.C. 601 note], or any successor order. (b) 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. SEC. 4. Definitions. For purposes of this order: (a) ‘‘Regulation’’ and ‘‘rule’’ have the same meaning as they do in Executive Order 12866 [5 U.S.C. 601 note] or any successor order. (b) ‘‘Significant energy action’’ means any action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promul- gation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: (1)(i) that is a significant regulatory action under Executive Order 12866 or any successor order, and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a sig- nificant energy action. (c) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regu- latory agencies, as defined in 44 U.S.C. 3502(5). SEC. 5. Judicial Review. Nothing in this order shall af- fect any otherwise available judicial review of agency action. This order is intended only to improve the in- ternal management of the Federal Government and does not create any right or benefit, substantive or pro- cedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. GEORGE W. BUSH. EX. ORD. NO. 13212. ACTIONS TO EXPEDITE ENERGY- RELATED PROJECTS Ex. Ord. No. 13212, May 18, 2001, 66 F.R. 28357, as amended by Ex. Ord. No. 13286, § 10, Feb. 28, 2003, 68 F.R. 10622; Ex. Ord. No. 13302, § 1, May 15, 2003, 68 F.R. 27429, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to take additional steps to expe- dite the increased supply and availability of energy to our Nation, it is hereby ordered as follows: SECTION 1. Policy. The increased production and trans- mission of energy in a safe and environmentally sound manner is essential to the well-being of the American people. In general, it is the policy of this Administra- tion that executive departments and agencies (agen- cies) shall take appropriate actions, to the extent con- sistent with applicable law, to expedite projects that will increase the production, transmission, or conserva- tion of energy and projects that will strengthen pipe- line safety. SEC. 2. Actions to Expedite Energy-Related Projects. For energy-related projects (including pipeline safety projects), agencies shall expedite their review of per- mits or take other actions as necessary to accelerate the completion of such projects, while maintaining safety, public health, and environmental protections. The agencies shall take such actions to the extent per- mitted by law and regulation, and where appropriate. SEC. 3. Interagency Task Force. (a) There is estab- lished, within the Department of Energy for adminis- Page 8522 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13201 trative purposes, an interagency task force (Task Force) to perform the following functions: (i) monitor and assist the agencies in their efforts to expedite their reviews of permits or similar actions, as necessary, to accelerate the completion of energy-re- lated projects (including pipeline safety projects), in- crease energy production and conservation, and im- prove the transmission of energy; (ii) monitor and assist agencies in setting up appro- priate mechanisms to coordinate Federal, State, tribal, and local permitting in geographic areas where in- creased permitting activity is expected; and (iii) perform the functions of the interagency com- mittee for which section 60133 of title 49, United States Code, provides. (b)(i) The Task Force shall consist exclusively of the following members: (A) in the performance of all Task Force functions set out in sections 3(a)(i) and (ii) of this order, the Secre- taries of State, the Treasury, Defense, Agriculture, Housing and Urban Development, Commerce, Transpor- tation, the Interior, Labor, Education, Health and Human Services, Energy, and Veterans Affairs, the At- torney General, the Administrator of the Environ- mental Protection Agency, the Director of Central In- telligence, the Administrator of General Services, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the As- sistant to the President for Domestic Policy, the As- sistant to the President for Economic Policy, and such other heads of agencies as the Chairman of the Council on Environmental Quality may designate; and (B) in the performance of the functions to which sec- tion 3(a)(iii) of this order refers, the officers listed in section 60133(a)(2)(A)–(H) of title 49, United States Code, and such other representatives of Federal agen- cies with responsibilities relating to pipeline repair projects as the Chairman of the Council on Environ- mental Quality may designate. (ii) A member of the Task Force may designate, to perform the Task Force functions of the member, a full-time officer or employee of that member’s agency or office. (c) The Chairman of the Council on Environmental Quality shall chair the Task Force. (d) Consultation in the implementation of this order with State and local officials and other persons who are not full-time or permanent part-time employees of the Federal Government shall be conducted in a manner that elicits fully the individual views of each official or other person consulted, without deliberations or efforts to achieve consensus on advice or recommendations. (e) This order shall be implemented in a manner con- sistent with the President’s constitutional authority to supervise the unitary executive branch. SEC. 4. Judicial Review. Nothing in this order shall af- fect any otherwise available judicial review of agency action. This order is intended only to improve the in- ternal management of the Federal Government and does not create any right or benefit, substantive or pro- cedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. GEORGE W. BUSH. EXECUTIVE ORDER NO. 13783 Ex. Ord. No. 13783, Mar. 28, 2017, 82 F.R. 16093, which related to certain regulations promoting energy inde- pendence and economic growth, was revoked by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, set out in a note under section 4321 of this title. EXECUTIVE ORDER NO. 13868 Ex. Ord. No. 13868, Apr. 10, 2019, 84 F.R. 15495, which related to promoting private investment in the Na- tion’s energy infrastructure, was revoked by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, set out in a note under section 4321 of this title. PROTECTING JOBS, ECONOMIC OPPORTUNITIES, AND NA- TIONAL SECURITY FOR ALL AMERICANS BY ENSURING APPROPRIATE SUPPORT OF INNOVATIVE TECHNOLOGIES FOR USING OUR DOMESTIC NATURAL RESOURCES Memorandum of President of the United States, Oct. 31, 2020, 85 F.R. 70039, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Transportation[,] the Secretary of Energy[,] the United States Trade Representative[,] the Administrator of the Environmental Protection Agency[,] the Director of the Office of Management and Budget[,] the Assist- ant to the President for National Security Affairs[,] the Assistant to the President for Economic Policy[,] the Chairman of the Council of Economic Advisers[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Council on Environ- mental Quality[, and] the Administrator of the Office of Information and Regulatory Affairs By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: SECTION 1. Purpose. This memorandum sets forth poli- cies related to protecting American jobs, economic op- portunities, and national security by ensuring appro- priate support of hydraulic fracturing and other inno- vative technologies for the use of domestic natural re- sources, including energy resources. In support of these policies, this memorandum directs certain officials to assess the potential effects of efforts to ban or restrict the use of such technologies. SEC. 2. Background. Our country has been favored with abundant land, wildlife, and natural resources. Americans have rightly seen this abundance as both an opportunity and a responsibility. Our blessings have rightly been a great source of national pride and grati- tude. As we enjoy these bounties, we are also bound by a responsibility of stewardship to use, protect, and pre- serve them for future generations. Among the greatest of our blessings are our energy resources, which all too often we take for granted. Our Nation has untold potential to deliver energy to pro- vide us with the necessities—light, heat, cold, food, and water, to say nothing of modern telecommunications— for our daily lives at home and at work, and our travel from place to place. Reliable, affordable energy is es- sential for running our homes, businesses, farms, fac- tories, health care facilities, and schools, and is critical to every sector of our economy, including our energy- intensive and trade-exposed industries. Access to de- pendable, inexpensive sources of energy is a corner- stone of our well-being, of our economic strength and global competitiveness, and of our national security. One of the great success stories of our time has been the development of hydraulic fracturing (often known as ‘‘fracking’’) and other technologies to facilitate the extraction of natural resources from the earth. Hydrau- lic fracturing is a process that provides access to res- ervoirs of natural gas and petroleum by opening rocks deep underground. When coupled with horizontal drill- ing and other new technologies, fracking has opened up new sources of inexpensive, reliable, abundant energy for our country. It has also produced jobs and economic opportunities for many Americans. In a report issued in October 2019, the Council of Eco- nomic Advisers (CEA) estimated that by lowering en- ergy prices, the use of fracking and other innovations had saved United States consumers $203 billion per year, or $2,500 in annual savings for a family of four. These savings disproportionately benefit low-income households, which spend a larger share of their income on energy bills, representing 6.8 percent of income for the poorest fifth of households compared to 1.3 percent for the richest fifth of households. The CEA estimated that greater productivity had reduced the domestic price of natural gas by 63 percent as of 2018; had led to Page 8523 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13201 a 45 percent decrease in the wholesale price of elec- tricity; and had reduced the global price of oil by 10 percent as of 2019. The transformation wrought by technologies such as fracking is not only the result of America’s natural abundance and Americans’ capacity for scientific dis- covery and practical invention. It is also a testament to our Nation’s greatest resource: our hardworking men and women. Energy workers have dedicated their lives to an industry that is essential to the modern world, and their labors have demonstrated their talent, perseverance, and courage. Even in the midst of this unprecedented pandemic, essential energy workers have continued to ensure that our Nation has the en- ergy that it needs to survive and to flourish. We owe these workers our gratitude. We also owe them appro- priate respect and support for their careers, their live- lihoods, and their families. It should be emphasized that technologies such as fracking—when used lawfully and responsibly, with ap- propriate attention to environmental, health, and safe- ty protections—are vital not just to our domestic pros- perity but also to our national security. Shortly after I entered office, I issued Executive Order 13783 of March 28, 2017 (Promoting Energy Independence and Economic Growth) [former 42 U.S.C. 13201 note], which directed an immediate review of all agency actions that poten- tially burdened the development or use of domestic en- ergy resources. That order also rescinded certain ac- tions of the previous Administration that, in my judg- ment, were not consistent with the national interest and the Nation’s geopolitical security. As a result of new technologies and my Administration’s continued push for energy independence, our country recently be- came a net energy exporter for the first time since 1952, as well as the leading producer of oil and natural gas in the world. We are no longer beholden to foreign countries upon which we had depended for decades for the survival of our way of life. This achievement is a great accomplishment for our country, which should not be taken for granted. Now that we have achieved a dominant position in energy production, powerful voices in the United States, echoed by countries such as China and Russia, are clamoring for policies that would undermine that position, forgetting the very real costs and risks of en- ergy dependence. Some of these voices call for using legislative or regulatory mechanisms to ban, or sharply restrict, the use of fracking and other technologies. In my view, such proposals are not responsible and would be harmful to the economic and national security of the United States. SEC. 3. Policy. It is the policy of the Federal Govern- ment to aggressively protect and enhance American jobs, economic opportunities, and national security for all Americans by ensuring appropriate support of inno- vative technologies for using our domestic natural re- sources more efficiently and responsibly, including en- vironmental protection and restoration technologies. Before taking actions that may jeopardize such innova- tion, responsible officials should carefully consider the impacts on American citizens. SEC. 4. Assessing the Domestic and Economic Impacts of Undermining Hydraulic Fracturing and Other Tech- nologies. (a) Within 70 days of the date of this memo- randum [Oct. 31, 2020], the Secretary of Energy, in con- sultation with the United States Trade Representative, shall submit a report to the President, through the As- sistant to the President for Economic Policy (who shall act in coordination with the Assistant to the President for National Security Affairs), assessing: (i) the economic impacts of prohibiting, or sharply restricting, the use of hydraulic fracturing and other technologies, including the following: (A) any loss of jobs, wages, benefits, and other eco- nomic opportunities by Americans who work in or are indirectly benefited by the energy industry and other industries (including mining for sand and other minerals); (B) any increases in energy prices (including the prices of gasoline, electricity, heating, and air condi- tioning) for Americans (including senior citizens and other persons on fixed incomes) and businesses; (C) any decreases in property values and in the roy- alties and other revenues that are currently available to private property owners; and (D) any decreases in tax revenues, impact fees, roy- alties, and other revenues currently available to the Federal Government, to State and local governments, and to civic institutions (including public schools, trade and vocational schools, community colleges, and other educational and training institutions; hos- pitals; and medical clinics); (ii) the trade impacts of prohibiting, or sharply re- stricting, the use of hydraulic fracturing and other technologies, including impacts on United States ex- ports of liquefied natural gas (LNG) and other energy products, as well as exports of other commodities that may be affected by increases in transportation costs; and (iii) such other domestic or economic impacts as the Secretary of Energy deems appropriate. (b) In preparing the report described in subsection (a) of this section, the Secretary of Energy and the United States Trade Representative shall consult with the Secretary of the Treasury, the Secretary of the Inte- rior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Transportation, the Administrator of the Environ- mental Protection Agency, the Chairman of CEA, the Chairman of the Council on Environmental Quality, and such other officials as the Secretary of Energy and the United States Trade Representative deem appro- priate. SEC. 5. Assessing the National Security Impacts of Under- mining Hydraulic Fracturing and Other Technologies. Within 70 days of the date of this memorandum, the Secretary of Energy shall submit a report to the Presi- dent, through the Assistant to the President for Na- tional Security Affairs (who shall act in coordination with the Assistant to the President for Economic Pol- icy), assessing the national security impacts of prohib- iting, or sharply restricting, the use of hydraulic frac- turing and other technologies. This report shall include an assessment of potential impacts on Russian and Chi- nese energy production, consumption, and trade activi- ties, and on the energy security of United States allies, that may be attributable to changes in United States exports of LNG and other energy products. In preparing this report, the Secretary of Energy shall consult with the Secretary of State, the Secretary of Defense, the United States Trade Representative, and such other of- ficials as the Secretary of Energy deems appropriate. This report may be combined, as appropriate, with the report required by section 4 of this memorandum, in which case the combined report shall be submitted to the President through the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy. SEC. 6. Reinforcing Executive Order 13211. (a) Executive Order 13211 of May 18, 2001 (Actions Concerning Regula- tions That Significantly Affect Energy Supply, Dis- tribution, or Use) [42 U.S.C. 13201 note] provides that agencies ‘‘shall prepare’’ detailed Statements of Energy Effects when undertaking certain agency actions that are likely to have a significant adverse impact on the supply, distribution, or use of energy. Such Statements ‘‘shall describe’’ ‘‘any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented’’ and ‘‘reasonable alternatives to the action with adverse energy effects and the expected effects of such alternatives on energy supply, distribution, and use.’’ In order to enhance compliance with Executive Order 13211, I direct the Di- rector of the Office of Management and Budget (OMB), through the Administrator of the Office of Information and Regulatory Affairs (OIRA), to review the record of compliance with that order by agencies (as defined in that order) and to provide new guidance, as appro- priate, concerning the implementation of and compli- ance with that order. Page 8524 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13211 1 So in original. The period probably should be a semicolon. 2 See References in Text note below. (b) Within 30 days of the date of this memorandum, the Director of OMB shall, as appropriate, identify for the President, through the Assistant to the President for Economic Policy (who shall act in coordination with the Assistant to the President for National Secu- rity Affairs), agencies on which the Administrator of OIRA intends to focus attention to ensure robust com- pliance with Executive Order 13211. SEC. 7. Definition. For purposes of this memorandum, the terms ‘‘hydraulic fracturing’’ and ‘‘fracking’’ shall have the meaning assigned to ‘‘hydraulic fracturing’’ in 40 C.F.R. 60.5430. SEC. 8. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Energy is hereby authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. SUBCHAPTER I—ALTERNATIVE FUELS— GENERAL § 13211. Definitions For purposes of this subchapter, subchapter II, and subchapter III (unless otherwise specified)— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency; (2) the term ‘‘alternative fuel’’ means meth- anol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by vol- ume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas, including liquid fuels domesti- cally produced from natural gas; liquefied pe- troleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is sub- stantially not petroleum and would yield sub- stantial energy security benefits and substan- tial environmental benefits; (3) ALTERNATIVE FUELED VEHICLE.— (A) IN GENERAL.—The term ‘‘alternative fueled vehicle’’ means a dedicated vehicle or a dual fueled vehicle; (B) INCLUSIONS.—The term ‘‘alternative fueled vehicle’’ includes— (i) a new qualified fuel cell motor vehicle (as defined in section 30B(b)(3) of title 26); (ii) a new advanced lean burn technology motor vehicle (as defined in section 30B(c)(3) of that title); (iii) a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of that title); and (iv) any other type of vehicle that the Administrator demonstrates to the Sec- retary would achieve a significant reduc- tion in petroleum consumption.1 (4) the term ‘‘comparable conventionally fueled motor vehicle’’ means a motor vehicle which is, as determined by the Secretary— (A) commercially available at the time the comparability of the vehicle is being as- sessed; (B) powered by an internal combustion en- gine that utilizes gasoline or diesel fuel as its fuel source; and (C) provides passenger capacity or payload capacity the same or similar to the alter- native fueled vehicle to which it is being compared; (5) ‘‘covered person’’ means a person that owns, operates, leases, or otherwise controls— (A) a fleet that contains at least 20 motor vehicles that are centrally fueled or capable of being centrally fueled, and are used pri- marily within a metropolitan statistical area or a consolidated metropolitan statis- tical area, as established by the Bureau of the Census, with a 1980 population of 250,000 or more; and (B) at least 50 motor vehicles within the United States; (6) the term ‘‘dedicated vehicle’’ means— (A) a dedicated automobile, as such term is defined in section 32901(a)(7) 2 of title 49; or (B) a motor vehicle, other than an auto- mobile, that operates solely on alternative fuel; (7) the term ‘‘domestic’’ means derived from resources within the several States, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other Commonwealth, territory, or possession of the United States, including the outer Continental Shelf, as such term is defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], or from resources within a Nation with which there is in effect a free trade agreement requiring national treatment for trade; (8) the term ‘‘dual fueled vehicle’’ means— (A) dual fueled automobile, as such term is defined in section 32901(a)(8) 2 of title 49; or (B) a motor vehicle, other than an auto- mobile, that is capable of operating on alter- native fuel and is capable of operating on gasoline or diesel fuel; (9) the term ‘‘fleet’’ means a group of 20 or more light duty motor vehicles, used pri- marily in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000, that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or oth- erwise controlled by a governmental entity or other person who owns, operates, leases, or otherwise controls 50 or more such vehicles, by