,,ii #aagth ,,congress #b;d ,session ,s4 #dhae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ab1 #bjbb,mrs4 ,capito 7for herself1 ,mr4 ,mc,connell1 ,mr4 ,thune1 ,mr4 ,grassley1 ,mr4 ,cramer1 ,mr4 ,inhofe1 ,mrs4 ,hyde-,smith1 ,mr4 ,cassidy1 ,mr4 ,hagerty1 ,mr4 ,risch1 ,mrs4 ,fischer1 ,mr4 ,johnson1 ,mr4 ,braun1 ,mr4 ,graham1 ,mr4 ,blunt1 ,mr4 ,barrasso1 ,mr4 ,sasse1 ,mr4 ,tillis1 ,mr4 ,toomey1 ,mr4 ,rounds1 ,ms4 ,ernst1 ,mr4 ,wicker1 ,ms4 ,lummis1 ,mr4 ,crapo1 ,mr4 ,young1 ,mr4 ,cruz1 ,mr4 ,hoeven1 ,mr4 ,moran1 ,mrs4 ,blackburn1 ,ms4 ,murkowski1 ,mr4 ,scott of ,florida1 ,mr4 ,cotton1 ,mr4 ,marshall1 ,mr4 ,burr1 ,mr4 ,daines1 ,mr4 ,shelby1 ,mr4 ,sullivan1 ,mr4 ,tuberville1 ,mr4 ,rubio1 ,mr4 ,cornyn1 ,mr4 ,boozman1 ,mr4 ,kennedy1 and ,mr4 ,scott of ,south ,carolina7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to clarify regulatory certainty1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,simplify ,timelines and ,assure ,regulatory ,transparency ,act or the ,,start ,act4 #b4 ,codification of ,,nepa regulations ,the revisions to the ,code of ,federal ,regulations made pursuant to the final rule of the ,council on ,environmental ,quality titled ,update to the ,regulations ,implementing the ,procedural ,provisions of the ,national ,environmental ,policy ,act and published on ,july #af1 #bjbj 7#he ,fed4 ,reg4 #dccjd71 shall have the same force and effect of law as if enacted by an ,act of ,congress4 #c4 ,providing regulatory certainty under the ,federal ,water ,pollution ,control ,act 7a7 ,waters of the ,united ,states ,the definitions of the term waters of the ,united ,states and the other terms defined in section #cbh4c of title #cc1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjba71 are enacted into law4 7b7 ,codification of section #dja certification rule ,the final rule of the ,environmental ,protection ,agency entitled ,clean ,water ,act ,section #dja ,certification ,rule 7#he ,fed4 ,reg4 #dbbaj 7,july #ac1 #bjbj77 is enacted into law4 7c7 ,codification of ,nationwide ,permits ,the ,nationwide ,permits issued1 reissued1 or modified1 as applicable1 in the following final rules of the ,corps of ,engineers are enacted into law3 7#a7 ,the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#hf ,fed4 ,reg4 #bgdd 7,january #ac1 #bjba774 7#b7 ,the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#hf ,fed4 ,reg4 #gcebb 7,december #bg1 #bjba774 7d7 ,national pollutant discharge elimination system ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by striking five years and inserting #aj years4 #d4 ,prohibition on use of social cost of greenhouse gas estimates raising gasoline prices 7a7 ,in general ,in promulgating regulations1 issuing guidance1 or taking any agency action 7as defined in section #eea of title #e1 ,united ,states ,code7 relating to the social cost of greenhouse gases1 no ,federal agency shall adopt or otherwise use any estimates for the social cost of greenhouse gases that may raise gasoline prices1 as determined through a review by the ,energy ,information ,administration4 7b7 ,inclusion ,the estimates referred to in subsection 7a7 include the interim estimates in the document of the ,interagency ,working ,group on the ,social ,cost of ,greenhouse ,gases entitled ,technical ,support ,document3 ,social ,cost of ,carbon1 ,methane1 and ,nitrous ,oxide ,interim ,estimates under ,executive ,order #aciij and dated ,february #bjba4 #e4 ,expediting permitting and review processes 7a7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by a ,federal department or agency that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of an energy project1 including any authorization described in section #dajja7c7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#c774 7#b7 ,energy project ,the term energy project means any project involving the exploration1 development1 production1 transportation1 combustion1 transmission1 or distribution of an energy resource or electricity for which-- 7,a7 an authorization is required under a ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 7i7 the head of the lead agency has determined that an environmental impact statement is required2 or 7ii7 the head of the lead agency has determined that an environmental assessment is required1 and the project sponsor requests that the project be treated as an energy project4 7#c7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,environmental review and authorization process ,the term environmental review and authorization process means-- 7,a7 the process for preparing for an energy project an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 the completion of any authorization decision required for an energy project under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#e7 ,lead agency ,the term lead agency means-- 7,a7 the ,department of ,energy2 7,b7 the ,department of the ,interior2 7,c7 the ,department of ,agriculture2 7,d7 the ,federal ,energy ,regulatory ,commission2 7,e7 the ,nuclear ,regulatory ,commission2 or 7,f7 any other appropriate ,federal agency1 as applicable1 that may be responsible for navigating the energy project through the environmental review and authorization process4 7#f7 ,project sponsor ,the term project sponsor means an agency or other entity1 including any private or public-private entity1 that seeks approval from a lead agency for an energy project4 7b7 ,timely authorizations for energy projects 7#a7 ,in general 7,a7 ,deadline ,except as provided in subparagraph 7,c71 all authorization decisions necessary for the construction of an energy project shall be completed by not later than #ij days after the date of the issuance of a record of decision for the energy project by the lead agency4 7,b7 ,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 project4 7,c7 ,extension of deadline ,the head of a lead agency may extend the deadline under subparagraph 7,a7 if-- 7i7 ,federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph2 7ii7 the project sponsor requests that the permit or approval follow a different timeline2 or 7iii7 an extension would facilitate completion of the environmental review and authorization process of the energy project4 7#b7 ,energy project schedule ,to the maximum extent practicable and consistent with applicable ,federal law1 for an energy project1 the lead agency shall develop1 in concurrence with the project sponsor1 a schedule for the energy project that is consistent with a time period of not more than #b years for the completion of the environmental review and authorization process for an energy project1 as measured from1 as applicable-- 7,a7 the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision2 or 7,b7 the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact4 7#c7 ,length of environmental impact statement 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraph 7,b71 to the maximum extent practicable1 the text of the items described in paragraphs 7#d7 through 7#f7 of section #aejb4aj7;a7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 of an environmental impact statement for an energy project shall be #bjj pages or fewer4 7,b7 ,exemption ,the text referred to in subparagraph 7,a7 of an environmental impact statement for an energy project may exceed #bjj pages if the lead agency establishes a new page limit for the environmental impact statement for that energy project4 7c7 ,deadline for filing energy-,related causes of action 7#a7 ,definitions ,in this subsection3 7,a7 ,agency action ,the term agency action has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7,b7 ,energy-related cause of action ,the term energy-related cause of action means a cause of action that-- 7i7 is filed on or after the date of enactment of this ,act2 and 7ii7 seeks judicial review of a final agency action to issue a permit1 license1 or other form of agency permission for an energy project4 7#b7 ,deadline for filing 7,a7 ,in general ,notwithstanding any other provision of ,federal law1 an energy-related cause of action shall be filed by-- 7i7 not later than #fj days after the date of publication of the applicable final agency action2 or 7ii7 if another ,federal law provides for an earlier deadline than the deadline described in clause 7i71 the earlier deadline4 7,b7 ,prohibition ,an energy-related cause of action that is not filed within the applicable time period described in subparagraph 7,a7 shall be barred4 7d7 ,application of categorical exclusions for energy projects ,in carrying out requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for an energy project1 a ,federal agency may use categorical exclusions designated under that ,act in the implementing regulations of any other agency1 subject to the conditions that-- 7#a7 the agency makes a determination1 in consultation with the lead agency1 that the categorical exclusion applies to the energy project2 7#b7 the energy project satisfies the conditions for a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#c7 the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the agency1 except any list of the agency that designates categorical exclusions4 #f4 ,fracturing authority within ,states 7a7 ,definition of ,federal land ,in this section1 the term ,federal land means-- 7#a7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 7#b7 ,national ,forest ,system land2 7#c7 land under the jurisdiction of the ,bureau of ,reclamation2 and 7#d7 land under the jurisdiction of the ,corps of ,engineers4 7b7 ,state authority 7#a7 ,in general ,a ,state shall have the sole authority to promulgate or enforce any regulation1 guidance1 or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil1 natural gas1 or geothermal production activities on or under any land within the boundaries of the ,state4 7#b7 ,federal land ,the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil1 natural gas1 or geothermal production activities on ,federal land shall be subject to the law of the ,state in which the land is located4 #g4 ,federal land freedom 7a7 ,definitions ,in this section3 7#a7 ,available federal land ,the term available ,federal land means any ,federal land that1 as of ,may #ca1 #bjac-- 7,a7 is located within the boundaries of a ,state2 7,b7 is not held by the ,united ,states in trust for the benefit of a federally recognized ,indian ,tribe2 7,c7 is not a unit of the ,national ,park ,system2 7,d7 is not a unit of the ,national ,wildlife ,refuge ,system2 and 7,e7 is not a congressionally designated wilderness area4 7#b7 ,state ,the term ,state means-- 7,a7 a ,state2 and 7,b7 the ,district of ,columbia4 7#c7 ,state leasing1 permitting1 and regulatory program ,the term ,state leasing1 permitting1 and regulatory program means a program established pursuant to ,state law that regulates the exploration and development of oil1 natural gas1 and other forms of energy on land located in the ,state4 7b7 ,state control of energy development and production on all available federal land 7#a7 ,state leasing1 permitting1 and regulatory programs ,any ,state that has established a ,state leasing1 permitting1 and regulatory program may-- 7,a7 submit to the ,secretaries of the ,interior1 ,agriculture1 and ,energy a declaration that a ,state leasing1 permitting1 and regulatory program has been established or amended2 and 7,b7 seek to transfer responsibility for leasing1 permitting1 and regulating oil1 natural gas1 and other forms of energy development from the ,federal ,government to the ,state4 7#b7 ,state action authorized ,notwithstanding any other provision of law1 on submission of a declaration under paragraph 7#a77;,a71 the ,state submitting the declaration may lease1 permit1 and regulate the exploration and development of oil1 natural gas1 and other forms of energy on ,federal land located in the ,state in lieu of the ,federal ,government4 7#c7 ,effect of ,state action ,any action by a ,state to lease1 permit1 or regulate the exploration and development of oil1 natural gas1 and other forms of energy pursuant to paragraph 7#b7 shall not be subject to1 or considered a ,federal action1 ,federal permit1 or ,federal license under-- 7,a7 subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the #8#8,administrative ,procedure ,act''72 7,b7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code2 7,c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,no effect on ,federal revenues 7#a7 ,in general ,any lease or permit issued by a ,state pursuant to subsection 7b7 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the ,federal ,government4 7#b7 ,disposition of revenues ,any revenues collected by a ,state from leasing or permitting on ,federal land pursuant to subsection 7b7 shall be deposited in the same ,federal account in which the revenues would have been deposited if the lease or permit had been issued by the ,federal ,government4 7#c7 ,effect on ,state processing fees ,nothing in this section prohibits a ,state from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit4 #h4 ,expediting completion of the ,mountain ,valley pipeline 7a7 ,definition of ,mountain ,valley ,pipeline ,in this section1 the term ,mountain ,valley ,pipeline means the ,mountain ,valley ,pipeline project1 as generally described and approved in ,federal ,energy ,regulatory ,commission ,docket ,nos4 ,,cp#af-aj and ,,cp#ai-dgg4 7b7 ,expedited approval ,notwithstanding any other provision of law1 not later than #ba days after the date of enactment of this ,act and for the purpose of facilitating the completion of the ,mountain ,valley ,pipeline-- 7#a7 the ,secretary of the ,army shall issue all permits or verifications necessary-- 7,a7 to complete the construction of the ,mountain ,valley ,pipeline across the waters of the ,united ,states2 and 7,b7 to allow for the operation and maintenance of the ,mountain ,valley ,pipeline2 7#b7 the ,secretary of ,agriculture shall amend the ,land and ,resource ,management ,plan for the ,jefferson ,national ,forest in a manner that is substantively identical to the record of decision with respect to the ,mountain ,valley ,pipeline issued on ,january #aa1 #bjba2 and 7#c7 the ,secretary of the ,interior shall-- 7,a7 reissue the biological opinion and incidental take statement for the ,mountain ,valley ,pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on ,september #d1 #bjbj2 and 7,b7 grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those permits approved in the record of decision with respect to the ,mountain ,valley ,pipeline issued on ,january #ad1 #bjba4 7c7 ,judicial review ,no action taken by the ,secretary of the ,army1 the ,federal ,energy ,regulatory ,commission1 the ,secretary of ,agriculture1 or the ,secretary of the ,interior that grants an authorization1 permit1 verification1 biological opinion1 incidental take statement1 or any other approval related to the ,mountain ,valley ,pipeline1 including the issuance of any authorization1 permit1 verification1 authorization1 biological opinion1 incidental take statement1 or other approval described in subsection 7b71 shall be subject to judicial review4 7d7 ,effect ,this section preempts any statute 7including any other section of this ,act71 regulation1 judicial decision1 or agency guidance that is inconsistent with the issuance of any authorization1 permit1 verification1 authorization1 biological opinion1 incidental take statement1 or other approval described in subsection 7b74 #i4 ,faster project consultation ,section #g7;b77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #ij-;day and inserting #fj-;day2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking #ij days and inserting #fj days2 and 7ii7 by striking #ijth day and inserting #fjth day2 7,b7 in clause 7i71 in the matter preceding subclause 7,i71 by striking #aejth day and inserting #ajjth day2 and 7,c7 in clause 7ii71 by striking #aej or more and inserting #ajj or more4 #aj4 ,new source review permitting 7a7 ,clarification of definition of a modification for emission rate increases1 pollution control1 efficiency1 safety1 and reliability projects ,paragraph 7#d7 of section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a77 is amended-- 7#a7 by inserting 7,a7 before ,the term2 7#b7 by inserting before the period at the end the following3 4 ,for purposes of the preceding sentence1 a change increases the amount of any air pollutant emitted by such source only if the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the #aj-year period immediately preceding the change2 and 7#c7 by adding at the end the following3 7,b7 ,notwithstanding subparagraph 7,a71 the term modification does not include a change at a stationary source that is designed-- 7i7 to reduce the amount of any air pollutant emitted by the source per unit of production2 or 7ii7 to restore1 maintain1 or improve the reliability of operations at1 or the safety of1 the source1 except1 with respect to either clause 7i7 or 7ii71 when the change would be a modification as defined in subparagraph 7,a7 and the ,administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment4 4 7b7 ,clarification of definition of construction for prevention of significant deterioration ,subparagraph 7,c7 of section #afi7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdgi7b77 is amended to read as follows3 7,c7 ,the term construction1 when used in connection with a major emitting facility1 includes a modification 7as defined in section #aaa7;a77 at such facility1 except that for purposes of this subparagraph a modification does not include a change at a major emitting facility that does not result in a significant emissions increase1 or a significant net emissions increase1 in annual actual emissions at such facility4 4 7c7 ,clarification of definition of modifications and modified for nonattainment areas ,paragraph 7#d7 of section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7 is amended to read as follows3 7#d7 ,the terms modifications and modified mean a modification as defined in section #aaa7;a77#d71 except that such terms do not include a change at a major emitting facility that does not result in a significant emissions increase1 or a significant net emissions increase1 in annual actual emissions at such facility4 4 7d7 ,rule of construction ,nothing in this section or the amendments made by this section shall be construed to treat any change as a modification for purposes of any provision of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 if such change would not have been so treated as of the day before the date of enactment of this ,act4 #aa4 ,prohibition on retroactive permit vetoes ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,authority of ,,epa ,administrator 7#a7 ,possible prohibition of specification ,until such time as the ,secretary has issued a permit under this section1 the ,administrator may prohibit the specification 7including the withdrawal of specification7 of any defined area as a disposal site1 and the ,administrator may deny or restrict the use of any defined area for specification 7including the withdrawal of specification7 as a disposal site1 whenever the ,administrator determines1 after notice and opportunity for public hearings1 that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies1 shellfish beds and fishery areas 7including spawning and breeding areas71 wildlife1 or recreational areas4 7#b7 ,consultation required ,before making a determination under paragraph 7#a71 the ,administrator shall consult with the ,secretary4 7#c7 ,written findings required ,the ,administrator shall set forth in writing and make public the findings and reasons of the ,administrator for making any determination under this subsection4 4 #ab4 ,policy review under the ,clean ,air ,act ,section #cji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfji7 is amended to read as follows3 #cji4 ,policy review 7a7 ,environmental impact of proposed legislation 7#a7 ,in general ,the ,administrator shall review1 and comment in writing1 on the environmental impact of any matter relating to the duties and responsibilities granted to the authority of the ,administrator pursuant to this ,act or any other law contained in any legislation proposed by a ,federal department4 7#b7 ,publish ,a written comment referred to in paragraph 7#a7 shall be made public at the conclusion of any review conducted under that paragraph4 7b7 ,unsatisfactory legislation ,in the event the ,administrator determines that any legislation reviewed under subsection 7a77#a7 is unsatisfactory from the standpoint of public health1 welfare1 or environmental quality1 the ,administrator shall publish the determination of the ,administrator and the matter shall be referred to the ,council on ,environmental ,quality4 4