The debate over omnibus energy legislation ( H.R. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 ( P.L. 6 environmental provisions addressed in this report are the following: limits on the use of MTBE; a renewable fuel mandate for gasoline; stricter regulation of underground storage tanks; climate change; Clean Water Act and Safe Drinking Water Act exemptions for oil and gas exploration and production (related to stormwater runoff and hydraulic fracturing); incentives and R&D funding for alternative fuels and vehicles; hydroelectric relicensing; ozone compliance deadlines; streamlining of environmental regulations; and a renewable portfolio standard. MTBE and Ethanol: Fuels

Title XV of the enacted law contains several provisions addressing the gasoline additives methyl tertiary butyl ether (MTBE) and ethanol. This title also establishes a program to encourage exports of carbon intensity-reducing technologies to developing countries. 109-58 gives a permanent exemption from Clean Water Act (CWA) stormwater runoff rules for the construction of exploration and production facilities by oil and gas companies and the roads that service those sites. Hydraulic fracturing involves the high-pressure injection of fluids into coal beds to enhance the recovery of oil and natural gas from underground formations. Further, the enacted law authorizes funding for the development of a nuclear plant to produce electricity and hydrogen. 109-58 will give applicants for hydroelectric licenses increased flexibility in complying with conditions imposed by federal agencies. In Section 996, the enacted law requires EPA to work with State and local officials in a multi-county Western Michigan project area to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour ozone standard apart from local controls, and to determine the timeframe in which such compliance could take place. 109-58 includes a variety of provisions, applicable to several categories of energy projects, that are intended to expedite the process for completing or complying with environmental requirements. Key Environmental Provisions not Included in P.L.
Debate over a national energy policy has been ongoing since the 107th Congress. Both the 107th and 108th Congresses were unable to complete action on an omnibus energy bill. The 109th Congress debated and passed H.R. 6, the Energy Policy Act of 2005, which was signed by President Bush August 8, 2005 (P.L. 109-58).
The enacted law contains various provisions involving environmental protection and regulation. This report briefly summarizes and discusses the background and implications of key environmental provisions.
Title XV of P.L. 109-58 eliminates the reformulated gasoline (RFG) oxygen standard, and in its place establishes a renewable fuel mandate for gasoline. Because of related concerns over MTBE (a gasoline additive that competes with ethanol) contamination, the enacted law modifies existing authority for cleanup of leaking underground storage tanks, and authorizes funding for MTBE cleanup.
Title XVI establishes a program to promote the development and deployment of low-carbon technologies both domestically and in developing countries.
Section 322 amends the Safe Drinking Water Act to exempt certain hydraulic fracturing techniques from EPA regulation. Hydraulic fracturing involves the underground injection of fluids into coal beds to enhance recovery of oil gas.
Section 323 gives permanent exemption from Clean Water Act stormwater runoff rules for the construction of exploration and production facilities by oil and gas companies and roads that service those sites.
Various sections in Titles VII, VIII, and XIII authorize R&D funding for hydrogen, fuel cells, and alternative fuel vehicles or establish tax incentives for their use.
Section 241 gives applicants for hydroelectric licenses increased flexibility in complying with conditions imposed by federal agencies. These conditions can include water release controls to limit erosion, and protection of habitat.
Section 966 requires EPA to work with state and local officials in western Michigan to determine ozone pollution and transport, and assess alternatives to achieve compliance with air quality standards.
A variety of provisions are intended to expedite the process for completing or complying with environmental requirements.
Not included in the enacted law are provisions on oil exploration in the Arctic National Wildlife Refuge (ANWR) and a renewable portfolio standard.
This report will not be updated.