Federal

To authorize the Administrator of the Environmental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility, and for other purposes.

Source: Congress.gov · 1,777 words in original text

What This Bill Does

This bill gives the head of the Environmental Protection Agency (EPA) the power to temporarily skip certain environmental rules for energy facilities. The EPA head can do this if there is a sudden need for critical energy resources or a shortage that affects the country's national security or energy security. The bill covers rules from two major environmental laws: the Clean Air Act and the Solid Waste Disposal Act. ##

Who It Affects

The bill directly affects: - Facilities that process or refine critical energy resources - The head of the Environmental Protection Agency - The Secretary of Energy - Companies or parties operating under environmental waivers ##

Key Provisions

- The EPA head can issue temporary waivers (a permission to skip a rule) of Clean Air Act requirements for critical energy resource facilities without holding a hearing or giving advance notice if national security or energy security requires it (Sec. 1(a)(1)) - The EPA head can waive hazardous waste standards and permit requirements under the Solid Waste Disposal Act for critical energy resource facilities (Sec. 3025(a)) - Any waiver expires after 90 days but can be renewed for additional 90-day periods if the EPA head determines it is still necessary (Sec. 1(a)(4) and Sec. 3025(d)) - Companies operating under a waiver cannot be sued or punished under environmental laws for actions taken while the waiver was in effect, even if those actions would normally violate those laws (Sec. 1(a)(3) and Sec. 3025(c)) - The EPA head must try to make sure waivers do not conflict with other environmental rules and must minimize environmental damage when possible (Sec. 1(a)(2) and Sec. 3025(b)) ##

What Changes

If this bill becomes law, the EPA head gains the authority to temporarily suspend certain environmental rules for energy facilities without a public hearing or advance notice. Companies working at these facilities would be protected from lawsuits or penalties under environmental laws for actions taken under the waiver. Previously, environmental rules could not be skipped in this way without public notice and hearing requirements. ##

Important Definitions

- **Critical energy resource**: An energy resource that the Secretary of Energy determines is essential to the country's energy systems and whose supply chain could be disrupted (Sec. 3025(f)(2)) - **Critical energy resource facility**: A facility that processes or refines a critical energy resource (Sec. 3025(f)(3)) - **Covered requirement**: Hazardous waste management standards, permit requirements, and other requirements under the Solid Waste Disposal Act that can be waived (Sec. 3025(f)(1)) ##

Effective Date

Not specified in bill text

IB Union Calendar No. 9 118TH CONGRESS 1ST SESSION H. R. 1140 [Report No. 118–16] To authorize the Administrator of the Environmental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 21, 2023 Mr. PENCE introduced the following bill; which was referred to the Committee on Energy and Commerce MARCH 23, 2023 Additional sponsors: Mr. DUNCAN, Mr. LATTA, Mr. WEBER of Texas, Mr. CURTIS, Mr. BUCSHON, Mr. CRENSHAW, and Mr. CARTER of Georgia MARCH 23, 2023 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1140 RH A BILL To authorize the Administrator of the Environmental Protec- tion Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility, and for other purposes. VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1140 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. WAIVER FOR NATIONAL SECURITY OR ENERGY 3 SECURITY. 4 (a) CLEAN AIR ACT REQUIREMENTS.— 5 (1) IN GENERAL.—If the Administrator of the 6 Environmental Protection Agency, in consultation 7 with the Secretary of Energy, determines that, by 8 reason of a sudden increase in demand for, or a 9 shortage of, a critical energy resource, or another 10 cause, the processing or refining of a critical energy 11 resource at a critical energy resource facility is nec- 12 essary to meet the national security or energy secu- 13 rity needs of the United States, then the Adminis- 14 trator may, with or without notice, hearing, or other 15 report, issue a temporary waiver of any requirement 16 under the Clean Air Act (42 U.S.C. 7401 et seq.) 17 with respect to such critical energy resource facility 18 that, in the judgment of the Administrator, will 19 allow for such processing or refining at such critical 20 energy resource facility as necessary to best meet 21 such needs and serve the public interest. 22 (2) CONFLICT WITH OTHER ENVIRONMENTAL 23 LAWS.—The Administrator shall ensure that any 24 waiver of a requirement under the Clean Air Act 25 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1140 RH under this subsection, to the maximum extent prac- 1 ticable, does not result in a conflict with a require- 2 ment of any other applicable Federal, State, or local 3 environmental law or regulation and minimizes any 4 adverse environmental impacts. 5 (3) VIOLATIONS OF OTHER ENVIRONMENTAL 6 LAWS.—To the extent any omission or action taken 7 by a party under a waiver issued under this sub- 8 section is in conflict with any requirement of a Fed- 9 eral, State, or local environmental law or regulation, 10 such omission or action shall not be considered a 11 violation of such environmental law or regulation, or 12 subject such party to any requirement, civil or crimi- 13 nal liability, or a citizen suit under such environ- 14 mental law or regulation. 15 (4) EXPIRATION AND RENEWAL OF WAIVERS.— 16 A waiver issued under this subsection shall expire 17 not later than 90 days after it is issued. The Admin- 18 istrator may renew or reissue such waiver pursuant 19 to paragraphs (1) and (2) for subsequent periods, 20 not to exceed 90 days for each period, as the Admin- 21 istrator determines necessary to meet the national 22 security or energy security needs described in para- 23 graph (1) and serve the public interest. In renewing 24 or reissuing a waiver under this paragraph, the Ad- 25 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1140 RH ministrator shall include in any such renewed or re- 1 issued waiver such conditions as are necessary to 2 minimize any adverse environmental impacts to the 3 extent practicable. 4 (5) SUBSEQUENT ACTION BY COURT.—If a 5 waiver issued under this subsection is subsequently 6 stayed, modified, or set aside by a court pursuant a 7 provision of law, any omission or action previously 8 taken by a party under the waiver while the waiver 9 was in effect shall remain subject to paragraph (3). 10 (6) CRITICAL ENERGY RESOURCE; CRITICAL EN- 11 ERGY RESOURCE FACILITY DEFINED.—The terms 12 ‘‘critical energy resource’’ and ‘‘critical energy re- 13 source facility’’ have the meanings given such terms 14 in section 3025(f) of the Solid Waste Disposal Act 15 (as added by this section). 16 (b) SOLID WASTE DISPOSAL ACT REQUIREMENTS.— 17 (1) HAZARDOUS WASTE MANAGEMENT.—The 18 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 19 is amended by inserting after section 3024 the fol- 20 lowing: 21 ‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 22 FACILITIES. 23 ‘‘(a) IN GENERAL.—If the Administrator, in con- 24 sultation with the Secretary of Energy, determines that, 25 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1140 RH by reason of a sudden increase in demand for, or a short- 1 age of, a critical energy resource, or another cause, the 2 processing or refining of a critical energy resource at a 3 critical energy resource facility is necessary to meet the 4 national security or energy security needs of the United 5 States, then the Administrator may, with or without no- 6 tice, hearing, or other report, issue a temporary waiver 7 of any covered requirement with respect to such critical 8 energy resource facility that, in the judgment of the Ad- 9 ministrator, will allow for such processing or refining at 10 such critical energy resource facility as necessary to best 11 meet such needs and serve the public interest. 12 ‘‘(b) CONFLICT WITH OTHER ENVIRONMENTAL 13 LAWS.—The Administrator shall ensure that any waiver 14 of a covered requirement under this section, to the max- 15 imum extent practicable, does not result in a conflict with 16 a requirement of any other applicable Federal, State, or 17 local environmental law or regulation and minimizes any 18 adverse environmental impacts. 19 ‘‘(c) VIOLATIONS OF OTHER ENVIRONMENTAL 20 LAWS.—To the extent any omission or action taken by 21 a party under a waiver issued under this section is in con- 22 flict with any requirement of a Federal, State, or local 23 environmental law or regulation, such omission or action 24 shall not be considered a violation of such environmental 25 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1140 RH law or regulation, or subject such party to any require- 1 ment, civil or criminal liability, or a citizen suit under such 2 environmental law or regulation. 3 ‘‘(d) EXPIRATION AND RENEWAL OF WAIVERS.—A 4 waiver issued under this section shall expire not later than 5 90 days after it is issued. The Administrator may renew 6 or reissue such waiver pursuant to subsections (a) and (b) 7 for subsequent periods, not to exceed 90 days for each pe- 8 riod, as the Administrator determines necessary to meet 9 the national security or energy security needs described 10 in subsection (a) and serve the public interest. In renewing 11 or reissuing a waiver under this subsection, the Adminis- 12 trator shall include in any such renewed or reissued waiver 13 such conditions as are necessary to minimize any adverse 14 environmental impacts to the extent practicable. 15 ‘‘(e) SUBSEQUENT ACTION BY COURT.—If a waiver 16 issued under this section is subsequently stayed, modified, 17 or set aside by a court pursuant a provision of law, any 18 omission or action previously taken by a party under the 19 waiver while the waiver was in effect shall remain subject 20 to subsection (c). 21 ‘‘(f) DEFINITIONS.—In this section: 22 ‘‘(1) COVERED REQUIREMENT.—The term ‘cov- 23 ered requirement’ means— 24 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1140 RH ‘‘(A) any standard established under sec- 1 tion 3002, 3003, or 3004; 2 ‘‘(B) the permit requirement under section 3 3005; or 4 ‘‘(C) any other requirement of this Act, as 5 the Administrator determines appropriate. 6 ‘‘(2) CRITICAL ENERGY RESOURCE.—The term 7 ‘critical energy resource’ means, as determined by 8 the Secretary of Energy, any energy resource— 9 ‘‘(A) that is essential to the energy sector 10 and energy systems of the United States; and 11 ‘‘(B) the supply chain of which is vulner- 12 able to disruption. 13 ‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.— 14 The term ‘critical energy resource facility’ means a 15 facility that processes or refines a critical energy re- 16 source.’’. 17 (2) TABLE OF CONTENTS.—The table of con- 18 tents of the Solid Waste Disposal Act is amended by 19 inserting after the item relating to section 3024 the 20 following: 21 ‘‘Sec. 3025. Waivers for critical energy resource facilities.’’. VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 9 118TH CONGRESS 1ST SESSION H. R. 1140 [Report No. 118–16] A BILL To authorize the Administrator of the Environ- mental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a crit- ical energy resource facility, and for other pur- poses. MARCH 23, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H1140.RH H1140 kjohnson on DSK79L0C42PROD with BILLS

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