This bill allows the Environmental Protection Agency (EPA) to issue a temporary waiver of requirements under the Clean Air Act or the Solid Waste Disposal Act for a critical energy resource facility if the EPA finds that the processing or refining of a critical energy resource at the facility is necessary to meet national security or energy security needs. Further, the EPA may issue such waiver with or without notice, hearing, or other report.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1140 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1140
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER FOR NATIONAL SECURITY OR ENERGY SECURITY.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Minerals.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 13 - 6 .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 28 - 21.
Reported by the Committee on Energy and Commerce. H. Rept. 118-16.
Reported by the Committee on Energy and Commerce. H. Rept. 118-16.
Placed on the Union Calendar, Calendar No. 9.
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