IB
Union Calendar No. 9
118THCONGRESS
1
STSESSION 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
FEBRUARY21, 2023
Mr. P
ENCEintroduced the following bill; which was referred to the Committee
on Energy and Commerce
M
ARCH23, 2023
Additional sponsors: Mr. D
UNCAN, Mr. LATTA, Mr. WEBERof Texas, Mr.
C
URTIS, Mr. BUCSHON, Mr. CRENSHAW, and Mr. CARTERof Georgia
M
ARCH23, 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
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•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.
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•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) C
LEANAIRACTREQUIREMENTS.— 5
(1) I
N 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) C
ONFLICT WITH OTHER ENVIRONMENTAL 23
LAWS.—The Administrator shall ensure that any 24
waiver of a requirement under the Clean Air Act 25
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•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) V
IOLATIONS 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) E
XPIRATION 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
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•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) S
UBSEQUENT 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) C
RITICAL 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) S
OLIDWASTEDISPOSALACTREQUIREMENTS.— 17
(1) H
AZARDOUS 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) I
NGENERAL.—If the Administrator, in con-24
sultation with the Secretary of Energy, determines that, 25
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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) C
ONFLICTWITHOTHERENVIRONMENTAL 13
L
AWS.—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) V
IOLATIONS OF OTHERENVIRONMENTAL 20
L
AWS.—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
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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) E
XPIRATION ANDRENEWAL OFWAIVERS.—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) S
UBSEQUENTACTION BYCOURT.—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) D
EFINITIONS.—In this section: 22
‘‘(1) C
OVERED REQUIREMENT .—The term ‘cov-23
ered requirement’ means— 24
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‘‘(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) C
RITICAL 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) C
RITICAL 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) T
ABLE 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.’’.
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kjohnson on DSK79L0C42PROD with BILLS Union Calendar No.
9
118
TH
CONGRESS
1
ST
S
ESSION
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.
M
ARCH
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