Us Congress 2023-2024 Regular Session

Us Congress House Bill HB1140 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	IB
2		-	Union Calendar No. 9
	1	+	I
3	2		118THCONGRESS
4	3		1
5	4		STSESSION H. R. 1140
6		-	[Report No. 118–16]
7	5		To authorize the Administrator of the Environmental Protection Agency to
8	6		waive application of certain requirements with respect to processing and
9	7		refining a critical energy resource at a critical energy resource facility,
10	8		and for other purposes.
11	9		IN THE HOUSE OF REPRESENTATIVES
12	10		FEBRUARY21, 2023
13	11		Mr. P
14	12		ENCEintroduced the following bill; which was referred to the Committee
15	13		on Energy and Commerce
16		-	M
17		-	ARCH23, 2023
18		-	Additional sponsors: Mr. D
19		-	UNCAN, Mr. LATTA, Mr. WEBERof Texas, Mr.
20		-	C
21		-	URTIS, Mr. BUCSHON, Mr. CRENSHAW, and Mr. CARTERof Georgia
22		-	M
23		-	ARCH23, 2023
24		-	Reported from the Committee on Energy and Commerce; committed to the
25		-	Committee of the Whole House on the State of the Union and ordered
26		-	to be printed
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29		-	•HR 1140 RH
30	14		A BILL
31	15		To authorize the Administrator of the Environmental Protec-
32	16		tion Agency to waive application of certain requirements
33	17		with respect to processing and refining a critical energy
34	18		resource at a critical energy resource facility, and for
35	19		other purposes.
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38		-	•HR 1140 RH
39	20		Be it enacted by the Senate and House of Representa-1
40	21		tives of the United States of America in Congress assembled, 2
41	22		SECTION 1. WAIVER FOR NATIONAL SECURITY OR ENERGY 3
42	23		SECURITY. 4
43	24		(a) C
44	25		LEANAIRACTREQUIREMENTS.— 5
45	26		(1) I
46	27		N GENERAL.—If the Administrator of the 6
47	28		Environmental Protection Agency, in consultation 7
48		-	with the Secretary of Energy, determines that, by 8
49		-	reason of a sudden increase in demand for, or a 9
50		-	shortage of, a critical energy resource, or another 10
51		-	cause, the processing or refining of a critical energy 11
52		-	resource at a critical energy resource facility is nec-12
53		-	essary to meet the national security or energy secu-13
54		-	rity needs of the United States, then the Adminis-14
55		-	trator may, with or without notice, hearing, or other 15
56		-	report, issue a temporary waiver of any requirement 16
57		-	under the Clean Air Act (42 U.S.C. 7401 et seq.) 17
58		-	with respect to such critical energy resource facility 18
59		-	that, in the judgment of the Administrator, will 19
60		-	allow for such processing or refining at such critical 20
61		-	energy resource facility as necessary to best meet 21
62		-	such needs and serve the public interest. 22
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	31	+	•HR 1140 IH
	32	+	with the Secretary of Energy, determines that, by 1
	33	+	reason of a sudden increase in demand for, or a 2
	34	+	shortage of, a critical energy resource, or another 3
	35	+	cause, the processing or refining of a critical energy 4
	36	+	resource at a critical energy resource facility is nec-5
	37	+	essary to meet the national security or energy secu-6
	38	+	rity needs of the United States, then the Adminis-7
	39	+	trator may, with or without notice, hearing, or other 8
	40	+	report, issue a temporary waiver of any requirement 9
	41	+	under the Clean Air Act (42 U.S.C. 7401 et seq.) 10
	42	+	with respect to such critical energy resource facility 11
	43	+	that, in the judgment of the Administrator, will 12
	44	+	allow for such processing or refining at such critical 13
	45	+	energy resource facility as necessary to best meet 14
	46	+	such needs and serve the public interest. 15
63	47		(2) C
64		-	ONFLICT WITH OTHER ENVIRONMENTAL 23
65		-	LAWS.—The Administrator shall ensure that any 24
66		-	waiver of a requirement under the Clean Air Act 25
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	48	+	ONFLICT WITH OTHER ENVIRONMENTAL 16
	49	+	LAWS.—The Administrator shall ensure that any 17
	50	+	waiver of a requirement under the Clean Air Act 18
	51	+	under this subsection, to the maximum extent prac-19
	52	+	ticable, does not result in a conflict with a require-20
	53	+	ment of any other applicable Federal, State, or local 21
	54	+	environmental law or regulation and minimizes any 22
	55	+	adverse environmental impacts. 23
	56	+	(3) V
	57	+	IOLATIONS OF OTHER ENVIRONMENTAL 24
	58	+	LAWS.—To the extent any omission or action taken 25
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	61	+	•HR 1140 IH
	62	+	by a party under a waiver issued under this sub-1
	63	+	section is in conflict with any requirement of a Fed-2
	64	+	eral, State, or local environmental law or regulation, 3
	65	+	such omission or action shall not be considered a 4
	66	+	violation of such environmental law or regulation, or 5
	67	+	subject such party to any requirement, civil or crimi-6
	68	+	nal liability, or a citizen suit under such environ-7
	69	+	mental law or regulation. 8
	70	+	(4) E
	71	+	XPIRATION AND RENEWAL OF WAIVERS .— 9
	72	+	A waiver issued under this subsection shall expire 10
	73	+	not later than 90 days after it is issued. The Admin-11
	74	+	istrator may renew or reissue such waiver pursuant 12
	75	+	to paragraphs (1) and (2) for subsequent periods, 13
	76	+	not to exceed 90 days for each period, as the Admin-14
	77	+	istrator determines necessary to meet the national 15
	78	+	security or energy security needs described in para-16
	79	+	graph (1) and serve the public interest. In renewing 17
	80	+	or reissuing a waiver under this paragraph, the Ad-18
	81	+	ministrator shall include in any such renewed or re-19
	82	+	issued waiver such conditions as are necessary to 20
	83	+	minimize any adverse environmental impacts to the 21
	84	+	extent practicable. 22
	85	+	(5) S
	86	+	UBSEQUENT ACTION BY COURT .—If a 23
	87	+	waiver issued under this subsection is subsequently 24
	88	+	stayed, modified, or set aside by a court pursuant a 25
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69		-	•HR 1140 RH
70		-	under this subsection, to the maximum extent prac-1
71		-	ticable, does not result in a conflict with a require-2
72		-	ment of any other applicable Federal, State, or local 3
73		-	environmental law or regulation and minimizes any 4
74		-	adverse environmental impacts. 5
75		-	(3) V
76		-	IOLATIONS OF OTHER ENVIRONMENTAL 6
77		-	LAWS.—To the extent any omission or action taken 7
78		-	by a party under a waiver issued under this sub-8
79		-	section is in conflict with any requirement of a Fed-9
80		-	eral, State, or local environmental law or regulation, 10
81		-	such omission or action shall not be considered a 11
82		-	violation of such environmental law or regulation, or 12
83		-	subject such party to any requirement, civil or crimi-13
84		-	nal liability, or a citizen suit under such environ-14
85		-	mental law or regulation. 15
86		-	(4) E
87		-	XPIRATION AND RENEWAL OF WAIVERS .— 16
88		-	A waiver issued under this subsection shall expire 17
89		-	not later than 90 days after it is issued. The Admin-18
90		-	istrator may renew or reissue such waiver pursuant 19
91		-	to paragraphs (1) and (2) for subsequent periods, 20
92		-	not to exceed 90 days for each period, as the Admin-21
93		-	istrator determines necessary to meet the national 22
94		-	security or energy security needs described in para-23
95		-	graph (1) and serve the public interest. In renewing 24
96		-	or reissuing a waiver under this paragraph, the Ad-25
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	91	+	•HR 1140 IH
	92	+	provision of law, any omission or action previously 1
	93	+	taken by a party under the waiver while the waiver 2
	94	+	was in effect shall remain subject to paragraph (3). 3
	95	+	(6) C
	96	+	RITICAL ENERGY RESOURCE ; CRITICAL EN-4
	97	+	ERGY RESOURCE FACILITY DEFINED .—The terms 5
	98	+	‘‘critical energy resource’’ and ‘‘critical energy re-6
	99	+	source facility’’ have the meanings given such terms 7
	100	+	in section 3025(f) of the Solid Waste Disposal Act 8
	101	+	(as added by this section). 9
	102	+	(b) S
	103	+	OLIDWASTEDISPOSALACTREQUIREMENTS.— 10
	104	+	(1) H
	105	+	AZARDOUS WASTE MANAGEMENT .—The 11
	106	+	Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 12
	107	+	is amended by inserting after section 3024 the fol-13
	108	+	lowing: 14
	109	+	‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 15
	110	+	FACILITIES. 16
	111	+	‘‘(a) I
	112	+	NGENERAL.—If the Administrator, in con-17
	113	+	sultation with the Secretary of Energy, determines that, 18
	114	+	by reason of a sudden increase in demand for, or a short-19
	115	+	age of, a critical energy resource, or another cause, the 20
	116	+	processing or refining of a critical energy resource at a 21
	117	+	critical energy resource facility is necessary to meet the 22
	118	+	national security or energy security needs of the United 23
	119	+	States, then the Administrator may, with or without no-24
	120	+	tice, hearing, or other report, issue a temporary waiver 25
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99		-	•HR 1140 RH
100		-	~~ministrator shall include in~~ any such ~~renewed or re-~~1
101		-	~~issued waiver such conditions as are necessary to~~ 2
102		-	~~minimize any adverse environmental impacts to the~~ 3
103		-	~~extent practicable.~~ 4
104		-	(5~~) S~~
105		-	~~UBSEQUENT ACTION BY COURT .—If a 5~~
106		-	~~waiver issued under this subsection is subsequently~~ 6
107		-	~~stayed, modified, or set aside by a court pursuant a 7~~
108		-	~~provision of law,~~ any ~~omission or action previously 8~~
109		-	~~taken by~~ a ~~party~~ under ~~the waiver while~~ the ~~waiver 9~~
110		-	~~was~~ in ~~effect shall remain subject to paragraph (3). 10~~
111		-	~~(6) C~~
112		-	~~RITICAL ENERGY RESOURCE ; CRITICAL EN-~~11
113		-	~~ERGY RESOURCE FACILITY DEFINED~~ .~~—The terms~~ 12
114		-	‘‘~~critical energy resource’’ and ‘‘critical energy re-13~~
115		-	~~source facility’’ have the meanings given such terms 14~~
116		-	~~in section 3025(f) of the Solid Waste Disposal Act 15~~
117		-	~~(as added~~ by ~~this section). 16~~
118		-	~~(b) S~~
119		-	~~OLIDWASTEDISPOSALACTREQUIREMENTS.— 17~~
120		-	~~(1) H~~
121		-	~~AZARDOUS WASTE MANAGEMENT .—The~~ 18
122		-	~~Solid Waste Disposal Act (42~~ ~~U.S.C. 6901 et seq.)~~ 19
123		-	~~is amended by inserting after section 3024 the fol-~~20
124		-	~~lowing:~~ 21
125		-	‘‘~~SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 22~~
126		-	~~FACILITIES~~. 23
127		-	~~‘‘(a) I~~
128		-	~~NGENERAL~~.~~—If~~ the Administrator~~, in con-~~24
129		-	~~sultation with the Secretary of Energy,~~ ~~determines that,~~ 25
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	123	+	•HR 1140 IH
	124	+	of any covered requirement with respect to such critical 1
	125	+	energy resource facility that, in the judgment of the Ad-2
	126	+	ministrator, will allow for such processing or refining at 3
	127	+	such critical energy resource facility as necessary to best 4
	128	+	meet such needs and serve the public interest. 5
	129	+	‘‘(b) C
	130	+	ONFLICTWITHOTHERENVIRONMENTAL 6
	131	+	L
	132	+	AWS.—The Administrator shall ensure that any waiver 7
	133	+	of a covered requirement under this section, to the max-8
	134	+	imum extent practicable, does not result in a conflict with 9
	135	+	a requirement of any other applicable Federal, State, or 10
	136	+	local environmental law or regulation and minimizes any 11
	137	+	adverse environmental impacts. 12
	138	+	‘‘(c) V
	139	+	IOLATIONS OF OTHERENVIRONMENTAL 13
	140	+	L
	141	+	AWS.—To the extent any omission or action taken by 14
	142	+	a party under a waiver issued under this section is in con-15
	143	+	flict with any requirement of a Federal, State, or local 16
	144	+	environmental law or regulation, such omission or action 17
	145	+	shall not be considered a violation of such environmental 18
	146	+	law or regulation, or subject such party to any require-19
	147	+	ment, civil or criminal liability, or a citizen suit under such 20
	148	+	environmental law or regulation. 21
	149	+	‘‘(d) E
	150	+	XPIRATION ANDRENEWAL OFWAIVERS.—A 22
	151	+	waiver issued under this section shall expire not later than 23
	152	+	90 days after it is issued. The Administrator may renew 24
	153	+	or reissue such waiver pursuant to subsections (a) and (b) 25
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132		-	•HR 1140 RH
133		-	by reason of a sudden increase in demand for, or a short-1
134		-	age of, a critical energy resource, or another cause, the 2
135		-	processing or refining of a critical energy resource at a 3
136		-	critical energy resource facility is necessary to meet the 4
137		-	national security or energy security needs of the United 5
138		-	States, then the Administrator may, with or without no-6
139		-	tice, hearing, or other report, issue a temporary waiver 7
140		-	of any covered requirement with respect to such critical 8
141		-	energy resource facility that, in the judgment of the Ad-9
142		-	ministrator, will allow for such processing or refining at 10
143		-	such critical energy resource facility as necessary to best 11
144		-	meet such needs and serve the public interest. 12
145		-	‘‘(b) C
146		-	ONFLICTWITHOTHERENVIRONMENTAL 13
147		-	L
148		-	AWS.—The Administrator shall ensure that any waiver 14
149		-	of a covered requirement under this section, to the max-15
150		-	imum extent practicable, does not result in a conflict with 16
151		-	a requirement of any other applicable Federal, State, or 17
152		-	local environmental law or regulation and minimizes any 18
153		-	adverse environmental impacts. 19
154		-	‘‘(c) V
155		-	IOLATIONS OF OTHERENVIRONMENTAL 20
156		-	L
157		-	AWS.—To the extent any omission or action taken by 21
158		-	a party under a waiver issued under this section is in con-22
159		-	flict with any requirement of a Federal, State, or local 23
160		-	environmental law or regulation, such omission or action 24
161		-	shall not be considered a violation of such environmental 25
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	156	+	•HR 1140 IH
	157	+	for subsequent periods, not to exceed 90 days for each pe-1
	158	+	riod, as the Administrator determines necessary to meet 2
	159	+	the national security or energy security needs described 3
	160	+	in subsection (a) and serve the public interest. In renewing 4
	161	+	or reissuing a waiver under this subsection, the Adminis-5
	162	+	trator shall include in any such renewed or reissued waiver 6
	163	+	such conditions as are necessary to minimize any adverse 7
	164	+	environmental impacts to the extent practicable. 8
	165	+	‘‘(e) S
	166	+	UBSEQUENTACTION BYCOURT.—If a waiver 9
	167	+	issued under this section is subsequently stayed, modified, 10
	168	+	or set aside by a court pursuant a provision of law, any 11
	169	+	omission or action previously taken by a party under the 12
	170	+	waiver while the waiver was in effect shall remain subject 13
	171	+	to subsection (c). 14
	172	+	‘‘(f) D
	173	+	EFINITIONS.—In this section: 15
	174	+	‘‘(1) C
	175	+	OVERED REQUIREMENT .—The term ‘cov-16
	176	+	ered requirement’ means— 17
	177	+	‘‘(A) any standard established under sec-18
	178	+	tion 3002, 3003, or 3004; 19
	179	+	‘‘(B) the permit requirement under section 20
	180	+	3005; or 21
	181	+	‘‘(C) any other requirement of this Act, as 22
	182	+	the Administrator determines appropriate. 23
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164		-	•HR 1140 RH
165		-	law or regulation, or subject such party to any require-1
166		-	ment, civil or criminal liability, or a citizen suit under such 2
167		-	environmental law or regulation. 3
168		-	‘‘(d) E
169		-	XPIRATION ANDRENEWAL OFWAIVERS.—A 4
170		-	waiver issued under this section shall expire not later than 5
171		-	90 days after it is issued. The Administrator may renew 6
172		-	or reissue such waiver pursuant to subsections (a) and (b) 7
173		-	for subsequent periods, not to exceed 90 days for each pe-8
174		-	riod, as the Administrator determines necessary to meet 9
175		-	the national security or energy security needs described 10
176		-	in subsection (a) and serve the public interest. In renewing 11
177		-	or reissuing a waiver under this subsection, the Adminis-12
178		-	trator shall include in any such renewed or reissued waiver 13
179		-	such conditions as are necessary to minimize any adverse 14
180		-	environmental impacts to the extent practicable. 15
181		-	‘‘(e) S
182		-	UBSEQUENTACTION BYCOURT.—If a waiver 16
183		-	issued under this section is subsequently stayed, modified, 17
184		-	or set aside by a court pursuant a provision of law, any 18
185		-	omission or action previously taken by a party under the 19
186		-	waiver while the waiver was in effect shall remain subject 20
187		-	to subsection (c). 21
188		-	‘‘(f) D
189		-	EFINITIONS.—In this section: 22
190		-	‘‘(1) C
191		-	OVERED REQUIREMENT .—The term ‘cov-23
192		-	ered requirement’ means— 24
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195		-	•HR 1140 RH
196		-	‘‘(A) any standard established under sec-1
197		-	tion 3002, 3003, or 3004; 2
198		-	‘‘(B) the permit requirement under section 3
199		-	3005; or 4
200		-	‘‘(C) any other requirement of this Act, as 5
201		-	the Administrator determines appropriate. 6
202		-	‘‘(2) C
203		-	RITICAL ENERGY RESOURCE .—The term 7
204		-	‘critical energy resource’ means, as determined by 8
205		-	the Secretary of Energy, any energy resource— 9
206		-	‘‘(A) that is essential to the energy sector 10
207		-	and energy systems of the United States; and 11
208		-	‘‘(B) the supply chain of which is vulner-12
209		-	able to disruption. 13
	185	+	•HR 1140 IH
	186	+	‘‘(2) CRITICAL ENERGY RESOURCE .—The term 1
	187	+	‘critical energy resource’ means, as determined by 2
	188	+	the Secretary of Energy, any energy resource— 3
	189	+	‘‘(A) that is essential to the energy sector 4
	190	+	and energy systems of the United States; and 5
	191	+	‘‘(B) the supply chain of which is vulner-6
	192	+	able to disruption. 7
210	193		‘‘(3) C
211		-	RITICAL ENERGY RESOURCE FACILITY .— 14
212		-	The term ‘critical energy resource facility’ means a 15
213		-	facility that processes or refines a critical energy re-16
214		-	source.’’. 17
	194	+	RITICAL ENERGY RESOURCE FACILITY .— 8
	195	+	The term ‘critical energy resource facility’ means a 9
	196	+	facility that processes or refines a critical energy re-10
	197	+	source.’’. 11
215	198		(2) T
216		-	ABLE OF CONTENTS .—The table of con-18
217		-	tents of the Solid Waste Disposal Act is amended by 19
218		-	inserting after the item relating to section 3024 the 20
219		-	following: 21
	199	+	ABLE OF CONTENTS .—The table of con-12
	200	+	tents of the Solid Waste Disposal Act is amended by 13
	201	+	inserting after the item relating to section 3024 the 14
	202	+	following: 15
220	203		‘‘Sec. 3025. Waivers for critical energy resource facilities.’’.
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224		-	9
225		-	118
226		-	TH
227		-	CONGRESS
228		-	1
229		-	ST
230		-	S
231		-	ESSION
232		-
233		-	H. R. 1140
234		-	[Report No. 118–16]
235		-	A BILL
236		-	To authorize the Administrator of the Environ-
237		-	mental Protection Agency to waive application of
238		-	certain requirements with respect to processing
239		-	and refining a critical energy resource at a crit-
240		-	ical energy resource facility, and for other pur-
241		-	poses.
242		-	M
243		-	ARCH
244		-	23, 2023
245		-	Committed to the Committee of the Whole House on the
246		-	State of the Union and ordered to be printed
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	204	+	Æ
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