I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. WAIVER FOR NATIONAL SECURITY OR ENERGY 

4 SECURITY. 

5 (a) CLEAN AIR ACT REQUIREMENTS.— 

6 (1) IN GENERAL.—If the Administrator of the 

7 Environmental Protection Agency, in consultation 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1140 IH

1 with the Secretary of Energy, determines that, by 

2 reason of a sudden increase in demand for, or a 

3 shortage of, a critical energy resource, or another 

4 cause, the processing or refining of a critical energy 

5 resource at a critical energy resource facility is nec6 essary to meet the national security or energy secu7 rity needs of the United States, then the Adminis8 trator may, with or without notice, hearing, or other 

9 report, issue a temporary waiver of any requirement 

10 under the Clean Air Act (42 U.S.C. 7401 et seq.) 

11 with respect to such critical energy resource facility 

12 that, in the judgment of the Administrator, will 

13 allow for such processing or refining at such critical 

14 energy resource facility as necessary to best meet 

15 such needs and serve the public interest. 

16 (2) CONFLICT WITH OTHER ENVIRONMENTAL

17 LAWS.—The Administrator shall ensure that any 

18 waiver of a requirement under the Clean Air Act 

19 under this subsection, to the maximum extent prac20 ticable, does not result in a conflict with a require21 ment of any other applicable Federal, State, or local 

22 environmental law or regulation and minimizes any 

23 adverse environmental impacts. 

24 (3) VIOLATIONS OF OTHER ENVIRONMENTAL

25 LAWS.—To the extent any omission or action taken 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1140 IH

1 by a party under a waiver issued under this sub2 section is in conflict with any requirement of a Fed3 eral, State, or local environmental law or regulation, 

4 such omission or action shall not be considered a 

5 violation of such environmental law or regulation, or 

6 subject such party to any requirement, civil or crimi7 nal liability, or a citizen suit under such environ8 mental law or regulation. 

9 (4) EXPIRATION AND RENEWAL OF WAIVERS.— 

10 A waiver issued under this subsection shall expire 

11 not later than 90 days after it is issued. The Admin12 istrator may renew or reissue such waiver pursuant 

13 to paragraphs (1) and (2) for subsequent periods, 

14 not to exceed 90 days for each period, as the Admin15 istrator determines necessary to meet the national 

16 security or energy security needs described in para17 graph (1) and serve the public interest. In renewing 

18 or reissuing a waiver under this paragraph, the Ad19 ministrator shall include in any such renewed or re20 issued waiver such conditions as are necessary to 

21 minimize any adverse environmental impacts to the 

22 extent practicable. 

23 (5) SUBSEQUENT ACTION BY COURT.—If a 

24 waiver issued under this subsection is subsequently 

25 stayed, modified, or set aside by a court pursuant a 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1140 IH

1 provision of law, any omission or action previously 

2 taken by a party under the waiver while the waiver 

3 was in effect shall remain subject to paragraph (3). 

4 (6) CRITICAL ENERGY RESOURCE; CRITICAL EN5 ERGY RESOURCE FACILITY DEFINED.—The terms 

6 ‘‘critical energy resource’’ and ‘‘critical energy re7 source facility’’ have the meanings given such terms 

8 in section 3025(f) of the Solid Waste Disposal Act 

9 (as added by this section). 

10 (b) SOLID WASTE DISPOSAL ACT REQUIREMENTS.— 

11 (1) HAZARDOUS WASTE MANAGEMENT.—The 

12 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

13 is amended by inserting after section 3024 the fol14 lowing: 

15 ‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 

16 FACILITIES. 

17 ‘‘(a) IN GENERAL.—If the Administrator, in con18 sultation with the Secretary of Energy, determines that, 

19 by reason of a sudden increase in demand for, or a short20 age of, a critical energy resource, or another cause, the 

21 processing or refining of a critical energy resource at a 

22 critical energy resource facility is necessary to meet the 

23 national security or energy security needs of the United 

24 States, then the Administrator may, with or without no25 tice, hearing, or other report, issue a temporary waiver 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 1140 IH

1 of any covered requirement with respect to such critical 

2 energy resource facility that, in the judgment of the Ad3 ministrator, will allow for such processing or refining at 

4 such critical energy resource facility as necessary to best 

5 meet such needs and serve the public interest. 

6 ‘‘(b) CONFLICT WITH OTHER ENVIRONMENTAL

7 LAWS.—The Administrator shall ensure that any waiver 

8 of a covered requirement under this section, to the max9 imum extent practicable, does not result in a conflict with 

10 a requirement of any other applicable Federal, State, or 

11 local environmental law or regulation and minimizes any 

12 adverse environmental impacts. 

13 ‘‘(c) VIOLATIONS OF OTHER ENVIRONMENTAL

14 LAWS.—To the extent any omission or action taken by 

15 a party under a waiver issued under this section is in con16 flict with any requirement of a Federal, State, or local 

17 environmental law or regulation, such omission or action 

18 shall not be considered a violation of such environmental 

19 law or regulation, or subject such party to any require20 ment, civil or criminal liability, or a citizen suit under such 

21 environmental law or regulation. 

22 ‘‘(d) EXPIRATION AND RENEWAL OF WAIVERS.—A 

23 waiver issued under this section shall expire not later than 

24 90 days after it is issued. The Administrator may renew 

25 or reissue such waiver pursuant to subsections (a) and (b) 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 1140 IH

1 for subsequent periods, not to exceed 90 days for each pe2 riod, as the Administrator determines necessary to meet 

3 the national security or energy security needs described 

4 in subsection (a) and serve the public interest. In renewing 

5 or reissuing a waiver under this subsection, the Adminis6 trator shall include in any such renewed or reissued waiver 

7 such conditions as are necessary to minimize any adverse 

8 environmental impacts to the extent practicable. 

9 ‘‘(e) SUBSEQUENT ACTION BY COURT.—If a waiver 

10 issued under this section is subsequently stayed, modified, 

11 or set aside by a court pursuant a provision of law, any 

12 omission or action previously taken by a party under the 

13 waiver while the waiver was in effect shall remain subject 

14 to subsection (c). 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) COVERED REQUIREMENT.—The term ‘cov17 ered requirement’ means— 

18 ‘‘(A) any standard established under sec19 tion 3002, 3003, or 3004; 

20 ‘‘(B) the permit requirement under section 

21 3005; or 

22 ‘‘(C) any other requirement of this Act, as 

23 the Administrator determines appropriate. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 1140 IH

1 ‘‘(2) CRITICAL ENERGY RESOURCE.—The term 

2 ‘critical energy resource’ means, as determined by 

3 the Secretary of Energy, any energy resource— 

4 ‘‘(A) that is essential to the energy sector 

5 and energy systems of the United States; and 

6 ‘‘(B) the supply chain of which is vulner7 able to disruption. 

8 ‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.— 

9 The term ‘critical energy resource facility’ means a 

10 facility that processes or refines a critical energy re11 source.’’. 

12 (2) TABLE OF CONTENTS.—The table of con13 tents of the Solid Waste Disposal Act is amended by 

14 inserting after the item relating to section 3024 the 

15 following: 

‘‘Sec. 3025. Waivers for critical energy resource facilities.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS