I 

117TH CONGRESS 

1ST SESSION H. R. 2132 

To require regulation of wastes associated with the exploration, development, 

or production of crude oil, natural gas, or geothermal energy under 

the Solid Waste Disposal Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2021 

Mr. CARTWRIGHT (for himself, Ms. BARRAGA ́N, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Ms. CLARKE of New York, Mr. COHEN, Mr. 

CONNOLLY, Ms. DEGETTE, Ms. ESHOO, Mr. GRIJALVA, Mr. HASTINGS, 

Mrs. HAYES, Mr. JONES, Mr. KHANNA, Mr. LARSON of Connecticut, Mr. 

LYNCH, Ms. MATSUI, Ms. MCCOLLUM, Ms. MENG, Mr. MORELLE, Mr. 

NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. RASKIN, 

Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT of Virginia, Mr. SHERMAN, 

Mr. SIRES, Mr. SMITH of Washington, Mr. VARGAS, Ms. VELA ́ZQUEZ, 

Mr. WELCH, and Mr. HUFFMAN) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To require regulation of wastes associated with the exploration, development, or production of crude oil, natural 

gas, or geothermal energy under the Solid Waste Disposal Act, 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, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2132 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘CLEANER Act of 

3 2021’’ or the ‘‘Closing Loopholes and Ending Arbitrary 

4 and Needless Evasion of Regulations Act of 2021’’. 

5 SEC. 2. REGULATION OF WASTES ASSOCIATED WITH THE 

6 EXPLORATION, DEVELOPMENT, OR PRODUC7 TION OF CRUDE OIL, NATURAL GAS, OR GEO8 THERMAL ENERGY UNDER THE SOLID WASTE 

9 DISPOSAL ACT. 

10 (a) IDENTIFICATION OR LISTING, AND REGULATION

11 UNDER SUBTITLE C.—Paragraph (2) of section 3001(b) 

12 of the Solid Waste Disposal Act (42 U.S.C. 6921(b)) is 

13 amended to read as follows: 

14 ‘‘(2) Not later than 1 year after the date of enact15 ment of the CLEANER Act of 2021, the Administrator 

16 shall— 

17 ‘‘(A) determine whether drilling fluids, pro18 duced waters, and other wastes associated with the 

19 exploration, development, or production of crude oil, 

20 natural gas, or geothermal energy meet the criteria 

21 promulgated under this section for the identification 

22 or listing of hazardous waste; 

23 ‘‘(B) identify or list as hazardous waste any 

24 drilling fluids, produced waters, or other wastes as25 sociated with the exploration, development, or pro26 duction of crude oil, natural gas, or geothermal enVerDate Sep 11 2014 01:01 May 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2132.IH H2132

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2132 IH

1 ergy that the Administrator determines, pursuant to 

2 subparagraph (A), meet the criteria promulgated 

3 under this section for the identification or listing of 

4 hazardous waste; and 

5 ‘‘(C) promulgate regulations under sections 

6 3002, 3003, and 3004 for wastes identified or listed 

7 as hazardous waste pursuant to subparagraph (B), 

8 except that the Administrator is authorized to mod9 ify the requirements of such sections to take into ac10 count the special characteristics of such wastes so 

11 long as such modified requirements protect human 

12 health and the environment.’’. 

13 (b) REGULATION UNDER SUBTITLE D.—Section 

14 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 

15 6949a(c)) is amended by adding at the end the following 

16 new paragraph: 

17 ‘‘(7) DRILLING FLUIDS, PRODUCED WATERS, 

18 AND OTHER WASTES ASSOCIATED WITH THE EXPLO19 RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE

20 OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 

21 later than 1 year after the date of enactment of the 

22 CLEANER Act of 2021, the Administrator shall 

23 promulgate revisions of the criteria promulgated 

24 under section 4004(a) and under section 1008(a)(3) 

25 for facilities that may receive drilling fluids, proVerDate Sep 11 2014 01:01 May 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2132.IH H2132

kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2132 IH

1 duced waters, or other wastes associated with the ex2 ploration, development, or production of crude oil, 

3 natural gas, or geothermal energy, that are not iden4 tified or listed as hazardous waste pursuant to sec5 tion 3001(b)(2). The criteria shall be those nec6 essary to protect human health and the environment 

7 and may take into account the practicable capability 

8 of such facilities. At a minimum such revisions for 

9 facilities potentially receiving such wastes should re10 quire ground water monitoring as necessary to de11 tect contamination, establish criteria for the accept12 able location of new or existing facilities, and provide 

13 for corrective action and financial assurance as ap14 propriate.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS