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.

Subjects: Environmental Protection, Administrative law and regulatory procedures, Civil actions and liability, Energy storage, supplies, demand, Environmental Protection Agency (EPA), Environmental regulatory procedures, Hazardous wastes and toxic substances, Industrial policy and productivity, Solid waste and recycling


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1140 Introduced in House (IH)]

&lt;DOC&gt;






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.''.
                                 &lt;all&gt;
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