IB 
Union Calendar No. 9 
118TH CONGRESS 
1ST SESSION 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 
FEBRUARY 21, 2023 
Mr. PENCE introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
MARCH 23, 2023 
Additional sponsors: Mr. DUNCAN, Mr. LATTA, Mr. WEBER of Texas, Mr. 
CURTIS, Mr. BUCSHON, Mr. CRENSHAW, and Mr. CARTER of Georgia 
MARCH 23, 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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Be it enacted by the Senate and House of Representa-
tives 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 nec-
essary to meet the national security or energy secu-
rity needs of the United States, then the Adminis-
trator 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 
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under this subsection, to the maximum extent prac-
ticable, does not result in a conflict with a require-
ment 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 sub-
section is in conflict with any requirement of a Fed-
eral, 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 crimi-
nal liability, or a citizen suit under such environ-
mental 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 Admin-
istrator 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 Admin-
istrator determines necessary to meet the national 
security or energy security needs described in para-
graph (1) and serve the public interest. In renewing 
or reissuing a waiver under this paragraph, the Ad-
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ministrator shall include in any such renewed or re-
issued 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 EN-
ERGY
RESOURCE
FACILITY
DEFINED.—The terms 
‘‘critical energy resource’’ and ‘‘critical energy re-
source 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 fol-
lowing: 
‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 
FACILITIES. 
‘‘(a) IN GENERAL.—If the Administrator, in con-
sultation with the Secretary of Energy, determines that, 
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by reason of a sudden increase in demand for, or a short-
age 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 no-
tice, 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 Ad-
ministrator, 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 max-
imum 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 con-
flict 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 
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law or regulation, or subject such party to any require-
ment, 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 pe-
riod, 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 Adminis-
trator 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 ‘cov-
ered requirement’ means— 
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