Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2021
Bill: H.R.2132 | Sponsor: Rep. Cartwright, Matt (D-PA)
Policy area: Environmental Protection

Summary:
CLEANER Act of 2021 or the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2021
This bill eliminates the exemption of waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy from regulations governing the disposal of hazardous waste.
Within a year of enactment, the Environmental Protection Agency (EPA) must

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CLEANER Act of 2021'' or the 
``Closing Loopholes and Ending Arbitrary and Needless Evasion of 
Regulations Act of 2021''.

SEC. 2. REGULATION OF WASTES ASSOCIATED WITH THE EXPLORATION, 
              DEVELOPMENT, OR PRODUCTION OF CRUDE OIL, NATURAL GAS, OR 
              GEOTHERMAL ENERGY UNDER THE SOLID WASTE DISPOSAL ACT.

    (a) Identification or Listing, and Regulation Under Subtitle C.--
Paragraph (2) of section 3001(b) of the Solid Waste Disposal Act (42 
U.S.C. 6921(b)) is amended to read as follows:
    ``(2) Not later than 1 year after the date of enactment of the 
CLEANER Act of 2021, the Administrator shall--
            ``(A) determine whether drilling fluids, produced waters, 
        and other wastes associated with the exploration, development, 
        or production of crude oil, natural gas, or geothermal energy 
        meet the criteria promulgated under this section for the 
        identification or listing of hazardous waste;
            ``(B) identify or list as hazardous waste any drilling 
        fluids, produced waters, or other wastes associated with the 
        exploration, development, or production of crude oil, natural 
        gas, or geothermal energy that the Administrator determines, 
        pursuant to subparagraph (A), meet the criteria promulgated 
        under this section for the identification or listing of 
        hazardous waste; and
            ``(C) promulgate regulations under sections 3002, 3003, and 
        3004 for wastes identified or listed as hazardous waste 
        pursuant to subparagraph (B), except that the Administrator is 
        authorized to modify the requirements of such sections to take 
        into account the special characteristics of such wastes so long 
        as such modified requirements protect human health and the 
        environment.''.
    (b) Regulation Under Subtitle D.--Section 4010(c) of the Solid 
Waste Disposal Act (42 U.S.C. 6949a(c)) is amended by adding at the end 
the following new paragraph:
            ``(7) Drilling fluids, produced waters, and other wastes 
        associated with the exploration, development, or production of 
        crude oil, natural gas, or geothermal energy.--Not later than 1 
        year after the date of enactment of the CLEANER Act of 2021, 
        the Administrator shall promulgate revisions of the criteria 
        promulgated under section 4004(a) and under section 1008(a)(3) 
        for facilities that may receive drilling fluids, produced 
        waters, or other wastes associated with the exploration, 
        development, or production of crude oil, natural gas, or 
        geothermal energy, that are not identified or listed as 
        hazardous waste pursuant to section 3001(b)(2). The criteria 
        shall be those necessary to protect human health and the 
        environment and may take into account the practicable 
        capability of such facilities. At a minimum such revisions for 
        facilities potentially receiving such wastes should require 
        ground water monitoring as necessary to detect contamination, 
        establish criteria for the acceptable location of new or 
        existing facilities, and provide for corrective action and 
        financial assurance as appropriate.''.
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