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.
Sponsors
Legislative Progress
ReportedAdditional sponsors: Mr. Duncan, Mr. Latta, Mr. Weber of Texas, …
Reported from the Committee on Energy and Commerce; committed to …
Mr. Pence introduced the following bill; which was referred to …
Summary
What This Bill Does
This bill allows the EPA Administrator to waive Clean Air Act and hazardous waste requirements for "critical energy facilities" during national security or energy security emergencies. The waiver power can be exercised without notice, hearing, or public comment. Waivers last 90 days and can be renewed indefinitely.
Who Benefits and How
Energy processing and refining facilities (oil refineries, critical mineral processors) gain a pathway to bypass environmental regulations during supply shortages or emergencies. Companies cannot be held liable for violations of state or local environmental laws while operating under a waiver. The energy industry gains regulatory flexibility during crisis situations.
Who Bears the Burden and How
Communities near energy facilities may face increased pollution exposure during waiver periods. Environmental groups lose enforcement mechanisms while waivers are in effect. State and local governments cannot enforce their environmental laws against facilities operating under federal waivers.
Key Provisions
- EPA can waive Clean Air Act requirements for critical energy facilities during emergencies
- EPA can waive Solid Waste Disposal Act hazardous waste requirements
- No notice, hearing, or report required before issuing waiver
- Waivers expire after 90 days but can be renewed indefinitely
- Actions taken under waiver cannot be considered violations of any environmental law
- Liability protection survives even if waiver is later overturned by courts
- Secretary of Energy determines what qualifies as "critical energy resource"
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Authorizes EPA Administrator to waive Clean Air Act and Solid Waste Disposal Act requirements for critical energy facilities when necessary for national security or energy security, with 90-day waiver periods that can be renewed.
Policy Domains
Legislative Strategy
"Create emergency regulatory relief pathway for energy facilities facing Clean Air Act or hazardous waste requirements"
Likely Beneficiaries
- Energy processing and refining facilities
- Oil refineries
- Critical mineral processors
Likely Burden Bearers
- Environmental regulators (reduced authority)
- Communities near facilities (potential increased pollution)
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "administrator"
- → Administrator of the Environmental Protection Agency
- "secretary_energy"
- → Secretary of Energy
Key Definitions
Terms defined in this bill
Any energy resource essential to U.S. energy sector with supply chain vulnerable to disruption
A facility that processes or refines a critical energy resource
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology