HR1140-118

Reported

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.

118th Congress Introduced Feb 21, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill allows the EPA Administrator to temporarily waive Clean Air Act and hazardous waste regulations for energy facilities when there is a national security or energy security need. The waivers last up to 90 days but can be renewed indefinitely. It creates a new pathway for energy facilities to bypass environmental compliance during emergencies.

Who Benefits and How

Oil refineries, natural gas processing plants, and other critical energy facilities benefit by gaining the ability to operate without meeting normal environmental permit requirements during declared emergencies. These facilities receive liability protection from civil and criminal penalties, as well as protection from citizen lawsuits for any violations that occur under a waiver.

Who Bears the Burden and How

Communities near critical energy facilities may face increased pollution exposure when environmental requirements are waived. Environmental enforcement agencies lose enforcement authority during waiver periods. Environmental advocacy groups lose their ability to bring citizen suits against facilities operating under waivers.

Key Provisions

  • EPA Administrator can waive Clean Air Act requirements for critical energy resource facilities during emergencies
  • New Section 3025 added to Solid Waste Disposal Act creating parallel waiver authority for RCRA hazardous waste requirements
  • Liability shield protects facilities from civil, criminal, and citizen suit enforcement for actions taken under waivers
  • Waivers expire after 90 days but can be renewed repeatedly

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Authorizes the EPA Administrator to temporarily waive Clean Air Act and Solid Waste Disposal Act requirements for critical energy resource facilities during national security or energy security emergencies.

Key Policy Areas

Energy, Environment, National Security

Primary Purpose

Authorizes the EPA Administrator to temporarily waive Clean Air Act and Solid Waste Disposal Act requirements for critical energy resource facilities during national security or energy security emergencies.

Policy Domains

Energy Environment National Security

Section 1 - Clean Air Act Waivers

Identified Gains
Contextual inference, no direct clause citation
  • Oil & gas refineries
  • Natural gas processing plants
  • Critical energy infrastructure operators
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Fenceline communities
  • Environmental regulators
  • Environmental advocacy organizations
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Section 3025 - Solid Waste Disposal Act Waivers

Identified Gains
Contextual inference, no direct clause citation
  • Oil & gas refineries
  • Natural gas processing plants
  • Critical energy infrastructure operators
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Fenceline communities
  • Environmental regulators
  • Environmental advocacy organizations
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
Mar 23, 2023

Additional sponsors: Mr. Duncan, Mr. Latta, Mr. Weber of Texas, …

Mar 23, 2023

Reported from the Committee on Energy and Commerce; committed to …

Feb 21, 2023

Mr. Pence introduced the following bill; which was referred to …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
5 mentions across 5 clauses
-3 negative ?2 uncertain

EPA enforcement division, EPA hazardous waste enforcement, EPA waiver review and oversight staff

Oil & Gas
4 mentions across 2 clauses
+4 positive

Critical energy resource facilities (oil refineries, natural gas processing plants), Critical energy resource facilities handling hazardous waste

Oil Refining
3 mentions across 3 clauses
+3 positive

Critical energy resource processing and refining facilities

Chemicals
3 mentions across 3 clauses
+3 positive

Chemical processors handling critical energy resources

Environment
3 mentions across 3 clauses
-3 negative

Environmental and public health advocates near waived facilities

General Public
2 mentions across 2 clauses
-2 negative

Communities near critical energy facilities

Civic Organizations
2 mentions across 2 clauses
-2 negative

Environmental advocacy organizations

2/2
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Energy Environment National Security
Actor Mappings
"the_secretary"
→ Secretary of Energy (consultative role)
"the_administrator"
→ Administrator of the Environmental Protection Agency
Domains
Energy Environment National Security
Actor Mappings
"the_secretary"
→ Secretary of Energy (consultative role)
"the_administrator"
→ Administrator of the Environmental Protection Agency

Key Definitions

Terms defined in this bill

3 terms
"covered requirement" §3025(f)(1)

Any standard established under section 3002, 3003, or 3004; the permit requirement under section 3005; or any other requirement of this Act, as the Administrator determines appropriate.

"critical energy resource" §3025(f)(2)

Any energy resource, as determined by the Secretary of Energy, that is essential to the energy sector and energy systems of the United States, and the supply chain of which is vulnerable to disruption.

"critical energy resource facility" §3025(f)(3)

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