[House Report 118-16]
[From the U.S. Government Publishing Office]


118th Congress   }                                          {   Report
                        HOUSE OF REPRESENTATIVES
  1st Session    }                                          {   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

                                _______
                                

 March 23, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1140]

    The Committee on Energy and Commerce, to whom was referred 
the bill (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, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     4
Committee Votes..................................................     4
Oversight Findings and Recommendations...........................     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Estimate.............................     8
Federal Mandates Statement.......................................     8
Statement of General Performance Goals and Objectives............     8
Duplication of Federal Programs..................................     8
Related Committee and Subcommittee Hearings......................     8
Committee Cost Estimate..........................................     9
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10
Minority Views...................................................    11

                          PURPOSE AND SUMMARY

    H.R. 1140, a bill to require 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, was introduced by Rep. Greg Pence (R-IN) on 
February 21, 2023.
    H.R. 1140 provides the Environmental Protection Agency 
(EPA) Administrator authority to issue temporary waivers for 
any Clean Air Act or Solid Waste Disposal Act requirements the 
Administrator judges will be necessary to allow operation of a 
critical energy resource facility, if the Administrator 
determines the processing or refining of the resource at the 
facility is needed to meet national security or energy security 
needs and is in the public interest.
    H.R. 1140 requires the Administrator shall ensure any 
temporary waiver of a requirement, to the maximum extent 
practicable, does not conflict with any other federal, state, 
or local environmental requirements and minimizes any adverse 
environmental impacts.

                  BACKGROUND AND NEED FOR LEGISLATION

    As recently as 1990, the United States was the world's 
number-one producer of minerals. By 2018, the United States had 
fallen to 12th overall in global non-fuel minerals 
production.\1\ A 2022 DOE assessment of critical energy 
resource supply chain risks notes that China's control of key 
materials in renewable energy is ``across the board,'' with 
China in control of ``80% of rare earths production and 
refining that are key for components in technologies such as 
direct drive generators in wind turbines, and China also 
controls 61% of global lithium refining key for battery storage 
and electric vehicles. China also controls 100% of the 
processing of natural graphite used for battery anodes.''\2\
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    \1\See testimony of Michelle Michot Foss before the Subcommittee on 
Environment and Climate Change hearing ``Building a 100 Percent Clean 
Economy: Opportunities for and Equitable, Low-Carbon Recovery,'' 
September 16, 2020. (https://docs.house.gov/meetings/IF/IF18/20200916/
111008/HHRG-116-IF18-Wstate-MichotFossM-20200916-U1.pdf)
    \2\See Department of Energy ``America's Strategy to Secure the 
Supply Chain for a Robust Clean Energy Transition,'' February 2022, p. 
13).
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    The severity of this overdependence on other countries for 
critical minerals was brought to the public's attention by the 
report released during the Trump Administration, which found 
the United States relies on imports for 31 of the 35 critical 
minerals necessary for the U.S. defense and economy.\3\ For 14 
of the listed critical minerals, the United States relies 
completely on imports from other countries; having no U.S. 
production at all. As indicated in the above DOE assessment, 
recent Biden Administration reviews confirm U.S. vulnerability.
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    \3\See Testimony by the Honorable Mark W. Menezes at the Joint 
Energy, Climate, and Grid Security Subcommittee and Environment, 
Manufacturing, and Critical Materials Subcommittee Legislative Hearing, 
``Unleashing American Energy, Lowering Energy Costs, and Strengthening 
Supply Chains,'' February 7, 2023. (energycommerce.gov)
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    Against this backdrop, Congress has acted\4\ to support 
research and development, incentives, and interagency planning 
relating to critical minerals and materials, to reduce 
dependence on foreign supplies as demand increases for 
minerals- and materials-heavy energy resources. However, the 
risks of reliance on supply chains will remain. And to the 
extent supply disruptions have an impact on the ability to 
produce energy or power, or the materials necessary to produce 
energy or power, the United States should be prepared.
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    \4\See, for example, critical mineral research and development 
provision in the Energy Act of 2020, the development of an interagency 
task force and other incentives in the Infrastructure Investment and 
Job Act, as well as the Inflation Reduction Act tax incentives. 
Legislation.
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    Existing authorities in the Federal Power Act, Clean Air 
Act, Solid Waste Disposal Act, and other statutes provide 
flexibility for government entities to waive certain 
requirements to provide for shortages or demand for energy and 
materials under certain circumstances, including emergencies 
caused by natural disasters or war. The Clean Air Act, for 
example, provides some 22 waiver authorities; none however 
involve application specific to national security or energy 
security matters that are in the public interest. Section 
202(c) of the Federal Power Act, by contrast, provides 
authorities specifically to order the provision of power and 
related resources necessary for the delivery of power in times 
of extraordinary need: ``During the continuance of any war in 
which the United States is engaged, or whenever the Commission 
determines that an emergency exists by reason of a sudden 
increase in demand for electric energy, or a shortage of 
electric energy, or of facilities for the generation or 
transmission of electric energy, or of fuel or water for 
generating facilities, or other causes, the Commission shall 
have authority . . . to require'' the generation of electric 
energy it judges will meet the emergency and serve the public 
interest.\5\
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    \5\See Sec. 202(c) of the Federal Power Act (16 U.S.C. 791a et 
seq.).
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    Growing concerns about increasing reliance on imports of 
critical energy resources that are vulnerable to disruption or 
dominated by China, along with the energy experience in Europe, 
underscore the value of providing flexibility to relevant 
agencies to address emergent national security and energy 
security issues. As former DOE Deputy Secretary Mark Menezes 
has testified before the Committee:

          ``While plenty of attention is on the supply chains 
        of critical minerals, we mustn't forget that, as a 
        nation, we should continue to ensure the operation of 
        our critical energy facilities producing our critical 
        energy resources during emergencies and threats to our 
        energy security. Congress has recognized the importance 
        and efficiency of executive agency action necessary to 
        ensure the speedy recovery from natural disasters. But 
        more needs to be done to provide sufficient energy and 
        fuel supplies to the American people.''\6\
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    \6\Op cit.

    The Committee finds that H.R. 1140, which is modeled on 
Sec. 202(c) of the Federal Power Act, provides the EPA 
Administrator a new, and important, tool to address shortages 
of critical energy minerals, materials, and resources that 
threaten national security and energy security, and that 
increased supply of which would serve the public interest. The 
Committee finds further that, the relevant provisions of H.R. 
1140 that require the Administrator to avoid or minimize 
conflicts with other environmental laws, to minimize any 
adverse impacts, and provide temporary waivers, is consistent 
with the Congressional intent of the Federal Power Act 
provisions, which were updated and signed into law in 2015. The 
Committee finds that H.R. 1140 would help ensure the United 
States can supply critical energy resources when, in the 
judgment of the Administrator and in consultation with the 
Secretary of Energy, temporary waiver of certain requirements 
will be necessary to meet national security and energy security 
needs and serve the public interest. The Committee finds that 
H.R. 1140 represents the kind of practical reforms necessary to 
secure American critical energy resource supply chains.

                            COMMITTEE ACTION

    On February 7, 2023, the Subcommittees on Energy, Climate, 
and Grid Security and Environment, Manufacturing, and Critical 
Materials held a joint hearing entitled, ``Unleashing American 
Energy, Lowering Energy Costs, and Strengthening Supply 
Chains,'' on 17 pieces of legislation, including H.R. 1140. The 
Subcommittees received testimony from:
           The Honorable Mark Menezes, Former United 
        States Deputy Secretary of Energy, Department of 
        Energy;
           The Honorable Bernard McNamee, Former 
        Commissioner, Federal Energy Regulatory Commission;
           Jeffrey Eshelman, II, President and Chief 
        Executive Officer, Independent Petroleum Association of 
        America;
           Katie Sweeney, Executive Vice President and 
        Chief Operating Officer, National Mining Association;
           Raul Garcia, Legislative Director for 
        Healthy Communities, Earth justice; and
           Tyson Slocum, Director of the Energy 
        Program, Public Citizen.
    On February 28, 2023, the Subcommittee on Environment, 
Manufacturing, and Critical Materials met in open markup 
session and forwarded H.R. 1140, without amendment, to the full 
Committee by a record vote of 13 yeas and 6 nays. On March 9, 
2023 the full Committee on Energy and Commerce met in open 
markup session and ordered H.R. 1140 favorably reported, 
without amendment, to the House by a record vote of 28 yeas and 
21 nays.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1140 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
increase American energy production and restore energy 
leadership by providing for temporary waivers of certain 
environmental regulatory requirements to enable production of 
critical energy resources to meet national security or energy 
security needs.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1140 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII,
    (1) the following hearings were used to develop or consider 
H.R. 1140:
    On January 31, 2023, the Committee on Energy and Commerce 
held an oversight hearing, entitled: ``American Energy 
Expansion: Strengthening Economic, Environmental, and National 
Security''. The Committee received testimony from:
           The Honorable Paul Dabbar, Former U.S. 
        Undersecretary of Energy, Department of Energy;
           Donna Jackson, Director of Membership 
        Development, National Center for Public Policy 
        Research, Project 21;
           Robert McNally, President, Rapidan Energy 
        Group; and
           Ana Unruh Cohen, Ph.D., Former Staff 
        Director, U.S. House Select Committee on the Climate 
        Crisis.
    (2) The following related hearing was held:
    On February 7, 2023, the Subcommittees on Energy, Climate, 
and Grid Security and Environment, Manufacturing, and Critical 
Materials held a joint hearing entitled, ``Unleashing American 
Energy, Lowering Energy Costs, and Strengthening Supply 
Chains,'' on 17 pieces of legislation, including H.R. 1140. The 
Subcommittees received testimony from:
           The Honorable Mark Menezes, Former United 
        States Deputy Secretary of Energy, Department of 
        Energy;
           The Honorable Bernard McNamee, Former 
        Commissioner, Federal Energy Regulatory Commission;
           Jeffrey Eshelman, II, President and Chief 
        Executive Officer, Independent Petroleum Association of 
        America;
           Katie Sweeney, Executive Vice President and 
        Chief Operating Officer, National Mining Association;
           Raul Garcia, Legislative Director for 
        Healthy Communities, Earthjustice; and
           Tyson Slocum, Director of the Energy 
        Program, Public Citizen.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1140 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Waiver for national security or energy security

    Section 1(a) provides that, if the EPA Administrator, in 
consultation with the Secretary of Energy, determines that the 
processing or refining of a critical energy resource is 
necessary to meet U.S. national security or energy security 
needs, then the Administrator may issue a temporary waiver of 
any requirement under the Clean Air Act the Administrator 
determines is necessary to allow for processing or refining at 
a critical energy resource facility to best meet the security 
needs and serve the public interest. The section provides that 
the Administrator must ensure any waiver, to the maximum extent 
practicable, does not conflict with any other federal, state, 
or local environmental requirement and minimizes adverse 
environmental effects. The section provides that waivers expire 
after 90 days, may be reissued with additional conditions, and 
that facilities will not incur environmental liability for 
actions under a waiver.
    Section 1(b) amends the Solid Waste Disposal Act by 
inserting a new section providing the identical authorities, 
procedures, and requirements provided in Section 1(a) to any 
covered requirement under the Solid Waste Disposal Act.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    With respect to the requirement of clause 3(e) of rule XIII 
of the Rules of the House of Representatives, changes in 
existing law made by the bill, as reported, this section was 
not made available to the Committee in time for the filing of 
this report.

                             MINORITY VIEWS

    We oppose H.R. 1140, a sweeping bill drafted so broadly 
that it could exempt all ``critical energy resource'' 
facilities from Clean Air Act (CAA) and Solid Waste Disposal 
Act (SWDA) requirements. The bill would do nothing to 
strengthen our energy security, undermines critical 
environmental laws, and would put our communities and the 
environment at serious risk from mismanagement of hazardous 
wastes.

                               BACKGROUND

    H.R. 1140 amends two of our bedrock environmental laws, the 
CAA and the SWDA, to allow the EPA Administrator, in 
consultation with the Secretary of Energy, to waive application 
of certain requirements for the broadly defined ``critical 
energy resources facilities.''
    The CAA is one of our nation's bedrock environmental laws, 
enacted to protect public health and the environment from air 
pollution. Since its enactment in 1970, the CAA has reduced key 
air pollutants by roughly 77 percent, while the economy has 
almost quadrupled in size.\1\ The CAA is grounded in the 
principle of cooperative federalism, with roles and 
responsibilities for regulators at the Federal and state level, 
and has long been an effective model for improving air quality 
in the United States. The CAA covers a wide range of 
activities, from health-based ambient air quality standards; 
national pollutions standards for sources like motor vehicles 
and power plants; to emission controls for hazardous air 
pollutants.\2\
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    \1\Environmental Protection Agency, Our Nation's Air, Trends 
Through 2021 (https://gispub.epa.gov/air/trendsreport/2022/) (accessed 
Mar. 21, 2023).
    \2\Environmental Protection Agency, Clean Air Act Requirements and 
History (www.epa.gov/clean-air-act-overview/clean-air-act-requirements-
and-history) (accessed Mar. 21, 2023).
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    The SWDA of 1965 was amended by the Resource Conservation 
and Recovery Act (RCRA) which is what is more commonly used to 
describe the law governing the disposal of solid and hazardous 
waste. RCRA set national goals for protecting human health and 
the environment from the potential hazards of waste disposal, 
conserving energy and natural resources, reducing the amount of 
waste generated, and ensuring that wastes are managed in an 
environmentally-sound manner.\3\ Subtitle C of RCRA established 
the ``cradle to grave'' system for controlling hazardous waste 
from the time it is generated until it is ultimately disposed. 
Permits are a critical component of the cradle to grave system 
and follow the principle of cooperative federalism. While EPA 
is tasked with setting minimum federal standards, authorized 
states implement and enforce those standards and issue relevant 
permits.
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    \3\Environmental Protection Agency, EPA History: Resource 
Conservation and Recovery Act (www.epa.gov/history/epa-history-
resource-conservation-and-recovery-act#::text=The%20 
Resource%20Conservation%20and%20Recovery,of%20municipal%20and%20industri
al%20waste) (accessed Mar. 21, 2023).
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                          SUMMARY OF H.R. 1140

    Section 1(a) grants the EPA Administrator the authority to 
issue a temporary waiver of any CAA requirement for a critical 
energy resource facility. If the EPA 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 is necessary to meet the 
national security or energy security needs of the United 
States, then waivers of any CAA requirements may be granted. 
However, the legislation does not provide any parameters or 
metrics for the EPA to use to determine what constitutes an 
increase in demand for or a shortage of a critical energy 
resource. Moreover, the legislation also allows the 
Administrator to issue temporary waivers of any requirement of 
the CAA--from renewable fuel blending requirements under the 
Renewable Fuel Standard, to Risk Management Planning 
requirements to avoid chemical disasters.
    Section 1(a)(3) provides that ``any omission or action 
taken by a party that received a waiver under this section will 
not be considered a violation of any other Federal, State, or 
local environmental law or regulation.'' This loophole is a 
gross infringement on the rights of States to enact and enforce 
their own laws, and is likely unconstitutional. Granting 
amnesty to polluters for any and all violations of every 
environmental law would render these critical protections 
meaningless.
    Section 1(b) grants the EPA Administrator the authority to 
issue a temporary waiver of any RCRA requirement for a critical 
energy resource facility. The bill states that if the EPA 
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 is necessary to meet the national security or energy 
security needs of the United States, then waivers of any RCRA 
requirements may be granted. Similar to concerns with Section 
1(a), this section does not provide any parameters or 
guidelines for what constitutes a national security or energy 
security need.
    The Majority has not been able to demonstrate the need for 
such a sweeping carve-out of RCRA. In fact, energy generators 
do not usually apply for RCRA permits, but rather ship their 
waste to RCRA certified sites to manage the waste. Furthermore, 
RCRA already includes short term timelines for on-site waste 
storage for both small and large quantity hazardous waste 
generators. Small quantity generators are allowed to hold waste 
on-site for up to 180 days (or 270 if the shipping distance is 
greater than 200 miles) and large quantity generators are 
allowed to hold waste on-site for up to 90 days.\4\ These 
flexible short-term options allow many generators to ship waste 
to an appropriate facility before ever needing a RCRA permit. 
In addition, concerns that RCRA permits are delaying the mining 
and processing of critical minerals, are also misplaced. For 
over 40 years, wastes from the extraction, beneficiation, and 
processing of ores and minerals have been exempted from 
Subtitle C of RCRA.\5\
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    \4\Environmental Protection Agency, Categories of Hazardous Waste 
Generators (www.epa.gov/hwgenerators/categories-hazardous-waste-
generators) (accessed Mar. 21, 2023).
    \5\Environmental Protection Agency, Special Wastes (www.epa.gov/hw/
special-wastes) (accessed Mar. 21, 2023).
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    Despite EPA administering the SWDA, Section 3025(f), as 
added by H.R. 1140, defines ``critical energy resource'' as ``. 
. . any energy resource that is essential to the energy sector 
and energy systems of the United States, and the supply chain 
of which is vulnerable to disruption,'' as determined by the 
Secretary of Energy. The bill does not define, provide 
parameters, or metrics for the Secretary to use in making such 
determinations, essentially allowing the Secretary to deem 
almost anything a ``critical energy resource,'' ``essential to 
the energy sector and energy system of the United States,'' and 
``vulnerable to supply chain disruptions.'' The bill fails to 
include any public review, or accountability measures related 
to the Secretary's determinations. And putting the Secretary of 
Energy in charge of determining which environmental 
requirements EPA and states are allowed to require, sets a 
troubling precedent.
    Due to the all-encompassing definition of ``critical energy 
resource,'' essentially any category of industrial facility 
could be considered critical and could be granted waivers from 
meeting applicable CAA requirements, and waivers from required 
permits for treatment, storage, and disposal of hazardous waste 
under RCRA. The full scope of resources and facilities eligible 
for CAA and RCRA exemptions is unclear.
    CAA waivers could be granted for controlling air toxics 
from: hazardous waste combustors, Portland cement 
manufacturers, mercury cell chlor-alkali plants, secondary lead 
smelters, carbon black production, chemical manufacturing, 
primary copper smelting, secondary copper smelting, nonferrous 
metals area sources (zinc, cadmium, and beryllium), glass 
manufacturing, and gold mine ore processing and production, 
among others. Wastes from the following manufacturing and 
industrial processes could benefit from the legislation's RCRA 
waivers: spent solvent wastes, electroplating and other metal 
finishing wastes, dioxin-bearing wastes, chlorinated aliphatic 
hydrocarbons production, wood preserving wastes, petroleum 
refinery wastewater treatment sludges, multisource leachate, 
wood preservation, organic chemicals manufacturing, pesticides 
manufacturing, petroleum refining, veterinary pharmaceuticals 
manufacturing, inorganic pigment manufacturing, inorganic 
chemicals manufacturing, explosives manufacturing, iron and 
steel production, primary aluminum production, secondary lead 
processing, ink formulation, and coking (processing of coal to 
produce coke).\6\ Furthermore, any facility that processes 
these hazardous wastes--like solid waste incinerators--could be 
exempted from required permits for hazardous waste treatment, 
storage, and disposal under RCRA.
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    \6\40 CFR Sec. 261.31; 40 CFR Sec. 261.32.
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    Public engagement is a critical component of the regulatory 
process. H.R. 1140 removes this important step, allowing the 
issuance of a CAA or RCRA waiver ``with or without notice, 
hearing, or other report.'' This action would leave fenceline 
communities with no voice in the process, despite bearing the 
disproportionate risks and harms associated with living near 
the affected facilities. Every Republican Committee Member 
voted against an amendment to address this fundamental flaw by 
requiring notice, public comment, and public hearing before the 
EPA Administrator may grant a waiver. Every Republican 
Committee Member also voted against an amendment requiring the 
EPA Administrator to certify that the bill would not 
disproportionately harm environmental justice communities 
before it could go into effect. Environmental justice 
communities already bear the brunt of pollution from waste 
facilities and air pollution and shouldn't be at the forefront 
of this ill thought-out deregulatory measure.

                               CONCLUSION

    We oppose H.R. 1140. Granting the EPA Administrator the 
ability to waive any requirement they choose under the CAA and 
RCRA in the name of so-called national security or energy 
security events is a bold-faced attempt to weaken two of our 
nation's bedrock environmental laws. Exempting polluting 
industries and hazardous waste management facilities from 
commonsense, appropriate regulations will put our communities 
and the environment at risk.
    For the reasons stated above, we dissent from the views 
contained in the Committee's report.
                                        Frank Pallone, Jr.,
                  Ranking Member, Committee on Energy and Commerce.

                                  [all]