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Amends the Solid Waste Disposal Act to add “critical energy resource facility” to the list of facility types eligible for interim hazardous waste permit treatment and creates statutory definitions for “critical energy resource” and “critical energy resource facility.” The Secretary of Energy is given authority to determine what constitutes a "critical energy resource." This change adjusts who can obtain interim hazardous waste status and clarifies how facilities tied to important energy resources are identified.
Amends Section 3005(e) of the Solid Waste Disposal Act by changing paragraph (1)(A), clause (i): strikes the word "or" at the end of clause (i).
Amends Section 3005(e) paragraph (1)(A), clause (ii): inserts additional text after the existing semicolon (the amendment text indicates insertion after ";" and includes the coordinating conjunction).
Adds a new clause (iii) to paragraph (1)(A) stating that the facility "is a critical energy resource facility," thereby including such facilities in the listed categories for interim hazardous waste permits.
Adds paragraph (4)(A) defining "critical energy resource": as determined by the Secretary of Energy, any energy resource (i) that is essential to the energy sector and energy systems of the United States; and (ii) the supply chain of which is vulnerable to disruption.
Adds paragraph (4)(B) defining "critical energy resource facility": a facility that processes or refines a critical energy resource.
Who is affected and how:
Owners and operators of energy infrastructure: Facilities that handle hazardous wastes (for example, electric generating units, fuel storage, or other energy infrastructure) could qualify as "critical energy resource facilities" and thus be eligible for interim hazardous-waste permit treatment. That may change how long they can operate under interim conditions while final permitting is resolved, potentially reducing operational interruptions.
Federal agencies: The Department of Energy gains a new, explicit role in designating what counts as a critical energy resource; EPA and other environmental regulators will need to coordinate implementation and permitting actions with DOE's determinations.
State and local environmental regulators: States that implement hazardous-waste permitting programs may need to adjust procedures to account for facilities designated under the new statutory definition and align with any DOE determinations.
Local communities and environmental stakeholders: Communities near designated facilities could see changes in interim regulatory status; this may speed facility operations or prolong interim permit conditions while final permits are pending, with implications for oversight and public participation depending on implementation.
Legal and administrative actors: Potential for administrative or legal disputes over DOE designations or implementation if stakeholders disagree about whether specific resources or facilities meet the statutory definitions.
Overall effect: The amendment narrows in scope but can have meaningful operational and regulatory impacts for energy-related hazardous-waste generators and for interagency coordination on permitting. It does not itself alter funding or create new programs; practical effects will depend on DOE's designation criteria and how EPA and state agencies respond.
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Referred to the House Committee on Energy and Commerce.
Introduced April 29, 2025 by Buddy Carter · Last progress April 29, 2025
Referred to the House Committee on Energy and Commerce.
Introduced in House