HR 2000 — CLEANER Act of 2017

Summary

CLEANER Act of 2017 or the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2017 This bill amends the Resource Conservation and Recovery Act to eliminate the exemption for waste derived from 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 this bill's enactment, the Environmental Protection Agency (EPA) must: determine whether waste associated with oil, gas, or geothermal energy activities meet the criteria promulgated for the identification or listing of hazardous waste; identify or list as hazardous waste any of those wastes if they meet the identification or listing criteria; and promulgate regulations regarding standards applicable to generators, transporters, and owners and operators of facilities for the treatment, storage, or disposal of those wastes. The EPA may modify the regulation of those standards to consider the special characteristics of those wastes so long as the modified regulations protect human health and the environment. Within a year of this bill's enactment, the EPA must promulgate revisions of certain criteria concerning landfills and waste management practices of open dumping for facilities that may receive wastes that are: (1) associated with those activities, and (2) not identified or listed as hazardous waste. Those revisions must: protect human health and the environment, while allowing consideration of the practicable capability of such facilities; and require groundwater 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.

Bill Text

• Introduced Introduced in House Current html April 06, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill requires the regulation of drilling fluids and produced waters from oil, natural gas, and geothermal energy production as hazardous waste and establishes specific criteria for their management.

• 42 U.S.C. 6921(b)(2)

  Notwithstanding the provisions of paragraph (1) of this subsection, drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy shall be subject only to existing State or Federal regulatory programs in lieu of this subchapter until at least 24 months after October 21, 1980, and after promulgation of the regulations in accordance with subparagraphs (B) and (C) of this paragraph. → Not later than 1 year after the date of enactment of the CLEANER Act of 2017, 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.

  This change ensures that drilling fluids and produced waters are regulated as hazardous waste, rather than being exempt from regulation.

• 42 U.S.C. 6949a(c)

  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 2017, 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.

  This addition mandates that new criteria be established for the management of drilling fluids and produced waters to ensure they are handled in a way that protects human health and the environment.

Action History

1. April 07, 2017

   Referred to the Subcommittee on Environment.

2. April 06, 2017

   Introduced in House

3. April 06, 2017

   Introduced in House

4. April 06, 2017

   Referred to the House Committee on Energy and Commerce.

Sponsors

• Matt Cartwright · Primary

Subjects