,,ii #aaith ,,congress #b;d ,session ,s4 #chgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbf,mr4 ,husted introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to ensure domestic sources of the critical mineral vanadium necessary for the steel1 infrastructure1 energy1 and defense needs of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,spent ,petroleum ,catalyst ,recycling and ,critical ,minerals and ,metals ,recovery ,exemption ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in accordance with ,executive ,order #adbgb 7#ij ,fed4 ,reg4 #afdcg2 relating to ensuring national security and economic resilience through section #bcb actions on processed critical minerals and derivative products71 it is vital to maintain a supply of critical minerals for the domestic manufacturing and defense industries to protect the ,united ,states from strategic supply-chain threats of foreign economic and military enemies1 such as ,china and ,russia4 ,vanadium1 a critical mineral1 can be obtained domestically from recycling spent petroleum catalyst to produce ferrovanadium--a critical component in high-strength steel used across the ,united ,states steel1 defense1 infrastructure1 and energy sectors--thereby reducing dependence on foreign sources1 such as ,china and ,russia4 7#b7 ,units that recover vanadium and other metals and critical minerals from spent petroleum catalyst legitimately recycle spent petroleum catalyst solely for metals recovery1 not for waste incineration or energy recovery4 ,those units can include thermal treatment units 7such as roasters7 that recycle spent petroleum catalyst into an intermediate product suitable for metals recovery and metallurgical units 7such as furnaces and hydrometallurgical units7 that recover the metals from spent petroleum catalyst or intermediate products4 ,when legitimately recycled in that manner1 spent petroleum catalyst is eligible for exclusions from classification as a solid waste under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 such as the transfer-based exclusion under section #bfa4d7;a77#bd7 of title #dj1 ,code of ,federal ,regulations4 7#c7 ,the recovery of metals1 including vanadium1 from spent petroleum catalyst can be a #c-step process4 ,first1 oil refineries substantially partially reclaim the spent petroleum catalyst through a de-oiling process1 or other process1 to reduce volume and recover hydrocarbons4 ,second1 thermal treatment1 in a unit such as a roaster1 is utilized to recycle spent petroleum catalyst by converting vanadium1 other metals1 or both from sulfides to oxides to produce an intermediate product suitable for metals recovery4 ,third1 a metallurgical unit such as a furnace or hydrometallurgical unit is used to recover the vanadium or other valuable metals using spent petroleum catalyst or the intermediate product4 ,those steps do not need to occur at the same facility4 7#d7 ,the notice of the ,environmental ,protection ,agency entitled ,hazardous ,waste ,management ,system2 ,identification and ,listing of ,hazardous ,waste3 ,petroleum ,refining ,process ,wastes2 ,land ,disposal ,restrictions for ,newly ,identified ,wastes2 and ,,cercla ,hazardous ,substance ,designation and ,reportable ,quantities 7#fj ,fed4 ,reg4 #eggdg 7,november #bj1 #aiie77 stated the following3 7,a7 ,de-oiling crude oil tank sediment--which reduces waste volumes and recovers hydrocarbons--is legitimate recycling exempt from the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 analogous to substantial partial reclamation of spent petroleum catalyst4 7,b7 ,units that recover vanadium and other metals and critical minerals from spent petroleum catalyst are analogous to smelting1 melting1 and refining furnaces1 which are conditionally exempt from the ,boilers and ,industrial ,furnaces 7referred to in this section as ,,bif7 requirements under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 because they recover valuable materials4 7,c7 ,units that recover vanadium and other metals and critical minerals from spent petroleum catalyst process hazardous waste solely for materials recovery as opposed to destruction or energy recovery4 7,d7 ,units that recover vanadium and other metals and critical minerals from spent petroleum catalyst1 which recycle spent petroleum catalyst 7which is a commodity71 should be exempt under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 to promote the recovery of valuable materials4 7,e7 ,units that recover vanadium and other metals and critical minerals from spent petroleum catalyst are already equipped with pollution controls comparable to those required under ,,bif and further regulation may be unnecessary4 7#e7 ,permits under title ,v of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa et seq47 and other air permits and regulations already enforce robust environmental safeguards1 making the application of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 ,,bif requirements to units that recover vanadium and other metals and critical minerals from spent petroleum catalyst duplicative and unnecessary4 7#f7 ,clarifying the regulations pursuant to section #c will encourage environmentally safe domestic recovery of metals and critical minerals1 including vanadium1 from spent petroleum catalyst to ensure access to an affordable1 resilient1 and sustainable supply of processed critical minerals for ,united ,states industry while avoiding unnecessary regulatory burdens1 as the ,environmental ,protection ,agency proposed in the notice described in paragraph 7#d74 #c4 ,regulations 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall promulgate a final rule to revise the regulations under subtitle ,c of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba et seq47 as follows3 7#a7 ,revise subsections 7c7 and 7d7 of section #bff4ajj of title #dj1 ,code of ,federal ,regulations1 to expressly provide that units reclaiming valuable metals1 including critical minerals 7such as vanadium71 from spent hydrotreating catalyst 7,,epa ,hazardous ,waste ,no4 ,k#aga7 and spent hydrorefining catalyst 7,,epa ,hazardous ,waste ,no4 ,k#agb7 from petroleum refining operations are exempt from the ,boilers and ,industrial ,furnaces requirements under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7#b7 ,clarify that the exemption described in paragraph 7#a7 applies to-- 7,a7 thermal treatment units1 including roasters1 that process the spent petroleum catalyst into an intermediate product suitable for metals reclamation2 and 7,b7 metallurgical units1 including furnaces and hydrometallurgical units1 that reclaim metals from spent petroleum catalyst and intermediate products4 7#c7 ,clarify that the transfer-based exclusion under section #bfa4d7;a77#bd7 of title #dj1 ,code of ,federal ,regulations1 can be used when spent petroleum catalyst is sent to a third party for metals reclamation4 7b7 ,implementation 7#a7 ,immediate effectiveness ,notwithstanding any other provision of law1 the final rule promulgated under subsection 7a7 shall take effect on the date on which the final rule is published in the ,federal ,register4 7#b7 ,exemption ,the rulemaking required under subsection 7a7 shall be carried out without regard to the notice and comment requirements under section #eec of title #e1 ,united ,states ,code4