CLEANER Act of 2025
- Sponsor
- Rep. Castor, Kathy [D-FL-14]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Nov 18, 2025
Bottom line
The CLEANER Act of 2025 seeks to eliminate a long-standing exemption for oil, gas, and geothermal wastes, requiring the EPA to regulate them more stringently, potentially as hazardous waste, to enhance environmental and public health protections.
What it actually does
This bill mandates the Environmental Protection Agency (EPA) to re-evaluate and potentially reclassify drilling fluids, produced waters, and other wastes from crude oil, natural gas, and geothermal energy exploration and production. Within one year of enactment, the EPA must determine if these wastes meet hazardous waste criteria and, if so, regulate them under Subtitle C of the Solid Waste Disposal Act (SWDA). For wastes not deemed hazardous, the EPA must revise existing Subtitle D criteria to include stricter requirements for disposal facilities, such as groundwater monitoring, location standards, corrective action, and financial assurance.
Proponents argue
Proponents argue that the current exemption for these wastes, known as the 'Bevill Exclusion,' is an outdated loophole that allows potentially toxic materials to be disposed of without adequate safeguards, posing significant risks to groundwater, surface water, and public health. They contend that stricter federal oversight is necessary to ensure responsible waste management and prevent environmental contamination, aligning these industries with the regulatory standards applied to other industrial waste streams.
Opponents contend
Opponents assert that the wastes from oil, gas, and geothermal operations are already sufficiently regulated by state environmental agencies and that reclassifying them as hazardous would impose immense and unnecessary financial burdens on the energy industry. They argue that such a move would stifle domestic energy production, lead to job losses, increase energy costs for consumers, and undermine energy independence without providing a commensurate environmental benefit.
The bill text is very concise, making it quick to read. However, understanding its full implications requires familiarity with existing environmental regulations and the complex interplay between federal and state waste management policies.
Section 2(a)
Hazardous Waste Determination and Regulation for Oil, Gas, and Geothermal Wastes
This provision requires the EPA Administrator, within one year of the bill's enactment, to assess whether drilling fluids, produced waters, and other wastes from crude oil, natural gas, or geothermal energy exploration and production meet the criteria for hazardous waste. If they do, the EPA must list them as hazardous waste and establish regulations for their management under Subtitle C of the Solid Waste Disposal Act (SWDA). The EPA is authorized to modify these requirements to account for the unique characteristics of these wastes, provided human health and the environment are protected.
Supporters argue
Supporters argue that the current exemption for these wastes is a dangerous loophole that allows harmful substances to contaminate water and soil, threatening public health and ecosystems. They contend that federal hazardous waste standards are essential to ensure these industries manage their waste responsibly, bringing them in line with other sectors that handle similar materials.
Critics contend
Critics assert that existing state regulations are robust and effective in managing these wastes, and that federal hazardous waste classification would impose an unnecessary and economically crippling burden on energy producers. They argue it would lead to higher operational costs, potentially driving some companies out of business or overseas, and ultimately increasing energy prices for consumers.
Tradeoffs
This provision navigates the tension between enhancing environmental protection and public health by applying stricter federal hazardous waste standards, versus the potential for significant economic impacts on the energy industry, including increased costs of production and potential shifts in energy supply dynamics.
Section 2(b)
Enhanced Non-Hazardous Waste Criteria for Oil, Gas, and Geothermal Wastes
This provision directs the EPA Administrator, within one year of the bill's enactment, to revise the criteria for facilities that receive drilling fluids, produced waters, and other wastes from crude oil, natural gas, or geothermal energy operations that are *not* identified or listed as hazardous waste. These revised criteria must be protective of human health and the environment and, at a minimum, require groundwater monitoring, establish acceptable location criteria for new or existing facilities, and provide for corrective action and financial assurance.