H.R. 7523

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7523 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7523

To ensure domestic sources of the critical mineral vanadium necessary 
for the steel, infrastructure, energy, and defense needs of the United 
States, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 12, 2026

Mr. Balderson introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To ensure domestic sources of the critical mineral vanadium necessary 
for the steel, infrastructure, energy, and defense needs of the United 
States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Spent Petroleum Catalyst Recycling 
and Critical Minerals and Metals Recovery Exemption Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) In accordance with Executive Order 14272 (90 Fed. Reg. 
16437; relating to ensuring national security and economic 
resilience through section 232 actions on processed critical 
minerals and derivative products), 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 enemies, 
such as China and Russia. Vanadium, a critical mineral, can be 
obtained domestically from recycling spent petroleum catalyst 
to produce ferrovanadium--a critical component in high-strength 
steel used across the United States steel, defense, 
infrastructure, and energy sectors--thereby reducing dependence 
on foreign sources, such as China and Russia.
(2) Units that recover vanadium and other metals and 
critical minerals from spent petroleum catalyst legitimately 
recycle spent petroleum catalyst solely for metals recovery, 
not for waste incineration or energy recovery. Those units can 
include thermal treatment units (such as roasters) that recycle 
spent petroleum catalyst into an intermediate product suitable 
for metals recovery and metallurgical units (such as furnaces 
and hydrometallurgical units) that recover the metals from 
spent petroleum catalyst or intermediate products. When 
legitimately recycled in that manner, spent petroleum catalyst 
is eligible for exclusions from classification as a solid waste 
under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
such as the transfer-based exclusion under section 261.4(a)(24) 
of title 40, Code of Federal Regulations.
(3) The recovery of metals, including vanadium, from spent 
petroleum catalyst can be a 3-step process. First, oil 
refineries partially reclaim the spent petroleum catalyst 
through a de-oiling process, or other process, to reduce volume 
and recover hydrocarbons. Second, thermal treatment, in a unit 
such as a roaster, is utilized to recycle spent petroleum 
catalyst by converting vanadium, other metals, or both from 
sulfides to oxides to produce an intermediate product suitable 
for metals recovery. Third, 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 product. Those steps do not need 
to occur at the same facility.
(4) The notice of the Environmental Protection Agency 
entitled ``Hazardous Waste Management System; Identification 
and Listing of Hazardous Waste: Petroleum Refining Process 
Wastes; Land Disposal Restrictions for Newly Identified Wastes; 
and CERCLA Hazardous Substance Designation and Reportable 
Quantities'' (60 Fed. Reg. 57747 (November 20, 1995)) stated 
the following:
(A) De-oiling crude oil tank sediment--which 
reduces waste volumes and recovers hydrocarbons--is 
legitimate recycling exempt from the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), analogous to 
substantial partial reclamation of spent petroleum 
catalyst.
(B) Units that recover vanadium and other metals 
and critical minerals from spent petroleum catalyst are 
analogous to smelting, melting, and refining furnaces, 
which are conditionally exempt from the Boilers and 
Industrial Furnaces (referred to in this section as 
``BIF'') requirements under the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.) because they recover 
valuable materials.
(C) 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 recovery.
(D) Units that recover vanadium and other metals 
and critical minerals from spent petroleum catalyst, 
which recycle spent petroleum catalyst (which is a 
commodity), should be exempt under the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) to promote the 
recovery of valuable materials.
(E) 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 
unnecessary.
(5) Permits under title V of the Clean Air Act (42 U.S.C. 
7661 et seq.) and other air permits and regulations already 
enforce robust environmental safeguards, making the application 
of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) BIF 
requirements to units that recover vanadium and other metals 
and critical minerals from spent petroleum catalyst duplicative 
and unnecessary.
(6) Clarifying the regulations pursuant to section 3 will 
encourage environmentally safe domestic recovery of metals and 
critical minerals, including vanadium, from spent petroleum 
catalyst to ensure access to an affordable, resilient, and 
sustainable supply of processed critical minerals for United 
States industry while avoiding unnecessary regulatory burdens, 
as the Environmental Protection Agency proposed in the notice 
described in paragraph (4).

SEC. 3. REGULATIONS.

(a) In General.--As soon as practicable after the date of enactment 
of this Act, 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 (42 U.S.C. 6921 et seq.) as follows:
(1) Revise subsections (c) and (d) of section 266.100 of 
title 40, Code of Federal Regulations, to expressly provide 
that units reclaiming valuable metals, including critical 
minerals (such as vanadium), from spent hydrotreating catalyst 
(EPA Hazardous Waste No. K171) and spent hydrorefining catalyst 
(EPA Hazardous Waste No. K172) from petroleum refining 
operations are exempt from the Boilers and Industrial Furnaces 
requirements under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).
(2) Clarify that the exemption described in paragraph (1) 
applies to--
(A) thermal treatment units, including roasters, 
that process the spent petroleum catalyst into an 
intermediate product suitable for metals reclamation; 
and
(B) metallurgical units, including furnaces and 
hydrometallurgical units, that reclaim metals from 
spent petroleum catalyst and intermediate products.
(3) Clarify that the transfer-based exclusion under section 
261.4(a)(24) of title 40, Code of Federal Regulations, can be 
used when spent petroleum catalyst is sent to a third party for 
metals reclamation.
(b) Implementation.--
(1) Immediate effectiveness.--Notwithstanding any other 
provision of law, the final rule promulgated under subsection 
(a) shall take effect on the date on which the final rule is 
published in the Federal Register.
(2) Exemption.--The rulemaking required under subsection 
(a) shall be carried out without regard to the notice and 
comment requirements under section 553 of title 5, United 
States Code.
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