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.