H.R. 6080 — Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2025

This section revises RCRA section 3001(b)(2) (42 U.S.C. 6921(b)(2)) to end the current exemption of drilling fluids, produced waters, and other wastes associated with crude oil, natural gas, or geothermal exploration, development, or production from subtitle C hazardous waste regulation (previously subject only to existing state or federal programs). Not later than one year after enactment of the CLEANER Act of 2025, it requires the EPA Administrator to (1) determine whether such wastes meet the hazardous waste identification or listing criteria set forth in RCRA section 3001; (2) identify or list as hazardous waste any that do; and (3) promulgate regulations under RCRA sections 3002, 3003, and 3004 for listed wastes, with authority to modify requirements to account for the wastes' special characteristics if protective of human health and the environment. (As background, RCRA subtitle C imposes a cradle-to-grave regulatory system—including generator standards, transporter requirements, and treatment/storage/disposal permitting—for wastes listed or exhibiting hazardous characteristics such as toxicity.) It further amends RCRA section 4010(c) (42 U.S.C. 6949a(c)) by adding paragraph (7) to require the Administrator, not later than one year after enactment, to revise subtitle D solid waste criteria under RCRA sections 4004(a) and 1008(a)(3) for facilities receiving such wastes not listed as hazardous, including groundwater monitoring to detect contamination, criteria for facility location, and corrective action and financial assurance as appropriate (taking into account facilities' practicable capabilities). (Thus, all such wastes and their management are newly subject to federal oversight, with subtitle C applying to those deemed hazardous and enhanced subtitle D standards to the rest.)