IB Union Calendar No. 10 118th CONGRESS 1st Session H. R. 1131 [Report No. 118–17] IN THE HOUSE OF REPRESENTATIVES February 21, 2023 Mr. Joyce of Pennsylvania (for himself and Mr. Allen ) introduced the following bill; which was referred to the Committee on Energy and Commerce March 23, 2023 Reported from the Committee on Energy and Commerce ; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To require the Administrator of the Environmental Protection Agency to authorize the use of flexible air permitting with respect to certain critical energy resource facilities, and for other purposes.

1. Flexible air permits for critical energy resource facilities (a) In general The Administrator of the Environmental Protection Agency shall, as necessary, revise regulations under parts 70 and 71 of title 40, Code of Federal Regulations, to— (1) authorize the owner or operator of a critical energy resource facility to utilize flexible air permitting (as described in the final rule titled Operating Permit Programs; Flexible Air Permitting Rule published by the Environmental Protection Agency in the Federal Register on October 6, 2009 (74 Fed. Reg. 51418)) with respect to such critical energy resource facility; and (2) facilitate flexible, market-responsive operations (as described in the final rule identified in paragraph (1)) with respect to critical energy resource facilities. (b) Definitions In this section: (1) Critical energy resource The term critical energy resource means, as determined by the Secretary of Energy, any energy resource— (A) that is essential to the energy sector and energy systems of the United States; and (B) the supply chain of which is vulnerable to disruption. (2) Critical energy resource facility The term critical energy resource facility means a facility that processes or refines a critical energy resource.

March 23, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed