H.R. 1131House118th Congress (2023-2025)In Committee

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.

Sponsored by John JoyceRep. John Joyce (R-PA)
Introduced February 21, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:53 AM UTC

The bill directs the EPA Administrator to update permitting rules so that owners or operators of certain essential energy facilities can use flexible, market‑responsive air permits. It applies to facilities that process or refine energy resources deemed critical by the Energy Secretary, aiming to keep the U.S. energy system reliable.

Key Provisions

  • EPA must revise regulations under 40 CFR parts 70 and 71 to allow flexible air permitting for critical energy resource facilities.
  • "Critical energy resource" is defined as an energy resource essential to the U.S. energy sector whose supply chain is vulnerable, as determined by the Secretary of Energy.
  • A "critical energy resource facility" is defined as any facility that processes or refines a critical energy resource.

Legislative Activity

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8 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 10.

March 23, 2023

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HouseIntro Referral

Introduced in House

February 21, 2023

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 21, 2023

HouseCommittee

Referred to the Subcommittee on Environment, Manufacturing, and Critical Minerals.

February 21, 2023

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

February 28, 2023

HouseCommittee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 13 - 6 .

February 28, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 9, 2023

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 26 - 20.

March 9, 2023

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 118-17.

March 23, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 10.

March 23, 2023

Bill Text

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Reported in HouseIssued March 23, 2023

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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