Federal

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.

Source: Congress.gov · 613 words in original text

What This Bill Does

This bill requires the head of the Environmental Protection Agency to update air pollution regulations to allow owners and operators of certain energy facilities to use flexible air permitting. Flexible air permitting allows facilities to adjust their operations in response to market conditions while still following air quality rules.

Who It Affects

Owners and operators of critical energy resource facilities (facilities that process or refine energy resources deemed critical by the Secretary of Energy).

Key Provisions

• The EPA Administrator must revise federal air quality regulations under parts 70 and 71 of title 40, Code of Federal Regulations to authorize flexible air permitting for critical energy resource facilities (Sec. 1(a)(1)) • The EPA Administrator must revise regulations to enable flexible, market-responsive operations for critical energy resource facilities (Sec. 1(a)(2)) • A critical energy resource is defined as any energy resource that is essential to United States energy systems and whose supply chain is vulnerable to disruption, as determined by the Secretary of Energy (Sec. 1(b)(1))

What Changes

If this bill becomes law, the EPA would need to update its air permitting rules to let certain energy facilities change how they operate more easily based on market needs, while still meeting air quality standards.

Important Definitions

Critical energy resource: An energy resource that is essential to United States energy systems and has a supply chain vulnerable to disruption. Critical energy resource facility: A facility that processes or refines a critical energy resource.

IB Union Calendar No. 10 118TH CONGRESS 1ST SESSION H. R. 1131 [Report No. 118–17] 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. 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 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1131 RH A BILL To require the Administrator of the Environmental Protec- tion Agency to authorize the use of flexible air permitting with respect to certain critical energy resource facilities, and for other purposes. VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1131 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY 3 RESOURCE FACILITIES. 4 (a) IN GENERAL.—The Administrator of the Envi- 5 ronmental Protection Agency shall, as necessary, revise 6 regulations under parts 70 and 71 of title 40, Code of 7 Federal Regulations, to— 8 (1) authorize the owner or operator of a critical 9 energy resource facility to utilize flexible air permit- 10 ting (as described in the final rule titled ‘‘Operating 11 Permit Programs; Flexible Air Permitting Rule’’ 12 published by the Environmental Protection Agency 13 in the Federal Register on October 6, 2009 (74 Fed. 14 Reg. 51418)) with respect to such critical energy re- 15 source facility; and 16 (2) facilitate flexible, market-responsive oper- 17 ations (as described in the final rule identified in 18 paragraph (1)) with respect to critical energy re- 19 source facilities. 20 (b) DEFINITIONS.—In this section: 21 (1) CRITICAL ENERGY RESOURCE.—The term 22 ‘‘critical energy resource’’ means, as determined by 23 the Secretary of Energy, any energy resource— 24 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1131 RH (A) that is essential to the energy sector 1 and energy systems of the United States; and 2 (B) the supply chain of which is vulnerable 3 to disruption. 4 (2) CRITICAL ENERGY RESOURCE FACILITY.— 5 The term ‘‘critical energy resource facility’’ means a 6 facility that processes or refines a critical energy re- 7 source. 8 VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 10 118TH CONGRESS 1ST SESSION H. R. 1131 [Report No. 118–17] A BILL To require the Administrator of the Environmental Protection Agency to authorize the use of flexible air permitting with respect to certain critical en- ergy resource facilities, and for other purposes. MARCH 23, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 03:13 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1131.RH H1131 kjohnson on DSK79L0C42PROD with BILLS

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