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H.R.1705 - Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011
To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.
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Mr. SULLIVAN (for himself, Mr. MATHESON, Mr. UPTON, Mr. WHITFIELD, Mr. SHIMKUS, Mr. WALDEN, Mr. LATTA, Mr. HARPER, Mrs. MCMORRIS RODGERS, Mr. MCKINLEY, Mr. TERRY, Mrs. CAPITO, Mr. GENE GREEN of Texas, Mr. CRITZ, Mr. POMPEO, Mr. ROSS of Arkansas, and Mr. COSTA) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES.
(a) Establishment- The President shall establish a committee to be known as the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States (in this Act referred to as the ‘Committee’) to analyze and report on the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, in accordance with sections 3 and 4.CommentsClose CommentsPermalink
(c) Chair- The Secretary of Commerce shall serve as Chair of the Committee. In carrying out the functions of the Chair, the Secretary of Commerce shall consult with the members serving on the Committee pursuant to paragraphs (5) and (11) of subsection (b).CommentsClose CommentsPermalink
(d) Consultation- In conducting analyses under section 3 and preparing reports under section 4, the Committee shall consult with, and consider pertinent reports issued by, the Electric Reliability Organization certified under section 215(c) of the Federal Power Act (
SEC. 3. ANALYSES.
(2) The cumulative impact of all covered rules (including covered rules that have not been promulgated as final regulations on or before January 1, 2012), in combination with covered actions.CommentsClose CommentsPermalink
(3) The incremental impact of each covered rule not promulgated as a final regulation on or before January 1, 2012, relative to an analytic baseline representing the results of the analysis conducted under paragraph (1).CommentsClose CommentsPermalink
(E) the impact on national, State, and regional employment during the 5-year period beginning on the date of enactment of this Act, and also in the long term, including secondary impacts associated with increased energy prices and facility closures; andCommentsClose CommentsPermalink
(c) Methods- In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A-4.CommentsClose CommentsPermalink
(d) Data- In conducting analyses under this section, the Committee shall use the best available data, including the most recent data representing air and water quality, facility emissions and discharges, and installed controls.CommentsClose CommentsPermalink
(C) ‘National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters’, published at 76 Fed. Reg. 15608 (March 21, 2011).CommentsClose CommentsPermalink
(D) ‘National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers’, published at 76 Fed. Reg. 15554 (March 21, 2011).CommentsClose CommentsPermalink
(E) ‘National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units’, signed by Administrator Lisa P. Jackson on March 16, 2011.CommentsClose CommentsPermalink
(F) ‘Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities’, published at 75 Fed. Reg. 35127 (June 21, 2010).CommentsClose CommentsPermalink
(H) ‘National Pollutant Discharge Elimination System--Proposed Regulations to Establish Requirements for Cooling Water Intake Structures at Existing Facilities and Amend Requirements at Phase I Facilities’, signed by Administrator Lisa P. Jackson on March 28, 2011.CommentsClose CommentsPermalink
(B) Any rule or guideline promulgated by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency under or as the result of section 169A or 169B of the Clean Air Act (
(f) Covered Actions- In this section, the term ‘covered action’ means any action on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality) or title V (relating to permitting) of the Clean Air Act (
SEC. 4. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report- Not later than January 31, 2012, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 3.CommentsClose CommentsPermalink
(b) Public Comment Period- The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 90 days after such submission.CommentsClose CommentsPermalink
(c) Final Report- Not later than August 1, 2012, the Committee shall submit to Congress a final report containing the analyses conducted under section 3, including any revisions to such analyses made as a result of public comments, and a response to such comments.CommentsClose CommentsPermalink