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Referred in Senate	3,399	5 Show Changes Hide Changes	1%

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HR 2401 EHRFSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2401CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011’.CommentsClose CommentsPermalink

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





(b) Members- The Committee shall be composed of the following officials (or their designees):CommentsClose CommentsPermalink





(1) The Secretary of Agriculture, acting through the Chief Economist.CommentsClose CommentsPermalink





(2) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade.CommentsClose CommentsPermalink





(3) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics.CommentsClose CommentsPermalink





(4) The Secretary of Energy, acting through the Administrator of the Energy Information Administration.CommentsClose CommentsPermalink





(5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury.CommentsClose CommentsPermalink





(6) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(7) The Chairman of the Council of Economic Advisors.CommentsClose CommentsPermalink





(8) The Chairman of the Federal Energy Regulatory Commission.CommentsClose CommentsPermalink





(9) The Administrator of the Office of Information and Regulatory Affairs.CommentsClose CommentsPermalink





(10) The Chief Counsel for Advocacy of the Small Business Administration.CommentsClose CommentsPermalink





(11) The Chairman of the United States International Trade Commission, acting through the Office of Economics.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 (16 U.S.C. 824o(c)).CommentsClose CommentsPermalink





(e) Termination- The Committee shall terminate 60 days after submitting its final report pursuant to section 4(c).CommentsClose CommentsPermalink

SEC. 3. ANALYSES.

(a) Scope- The Committee shall conduct analyses, for each of the calendar years 2016, 2020, and 2030, of the following:CommentsClose CommentsPermalink





(1) The cumulative impact of covered rules that are promulgated as final regulations on or before January 1, 2012, in combination with covered actions.CommentsClose CommentsPermalink





(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





(b) Contents- The Committee shall include in each analysis conducted under this section the following:CommentsClose CommentsPermalink





(1) Estimates of the impacts of the covered rules and covered actions with regard to--CommentsClose CommentsPermalink





(A) the global economic competitiveness of the United States, particularly with respect to energy intensive and trade sensitive industries;CommentsClose CommentsPermalink





(B) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach;CommentsClose CommentsPermalink





(C) any resulting change in national, State, and regional electricity prices;CommentsClose CommentsPermalink





(D) any resulting change in national, State, and regional fuel prices;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





(F) the reliability and adequacy of bulk power supply in the United States.CommentsClose CommentsPermalink





(2) Discussion of key uncertainties and assumptions associated with each estimate.CommentsClose CommentsPermalink





(3) A sensitivity analysis.CommentsClose CommentsPermalink





(4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on--CommentsClose CommentsPermalink





(A) consumers;CommentsClose CommentsPermalink





(B) small businesses;CommentsClose CommentsPermalink





(C) regional economies;CommentsClose CommentsPermalink





(D) State, local, and tribal governments;CommentsClose CommentsPermalink





(E) low-income communities;CommentsClose CommentsPermalink





(F) public health;CommentsClose CommentsPermalink





(G) local and industry-specific labor markets; andCommentsClose CommentsPermalink





(H) agriculture,CommentsClose CommentsPermalink





as well as key uncertainties associated with each topic.CommentsClose 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--CommentsClose CommentsPermalink





(1) shall use the best data that are available to the public or supplied to the Committee by its members, including the most recent such data appropriate for this analysis representing air quality, facility emissions, and installed controls; andCommentsClose CommentsPermalink





(2) is not required to create data or to use data that are not readily accessible.CommentsClose CommentsPermalink





(e) Covered Rules- In this section, the term ‘covered rule’ means the following:CommentsClose CommentsPermalink





(1) The following published rules (including any successor or substantially similar rule):CommentsClose CommentsPermalink





(A) The Clean Air Interstate Rule (as defined in section 5(a)(4)).CommentsClose CommentsPermalink





(B) ‘National Ambient Air Quality Standards for Ozone’, published at 73 Fed. Reg. 16436 (March 27, 2008).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





(G) ‘Primary National Ambient Air Quality Standard for Sulfur Dioxide’, published at 75 Fed. Reg. 35520 (June 22, 2010).CommentsClose CommentsPermalink





(H) ‘Primary National Ambient Air Quality Standards for Nitrogen Dioxide’, published at 75 Fed. Reg. 6474 (February 9, 2010).CommentsClose CommentsPermalink





(I) ‘National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants’, published at 75 Fed. Reg. 54970 (September 9, 2010).CommentsClose CommentsPermalink





(2) The following additional rules or guidelines promulgated on or after January 1, 2009:CommentsClose CommentsPermalink





(A) Any rule or guideline promulgated under section 111(b) or 111(d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d)) to address climate change.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 (42 U.S.C. 7491, 7492).CommentsClose CommentsPermalink





(C) Any rule establishing or modifying a national ambient air quality standard under section 109 of the Clean Air Act (42 U.S.C. 7409).CommentsClose CommentsPermalink





(D) Any rule addressing fuels under title II of the Clean Air Act (42 U.S.C. 7521 et seq.) as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86, or any substantially similar rule, including any rule under section 211(v) of the Clean Air Act (42 U.S.C. 7545(v)).CommentsClose CommentsPermalink





(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 (42 U.S.C. 7401 et seq.), if such application occurs with respect to an air pollutant that is identified as a greenhouse gas in ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act’, published at 74 Fed. Reg. 66496 (December 15, 2009).CommentsClose CommentsPermalink

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 120 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

SEC. 5. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.

(a) Cross-State Air Pollution Rule/Transport Rule-CommentsClose CommentsPermalink





(1) EARLIER RULES- The rule entitled ‘Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals’, published at 76 Fed. Reg. 48208 (August 8, 2011), and any successor or substantially similar rule, shall be of no force or effect, and shall be treated as though such rule had never taken effect.CommentsClose CommentsPermalink





(2) CONTINUED APPLICABILITY OF CLEAN AIR INTERSTATE RULE- In place of any rule described in paragraph (1), the Administrator of the Environmental Protection Agency (in this section referred to as the ‘Administrator’) shall continue to implement the Clean Air Interstate Rule.CommentsClose CommentsPermalink





(3) ADDITIONAL RULEMAKINGS-CommentsClose CommentsPermalink





(A) ISSUANCE OF NEW RULES- The Administrator--CommentsClose CommentsPermalink





(i) shall not issue any proposed or final rule under section 110(a)(2)(D)(i)(I) or section 126 of the Clean Air Act (42 U.S.C. 7410(a)(2)(D)(i)(I), 7426) relating to national ambient air quality standards for ozone or particulate matter (including any modification of the Clean Air Interstate Rule) before the date that is 3 years after the date on which the Committee submits the final report under section 4(c); andCommentsClose CommentsPermalink





(ii) in issuing any rule described in clause (i), shall base the rule on actual monitored (and not modeled) data and shall, notwithstanding section 110(a)(2)(D)(i)(I), allow the trading of emissions allowances among entities covered by the rule irrespective of the States in which such entities are located.CommentsClose CommentsPermalink





(B) IMPLEMENTATION SCHEDULE- In promulgating any final rule described in subparagraph (A)(i), the Administrator shall establish a date for State implementation of the standards established by such final rule that is not earlier than 3 years after the date of publication of such final rule.CommentsClose CommentsPermalink





(4) DEFINITION OF CLEAN AIR INTERSTATE RULE- For purposes of this section, the term ‘Clean Air Interstate Rule’ means the Clean Air Interstate Rule and the rule establishing Federal Implementation Plans for the Clean Air Interstate Rule as promulgated and modified by the Administrator (70 Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 72 Fed. Reg. 55657 (October 1, 2007), 72 Fed. Reg. 59190 (October 19, 2007), 72 Fed. Reg. 62338 (November 2, 2007), 74 Fed. Reg. 56721 (November 3, 2009)).CommentsClose CommentsPermalink





(b) Steam Generating Unit Rules-CommentsClose CommentsPermalink





(1) EARLIER RULES- The proposed rule entitled ‘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’ published at 76 Fed. Reg. 24976 (May 3, 2011), and any final rule that is based on such proposed rule and is issued prior to the date of the enactment of this Act, shall be of no force and effect, and shall be treated as though such proposed or final rule had never been issued. In conducting analyses under section 3(a), the Committee shall analyze the rule described in section 3(e)(1)(E) (including any successor or substantially similar rule) as if the preceding sentence did not apply to such rule.CommentsClose CommentsPermalink





(2) PROMULGATION OF FINAL RULES- In place of the rules described in paragraph (1), the Administrator shall--CommentsClose CommentsPermalink





(A) issue regulations establishing national emission standards for coal-and oil-fired electric utility steam generating units under section 112 of the Clean Air Act (42 U.S.C. 7412) with respect to each hazardous air pollutant for which the Administrator finds such regulations are appropriate and necessary pursuant to subsection (n)(1)(A) of such section;CommentsClose CommentsPermalink





(B) issue regulations establishing standards of performance for fossil-fuel-fired electric utility, industrial-commercial-institutional, and small industrial-commercial-institutional steam generating units under section 111 of the Clean Air Act (42 U.S.C. 111); andCommentsClose CommentsPermalink





(C) issue the final regulations required by subparagraphs (A) and (B)--CommentsClose CommentsPermalink





(i) after issuing proposed regulations under such subparagraphs;CommentsClose CommentsPermalink





(ii) after consideration of the final report submitted under section 4(c); andCommentsClose CommentsPermalink





(iii) not earlier than the date that is 12 months after the date on which the Committee submits such report to the Congress, or such later date as may be determined by the Administrator.CommentsClose CommentsPermalink





(3) COMPLIANCE PROVISIONS-CommentsClose CommentsPermalink





(A) ESTABLISHMENT OF COMPLIANCE DATES- In promulgating the regulations under paragraph (2), the Administrator--CommentsClose CommentsPermalink





(i) shall establish a date for compliance with the standards and requirements under such regulations that is not earlier than 5 years after the effective date of the regulations; andCommentsClose CommentsPermalink





(ii) in establishing a date for such compliance, shall take into consideration--CommentsClose CommentsPermalink





(I) the costs of achieving emissions reductions;CommentsClose CommentsPermalink





(II) any non-air quality health and environmental impact and energy requirements of the standards and requirements;CommentsClose CommentsPermalink





(III) the feasibility of implementing the standards and requirements, including the time needed to--CommentsClose CommentsPermalink

(aa) obtain necessary permit approvals; andCommentsClose CommentsPermalink

(bb) procure, install, and test control equipment;CommentsClose CommentsPermalink

(IV) the availability of equipment, suppliers, and labor, given the requirements of the regulations and other proposed or finalized regulations; andCommentsClose CommentsPermalink





(V) potential net employment impacts.CommentsClose CommentsPermalink





(B) NEW SOURCES- With respect to the regulations promulgated pursuant to paragraph (2)--CommentsClose CommentsPermalink





(i) the date on which the Administrator proposes a regulation pursuant to paragraph (2)(A) establishing an emission standard under section 112 of the Clean Air Act (42 U.S.C. 7412) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4));CommentsClose CommentsPermalink





(ii) the date on which the Administrator proposes a regulation pursuant to paragraph (2)(B) establishing a standard of performance under section 111 of the Clean Air Act (42 U.S.C. 7411) shall be treated as the date on which the Administrator proposes such a regulation for purposes of applying the definition of a new source under section 111(a)(2) of such Act (42 U.S.C. 7411(a)(2));CommentsClose CommentsPermalink





(iii) for purposes of any emission standard or limitation applicable to electric utility steam generating units, the term ‘new source’ means a stationary source for which a preconstruction permit or other preconstruction approval required under the Clean Air Act (42 U.S.C. 7401 et seq.) has been issued after the effective date of such emissions standard or limitation; andCommentsClose CommentsPermalink





(iv) for purposes of clause (iii), the date of issuance of a preconstruction permit or other preconstruction approval is deemed to be the date on which such permit or approval is issued to the applicant irrespective of any administrative or judicial review occurring after such date.CommentsClose CommentsPermalink





(C) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).CommentsClose CommentsPermalink





(4) OTHER PROVISIONS-CommentsClose CommentsPermalink





(A) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN PRACTICE- The regulations promulgated pursuant to paragraph (2)(A) of this section shall apply section 112(d)(3) of the Clean Air Act (42 U.S.C. 7412(d)(3)) in accordance with the following:CommentsClose CommentsPermalink





(i) NEW SOURCES- With respect to new sources:CommentsClose CommentsPermalink





(I) The Administrator shall identify the best controlled similar source for each source category or subcategory.CommentsClose CommentsPermalink





(II) The best controlled similar source for a category or subcategory shall be the single source that is determined by the Administrator to be the best controlled, in the aggregate, for all of the hazardous air pollutants for which the Administrator intends to issue standards for such source category or subcategory, under actual operating conditions, taking into account the variability in actual source performance, source design, fuels, controls, ability to measure pollutant emissions, and operating conditions.CommentsClose CommentsPermalink





(ii) EXISTING SOURCES- With respect to existing sources:CommentsClose CommentsPermalink





(I) The Administrator shall identify one group of sources that constitutes the best performing 12 percent of existing sources for each source category or subcategory.CommentsClose CommentsPermalink





(II) The group constituting the best performing 12 percent of existing sources for a category or subcategory shall be the single group that is determined by the Administrator to be the best performing, in the aggregate, for all of the hazardous air pollutants for which the Administrator intends to issue standards for such source category or subcategory, under actual operating conditions, taking into account the variability in actual source performance, source design, fuels, controls, ability to measure pollutant emissions, and operating conditions.CommentsClose CommentsPermalink





(B) REGULATORY ALTERNATIVES- For the regulations promulgated pursuant to paragraph (2) of this section, from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.), including work practice standards under section 112(h) of such Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).CommentsClose CommentsPermalink

SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN ESTABLISHING NATIONAL AMBIENT AIR QUALITY STANDARDS.

In establishing any national primary or secondary ambient air quality standard under section 109 of the Clean Air Act (42 U.S.C. 7409), the Administrator of the Environmental Protection Agency shall take into consideration feasibility and cost.CommentsClose CommentsPermalink

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization- There are authorized to be appropriated to carry out this Act--CommentsClose CommentsPermalink





(1) for fiscal year 2012, $3,000,000 to the Department of Commerce, of which not more than $2,000,000 shall be for carrying out section 3; andCommentsClose CommentsPermalink





(2) to the Environmental Protection Agency--CommentsClose CommentsPermalink





(A) for fiscal year 2012, $1,000,000; andCommentsClose CommentsPermalink





(B) for fiscal year 2013, $500,000.CommentsClose CommentsPermalink





(b) Offset- Effective October 1, 2011, section 797(a) of the Energy Policy Act of 2005, as amended by section 2(e) of the Diesel Reduction Act of 2010 (Public Law 111-364), is amended--CommentsClose CommentsPermalink





(1) by striking ‘2012’ and inserting ‘2014’;CommentsClose CommentsPermalink





(2) by inserting ‘$45,500,000 for fiscal year 2012, $49,500,000 for fiscal year 2013, and’ after ‘to carry out this subtitle’.CommentsClose CommentsPermalink

Passed the House of Representatives September 23, 2011.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

112th CONGRESS

1st Session

H. R. 2401

AN ACT

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes KAREN L. HAAS, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink