II 

112TH CONGRESS 

1ST SESSION S. 1292 

To require the Administrator of the Environmental Protection Agency to 

consider the impact on employment levels and economic activity prior 

to issuing a regulation, policy statement, guidance document, 

endangerment finding, or other requirement, implementing any new or 

substantially altered program, or denying any permit, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. TOOMEY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels 

and economic activity prior to issuing a regulation, policy 

statement, guidance document, endangerment finding, or 

other requirement, implementing any new or substantially altered program, or denying any permit, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Employment Protec3 tion Act of 2011’’. 

4 SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EM5 PLOYMENT AND ECONOMIC ACTIVITY. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) DE MINIMIS NEGATIVE IMPACT.—The term 

11 ‘‘de minimis negative impact’’ means— 

12 (A) with respect to employment levels, a 

13 loss of more than 100 jobs, subject to the con14 dition that any offsetting job gains that result 

15 from the hypothetical creation of new jobs 

16 through new technologies or government em17 ployment may not be used to offset the job loss 

18 calculation; and 

19 (B) with respect to economic activity, a de20 crease in economic activity of more than 

21 $1,000,000 during any calendar year, subject to 

22 the condition that any offsetting economic activ23 ity that results from the hypothetical creation 

24 of new economic activity through new tech25 nologies or government employment may not be 

26 used in the economic activity calculation. 


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1 (b) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY2 MENT AND ECONOMIC ACTIVITY.— 

3 (1) ANALYSIS.—Prior to promulgating any reg4 ulation or other requirement, issuing any policy 

5 statement, guidance document, or endangerment 

6 finding, implementing any new or substantially al7 tered program, or denying any permit, the Adminis8 trator shall analyze the impact on employment levels 

9 and economic activity, disaggregated by State, of the 

10 regulation, requirement, policy statement, guidance 

11 document, endangerment finding, program, or per12 mit denial. 

13 (2) ECONOMIC MODELS.— 

14 (A) IN GENERAL.—In carrying out para15 graph (1), the Administrator shall use the best 

16 available economic models. 

17 (B) ANNUAL GAO REPORT.—Not later 

18 than December 31, 2011, and annually there19 after, the Comptroller General of the United 

20 States shall submit to the Committee on Envi21 ronment and Public Works of the Senate and 

22 the Committee on Transportation and Infra23 structure of the House of Representatives a re24 port on the economic models used by the Ad25 ministrator to carry out this subsection. 


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1 (3) AVAILABILITY OF INFORMATION.—With re2 spect to any regulation, requirement, policy state3 ment, guidance document, endangerment finding, 

4 program, or permit denial, the Administrator shall— 

5 (A) post the analysis under paragraph (1) 

6 as a link on the main page of the public Inter7 net website of the Environmental Protection 

8 Agency; and 

9 (B) request that the Governor of any State 

10 experiencing more than a de minimis negative 

11 impact post the analysis in the Capitol of the 

12 State. 

13 (4) CLEAN WATER ACT AND OTHER PERMITS.— 

14 Each analysis under paragraph (1) shall include a 

15 description of estimated job losses and decreased 

16 economic activity due to the denial of a permit, in17 cluding any permit denied under the Federal Water 

18 Pollution Control Act (33 U.S.C. 1251 et seq.). 

19 (c) PUBLIC HEARINGS.— 

20 (1) IN GENERAL.—If the Administrator con21 cludes under subsection (b)(1) that a regulation, re22 quirement, policy statement, guidance document, 

23 endangerment finding, program, or permit denial 

24 will have more than a de minimis negative impact on 

25 employment levels or economic activity in a State, 


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1 the Administrator shall hold a public hearing in each 

2 such State not less than— 

3 (A) 30 days before the effective date of the 

4 regulation, requirement, policy statement, guid5 ance document, endangerment finding, or pro6 gram; or 

7 (B) 48 hours before the denial of a permit. 

8 (2) TIME, LOCATION, AND SELECTION.— 

9 (A) IN GENERAL.—A public hearing re10 quired by paragraph (1) shall be held at a con11 venient time and location for impacted resi12 dents. 

13 (B) LOCATION.—In selecting a location for 

14 a public hearing under subparagraph (A), the 

15 Administrator shall give priority to locations in 

16 the State that will experience the greatest num17 ber of job losses. 

18 (3) CITIZEN SUITS.— 

19 (A) IN GENERAL.—If a public hearing is 

20 required by paragraph (1) with respect to any 

21 State, and the Administrator fails to hold such 

22 a public hearing in accordance with paragraphs 

23 (1) and (2), any resident of the State may 

24 bring an action in any United States district 


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1 court in the State to compel compliance by the 

2 Administrator. 

3 (B) RELIEF.—If a resident prevails in an 

4 action against the Administrator under sub5 paragraph (A), the United States district 

6 court— 

7 (i) shall enjoin the regulation, require8 ment, policy statement, guidance docu9 ment, endangerment finding, program, or 

10 permit denial that is the subject of the ac11 tion; and 

12 (ii) may award reasonable attorneys’ 

13 fees and costs. 

14 (C) APPEAL.—On appeal of an injunction 

15 issued under subparagraph (B)(i), a United 

16 States court of appeals— 

17 (i) shall require the submission of 

18 briefs not later than 30 days after the date 

19 of filing of the appeal; 

20 (ii) may not stay the injunction prior 

21 to hearing oral arguments; and 

22 (iii) shall make a final decision not 

23 later than 90 days after the date of filing 

24 of the appeal. 


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1 (d) NOTIFICATION.—If the Administrator concludes 

2 under subsection (b)(1) that a regulation, requirement, 

3 policy statement, guidance document, endangerment find4 ing, program, or permit denial will have more than a de 

5 minimis negative impact on employment levels or economic 

6 activity in any State, the Administrator shall provide a 

7 notice of the de minimis negative impact to the congres8 sional delegation, Governor, and legislature of the affected 

9 State not later than— 

10 (1) 45 days before the effective date of the reg11 ulation, requirement, policy statement, guidance doc12 ument, endangerment finding, requirement, or pro13 gram; or 

14 (2) 7 days before the denial of the permit. 

Æ 


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