I 

112TH CONGRESS 

1ST SESSION H. R. 1705 

To require analyses of the cumulative and incremental impacts of certain 

rules and actions of the Environmental Protection Agency, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

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 concerned 

A BILL 

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental 

Protection Agency, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency in Regu5 latory Analysis of Impacts on the Nation Act of 2011’’. 


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1 SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF 

2 REGULATIONS THAT IMPACT ENERGY AND 

3 MANUFACTURING IN THE UNITED STATES. 

4 (a) ESTABLISHMENT.—The President shall establish 

5 a committee to be known as the Committee for the Cumu6 lative Analysis of Regulations that Impact Energy and 

7 Manufacturing in the United States (in this Act referred 

8 to as the ‘‘Committee’’) to analyze and report on the cu9 mulative and incremental impacts of certain rules and ac10 tions of the Environmental Protection Agency, in accord11 ance with sections 3 and 4. 

12 (b) MEMBERS.—The Committee shall be composed of 

13 the following officials (or their designees): 

14 (1) The Secretary of Agriculture, acting 

15 through the Chief Economist. 

16 (2) The Secretary of Commerce, acting through 

17 the Under Secretary for International Trade. 

18 (3) The Secretary of Labor, acting through the 

19 Commissioner of the Bureau of Labor Statistics. 

20 (4) The Secretary of Energy, acting through 

21 the Administrator of the Energy Information Ad22 ministration. 

23 (5) The Secretary of the Treasury, acting 

24 through the Deputy Assistant Secretary for Environ25 ment and Energy of the Department of the Treas26 ury. 


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1 (6) The Administrator of the Environmental 

2 Protection Agency. 

3 (7) The Chairman of the Council of Economic 

4 Advisors. 

5 (8) The Chairman of the Federal Energy Regu6 latory Commission. 

7 (9) The Administrator of the Office of Informa8 tion and Regulatory Affairs. 

9 (10) The Chief Counsel for Advocacy of the 

10 Small Business Administration. 

11 (11) The Chairman of the United States Inter12 national Trade Commission, acting through the Of13 fice of Economics. 

14 (c) CHAIR.—The Secretary of Commerce shall serve 

15 as Chair of the Committee. In carrying out the functions 

16 of the Chair, the Secretary of Commerce shall consult with 

17 the members serving on the Committee pursuant to para18 graphs (5) and (11) of subsection (b). 

19 (d) CONSULTATION.—In conducting analyses under 

20 section 3 and preparing reports under section 4, the Com21 mittee shall consult with, and consider pertinent reports 

22 issued by, the Electric Reliability Organization certified 

23 under section 215(c) of the Federal Power Act (16 U.S.C. 

24 824o(c)). 


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1 (e) TERMINATION.—The Committee shall terminate 

2 90 days after submitting its final report pursuant to sec3 tion 4(c). 

4 SEC. 3. ANALYSES. 

5 (a) SCOPE.—The Committee shall conduct analyses, 

6 for each of the calendar years 2016, 2020, and 2030, of 

7 the following: 

8 (1) The cumulative impact of covered rules that 

9 are promulgated as final regulations on or before 

10 January 1, 2012, in combination with covered ac11 tions. 

12 (2) The cumulative impact of all covered rules 

13 (including covered rules that have not been promul14 gated as final regulations on or before January 1, 

15 2012), in combination with covered actions. 

16 (3) The incremental impact of each covered rule 

17 not promulgated as a final regulation on or before 

18 January 1, 2012, relative to an analytic baseline 

19 representing the results of the analysis conducted 

20 under paragraph (1). 

21 (b) CONTENTS.—The Committee shall include in 

22 each analysis conducted under this section the following: 

23 (1) Estimates of the impacts of the covered 

24 rules and covered actions with regard to— 


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1 (A) the global economic competitiveness of 

2 the United States, particularly with respect to 

3 energy intensive and trade sensitive industries; 

4 (B) other cumulative costs and cumulative 

5 benefits, including evaluation through a general 

6 equilibrium model approach; 

7 (C) any resulting change in national, 

8 State, and regional electricity prices; 

9 (D) any resulting change in national, 

10 State, and regional fuel prices; 

11 (E) the impact on national, State, and re12 gional employment during the 5-year period be13 ginning on the date of enactment of this Act, 

14 and also in the long term, including secondary 

15 impacts associated with increased energy prices 

16 and facility closures; and 

17 (F) the reliability and adequacy of bulk 

18 power supply in the United States. 

19 (2) Discussion of key uncertainties and assump20 tions associated with each estimate. 

21 (3) A sensitivity analysis. 

22 (4) Discussion, and where feasible an assess23 ment, of the cumulative impact of the covered rules 

24 and covered actions on— 

25 (A) consumers; 


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1 (B) small businesses; 

2 (C) regional economies; 

3 (D) State, local, and tribal governments; 

4 (E) local and industry-specific labor mar5 kets; and 

6 (F) agriculture, 

7 as well as key uncertainties associated with each 

8 topic. 

9 (c) METHODS.—In conducting analyses under this 

10 section, the Committee shall use the best available meth11 ods, consistent with guidance from the Office of Informa12 tion and Regulatory Affairs and the Office of Management 

13 and Budget Circular A–4. 

14 (d) DATA.—In conducting analyses under this sec15 tion, the Committee shall use the best available data, in16 cluding the most recent data representing air and water 

17 quality, facility emissions and discharges, and installed 

18 controls. 

19 (e) COVERED RULES.—In this section, the term ‘‘cov20 ered rule’’ means the following: 

21 (1) The following published rules (including any 

22 successor or substantially similar rule): 

23 (A) ‘‘Federal Implementation Plans To Re24 duce Interstate Transport of Fine Particulate 


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1 Matter and Ozone’’, published at 75 Fed. Reg. 

2 45210 (August 2, 2010). 

3 (B) ‘‘National Ambient Air Quality Stand4 ards for Ozone’’, published at 75 Fed. Reg. 

5 2938 (January 19, 2010). 

6 (C) ‘‘National Emission Standards for 

7 Hazardous Air Pollutants for Major Sources: 

8 Industrial, Commercial, and Institutional Boil9 ers and Process Heaters’’, published at 76 Fed. 

10 Reg. 15608 (March 21, 2011). 

11 (D) ‘‘National Emission Standards for 

12 Hazardous Air Pollutants for Area Sources: In13 dustrial, Commercial, and Institutional Boil14 ers’’, published at 76 Fed. Reg. 15554 (March 

15 21, 2011). 

16 (E) ‘‘National Emission Standards for 

17 Hazardous Air Pollutants from Coal- and Oil18 fired Electric Utility Steam Generating Units 

19 and Standards of Performance for Fossil-Fuel20 Fired Electric Utility, Industrial-Commercial21 Institutional, and Small Industrial-Commercial22 Institutional Steam Generating Units’’, signed 

23 by Administrator Lisa P. Jackson on March 16, 

24 2011. 


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1 (F) ‘‘Hazardous and Solid Waste Manage2 ment System; Identification and Listing of Spe3 cial Wastes; Disposal of Coal Combustion Re4 siduals From Electric Utilities’’, published at 

5 75 Fed. Reg. 35127 (June 21, 2010). 

6 (G) ‘‘Effluent Limitations Guidelines and 

7 Standards for the Construction and Develop8 ment Point Source Category’’, published at 74 

9 Fed. Reg. 62995 (December 1, 2009). 

10 (H) ‘‘National Pollutant Discharge Elimi11 nation System—Proposed Regulations to Es12 tablish Requirements for Cooling Water Intake 

13 Structures at Existing Facilities and Amend 

14 Requirements at Phase I Facilities’’, signed by 

15 Administrator Lisa P. Jackson on March 28, 

16 2011. 

17 (I) ‘‘Primary National Ambient Air Qual18 ity Standard for Sulfur Dioxide’’, published at 

19 75 Fed. Reg. 35520 (June 22, 2010). 

20 (J) ‘‘Primary National Ambient Air Qual21 ity Standards for Nitrogen Dioxide’’, published 

22 at 75 Fed. Reg. 6474 (February 9, 2010). 

23 (2) The following additional rules or guidelines 

24 promulgated on or after January 1, 2009: 


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1 (A) Any rule or guideline promulgated 

2 under sections 111(b) or 111(d) of the Clean 

3 Air Act (42 U.S.C. 7411(b), 7411(d)) to ad4 dress climate change. 

5 (B) Any rule or guideline promulgated by 

6 the Administrator of the Environmental Protec7 tion Agency, a State, a local government, or a 

8 permitting agency under or as the result of sec9 tion 169A or 169B of the Clean Air Act (42 

10 U.S.C. 7491, 7492). 

11 (C) Any rule establishing or modifying a 

12 national ambient air quality standard under 

13 section 109 of the Clean Air Act (42 U.S.C. 

14 7409). 

15 (f) COVERED ACTIONS.—In this section, the term 

16 ‘‘covered action’’ means any action on or after January 

17 1, 2009, by the Administrator of the Environmental Pro18 tection Agency, a State, a local government, or a permit19 ting agency as a result of the application of part C of title 

20 I (relating to prevention of significant deterioration of air 

21 quality) or title V (relating to permitting) of the Clean 

22 Air Act (42 U.S.C. 7401 et seq.), if such application oc23 curs with respect to an air pollutant that is identified as 

24 a greenhouse gas in ‘‘Endangerment and Cause or Con25 tribute Findings for Greenhouse Gases Under Section 


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1 202(a) of the Clean Air Act’’, published at 74 Fed. Reg. 

2 66496 (December 15, 2009). 

3 SEC. 4. REPORTS; PUBLIC COMMENT. 

4 (a) PRELIMINARY REPORT.—Not later than January 

5 31, 2012, the Committee shall make public and submit 

6 to the Committee on Energy and Commerce of the House 

7 of Representatives and the Committee on Environment 

8 and Public Works of the Senate a preliminary report con9 taining the results of the analyses conducted under section 

10 3. 

11 (b) PUBLIC COMMENT PERIOD.—The Committee 

12 shall accept public comments regarding the preliminary re13 port submitted under subsection (a) for a period of 90 

14 days after such submission. 

15 (c) FINAL REPORT.—Not later than August 1, 2012, 

16 the Committee shall submit to Congress a final report con17 taining the analyses conducted under section 3, including 

18 any revisions to such analyses made as a result of public 

19 comments, and a response to such comments. 

20 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to carry out 

22 this Act a total of $2,000,000 for fiscal years 2012 and 

23 2013. 

Æ 


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