I 

112TH CONGRESS 

2D SESSION H. R. 4471 

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

of the Environmental Protection Agency that impact gasoline, diesel 

fuel, and natural gas prices, jobs, and the economy, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2012 

Mr. WHITFIELD (for himself and Mr. BARROW) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require analyses of the cumulative impacts of certain 

rules and actions of the Environmental Protection Agency that impact gasoline, diesel fuel, and natural gas 

prices, jobs, and the economy, 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 ‘‘Gasoline Regulations 

5 Act of 2012’’. 


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1 SEC. 2. TRANSPORTATION FUELS REGULATORY COM2 MITTEE. 

3 (a) ESTABLISHMENT.—The President shall establish 

4 a committee to be known as the Transportation Fuels 

5 Regulatory Committee (in this Act referred to as the 

6 ‘‘Committee’’) to analyze and report on the cumulative im7 pacts of certain rules and actions of the Environmental 

8 Protection Agency on gasoline, diesel fuel, and natural gas 

9 prices, in accordance with sections 3 and 4. 

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

11 the following officials (or their designees): 

12 (1) The Secretary of Energy, who shall serve as 

13 the Chair of the Committee. 

14 (2) The Secretary of Transportation, acting 

15 through the Administrator of the National Highway 

16 Traffic Safety Administration. 

17 (3) The Secretary of Commerce, acting through 

18 the Chief Economist and the Under Secretary for 

19 International Trade. 

20 (4) The Secretary of Labor, acting through the 

21 Commissioner of the Bureau of Labor Statistics. 

22 (5) The Secretary of the Treasury, acting 

23 through the Deputy Assistant Secretary for Environ24 ment and Energy of the Department of the Treas25 ury. 


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1 (6) The Secretary of Agriculture, acting 

2 through the Chief Economist. 

3 (7) The Administrator of the Environmental 

4 Protection Agency. 

5 (8) The Chairman of the United States Inter6 national Trade Commission, acting through the Di7 rector of the Office of Economics. 

8 (9) The Administrator of the Energy Informa9 tion Administration. 

10 (c) CONSULTATION BY CHAIR.—In carrying out the 

11 functions of the Chair of the Committee, the Chair shall 

12 consult with the other members of the Committee. 

13 (d) TERMINATION.—The Committee shall terminate 

14 60 days after submitting its final report pursuant to sec15 tion 4(c). 

16 SEC. 3. ANALYSES. 

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

18 for each of the calendar years 2016 and 2020, of the cu19 mulative impact of all covered rules, in combination with 

20 covered actions. 

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

22 each analysis conducted under this section the following: 

23 (1) Estimates of the cumulative impacts of the 

24 covered rules and covered actions with regard to— 


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1 (A) any resulting change in the national, 

2 State, or regional price of gasoline, diesel fuel, 

3 or natural gas; 

4 (B) required capital investments and pro5 jected costs for operation and maintenance of 

6 new equipment required to be installed; 

7 (C) global economic competitiveness of the 

8 United States and any loss of domestic refining 

9 capacity; 

10 (D) other cumulative costs and cumulative 

11 benefits, including evaluation through a general 

12 equilibrium model approach; and 

13 (E) national, State, and regional employ14 ment, including impacts associated with 

15 changes in gasoline, diesel fuel, or natural gas 

16 prices and facility closures. 

17 (2) Discussion of key uncertainties and assump18 tions associated with each estimate under paragraph 

19 (1). 

20 (3) A sensitivity analysis reflecting alternative 

21 assumptions with respect to the aggregate demand 

22 for gasoline, diesel fuel, or natural gas. 

23 (4) Discussion, and where feasible an assess24 ment, of the cumulative impact of the covered rules 

25 and covered actions on— 


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1 (A) consumers; 

2 (B) small businesses; 

3 (C) regional economies; 

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

5 (E) low-income communities; 

6 (F) public health; and 

7 (G) local and industry-specific labor mar8 kets, 

9 as well as key uncertainties associated with each 

10 topic listed in subparagraphs (A) through (G). 

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

12 section, the Committee shall use the best available meth13 ods, consistent with guidance from the Office of Informa14 tion and Regulatory Affairs and the Office of Management 

15 and Budget Circular A–4. 

16 (d) DATA.—In conducting analyses under this sec17 tion, the Committee is not required to create data or to 

18 use data that is not readily accessible. 

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

21 successor or substantially similar rules): 

22 (1) ‘‘Control of Air Pollution From New Motor 

23 Vehicles: Tier 3 Motor Vehicle Emission and Fuel 

24 Standards’’, as described in the Unified Agenda of 


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1 Federal Regulatory and Deregulatory Actions under 

2 Regulatory Identification Number 2060–AQ86. 

3 (2) Any rule proposed after March 15, 2012, 

4 establishing or revising a standard of performance or 

5 emission standard under section 111 or 112 of the 

6 Clean Air Act (42 U.S.C. 7411, 7412) that is appli7 cable to petroleum refineries. 

8 (3) Any rule proposed after March 15, 2012, 

9 for implementation of the Renewable Fuel Program 

10 under section 211(o) of the Clean Air Act (42 

11 U.S.C. 7545(o)). 

12 (4) ‘‘National Ambient Air Quality Standards 

13 for Ozone’’, published at 73 Federal Register 16436 

14 (March 27, 2008); ‘‘Reconsideration of the 2008 

15 Ozone Primary and Secondary National Ambient Air 

16 Quality Standards’’, as described in the Unified 

17 Agenda of Federal Regulatory and Deregulatory Ac18 tions under Regulatory Identification Number 2060– 

19 AP98; and any subsequent rule revising or 

20 supplementing the national ambient air quality 

21 standards for ozone under section 109 of the Clean 

22 Air Act (42 U.S.C. 7409). 

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

24 ‘‘covered action’’ means any action, to the extent such ac25 tion affects facilities involved in the production, transporVerDate Mar 15 2010 05:52 Apr 24, 2012 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4471.IH H4471

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1 tation, or distribution of gasoline, diesel fuel, or natural 

2 gas, taken on or after January 1, 2009, by the Adminis3 trator of the Environmental Protection Agency, a State, 

4 a local government, or a permitting agency as a result of 

5 the application of part C of title I (relating to prevention 

6 of significant deterioration of air quality), or title V (relat7 ing to permitting), of the Clean Air Act (42 U.S.C. 7401 

8 et seq.), to an air pollutant that is identified as a green9 house gas in the rule entitled ‘‘Endangerment and Cause 

10 or Contribute Findings for Greenhouse Gases Under Sec11 tion 202(a) of the Clean Air Act’’ published at 74 Federal 

12 Register 66496 (December 15, 2009). 

13 SEC. 4. REPORTS; PUBLIC COMMENT. 

14 (a) PRELIMINARY REPORT.—Not later than 90 days 

15 after the date of enactment of this Act, the Committee 

16 shall make public and submit to the Committee on Energy 

17 and Commerce of the House of Representatives and the 

18 Committee on Environment and Public Works of the Sen19 ate a preliminary report containing the results of the anal20 yses conducted under section 3. 

21 (b) PUBLIC COMMENT PERIOD.—The Committee 

22 shall accept public comments regarding the preliminary re23 port submitted under subsection (a) for a period of 60 

24 days after such submission. 


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1 (c) FINAL REPORT.—Not later than 60 days after 

2 the close of the public comment period under subsection 

3 (b), the Committee shall submit to Congress a final report 

4 containing the analyses conducted under section 3, includ5 ing any revisions to such analyses made as a result of pub6 lic comments, and a response to such comments. 

7 SEC. 5. NO FINAL ACTION ON CERTAIN RULES. 

8 (a) IN GENERAL.—The Administrator of the Envi9 ronmental Protection Agency shall not finalize any of the 

10 following rules until a date (to be determined by the Ad11 ministrator) that is at least 6 months after the day on 

12 which the Committee submits the final report under sec13 tion 4(c): 

14 (1) ‘‘Control of Air Pollution From New Motor 

15 Vehicles: Tier 3 Motor Vehicle Emission and Fuel 

16 Standards’’, as described in the Unified Agenda of 

17 Federal Regulatory and Deregulatory Actions under 

18 Regulatory Identification Number 2060–AQ86, and 

19 any successor or substantially similar rule. 

20 (2) Any rule proposed after March 15, 2012, 

21 establishing or revising a standard of performance or 

22 emission standard under section 111 or 112 of the 

23 Clean Air Act (42 U.S.C. 7411, 7412) that is appli24 cable to petroleum refineries. 


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1 (3) Any rule revising or supplementing the na2 tional ambient air quality standards for ozone under 

3 section 109 of the Clean Air Act (42 U.S.C. 7409). 

4 (b) OTHER RULES NOT AFFECTED.—Subsection (a) 

5 shall not affect the finalization of any rule other than the 

6 rules described in such subsection. 

7 SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN RE8 VISING OR SUPPLEMENTING NATIONAL AM9 BIENT AIR QUALITY STANDARDS FOR OZONE. 

10 In revising or supplementing any national primary or 

11 secondary ambient air quality standards for ozone under 

12 section 109 of the Clean Air Act (42 U.S.C. 7409), the 

13 Administrator of the Environmental Protection Agency 

14 shall take into consideration feasibility and cost. 

Æ 


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