IB 

Union Calendar No. 366 

112TH CONGRESS 

2D SESSION H. R. 4471 

[Report No. 112–519] 

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 

JUNE 6, 2012 

Additional sponsors: Mr. OLSON, Mr. TERRY, Mr. LANCE, Mr. STEARNS, Mr. 

HARPER, Mr. MCKINLEY, Mr. KINZINGER of Illinois, Mr. SULLIVAN, 

Mrs. BLACKBURN, Mr. UPTON, Mr. MURPHY of Pennsylvania, Mr. WALDEN, Mr. BARTON of Texas, Mr. SCALISE, Mr. REHBERG, Mr. JOHNSON

of Ohio, Mr. BERG, Mr. GRIFFIN of Arkansas, Mr. CONAWAY, Mr. REED, 

Mr. LATHAM, Mr. NUNNELEE, Ms. FOXX, and Mr. DUNCAN of South 

Carolina 

JUNE 6, 2012 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4471 RH

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. 


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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’’. 

6 SEC. 2. TRANSPORTATION FUELS REGULATORY COM7 MITTEE. 

8 (a) ESTABLISHMENT.—The President shall establish 

9 a committee to be known as the Transportation Fuels 

10 Regulatory Committee (in this Act referred to as the 

11 ‘‘Committee’’) to analyze and report on the cumulative im12 pacts of certain rules and actions of the Environmental 

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

14 prices, in accordance with sections 3 and 4. 

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

16 the following officials (or their designees): 

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

18 the Chair of the Committee. 

19 (2) The Secretary of Transportation, acting 

20 through the Administrator of the National Highway 

21 Traffic Safety Administration. 

22 (3) The Secretary of Commerce, acting through 

23 the Chief Economist and the Under Secretary for 

24 International Trade. 


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

2 Commissioner of the Bureau of Labor Statistics. 

3 (5) The Secretary of the Treasury, acting 

4 through the Deputy Assistant Secretary for Environ5 ment and Energy of the Department of the Treas6 ury. 

7 (6) The Secretary of Agriculture, acting 

8 through the Chief Economist. 

9 (7) The Administrator of the Environmental 

10 Protection Agency. 

11 (8) The Chairman of the United States Inter12 national Trade Commission, acting through the Di13 rector of the Office of Economics. 

14 (9) The Administrator of the Energy Informa15 tion Administration. 

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

17 functions of the Chair of the Committee, the Chair shall 

18 consult with the other members of the Committee. 

19 (d) TERMINATION.—The Committee shall terminate 

20 60 days after submitting its final report pursuant to sec21 tion 4(c). 

22 SEC. 3. ANALYSES. 

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

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1 mulative impact of all covered rules, in combination with 

2 covered actions. 

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

4 each analysis conducted under this section the following: 

5 (1) Estimates of the cumulative impacts of the 

6 covered rules and covered actions with regard to— 

7 (A) any resulting change in the national, 

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

9 or natural gas; 

10 (B) required capital investments and pro11 jected costs for operation and maintenance of 

12 new equipment required to be installed; 

13 (C) global economic competitiveness of the 

14 United States and any loss of domestic refining 

15 capacity; 

16 (D) other cumulative costs and cumulative 

17 benefits, including evaluation through a general 

18 equilibrium model approach; and 

19 (E) national, State, and regional employ20 ment, including impacts associated with 

21 changes in gasoline, diesel fuel, or natural gas 

22 prices and facility closures. 

23 (2) Discussion of key uncertainties and assump24 tions associated with each estimate under paragraph 

25 (1). 


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1 (3) A sensitivity analysis reflecting alternative 

2 assumptions with respect to the aggregate demand 

3 for gasoline, diesel fuel, or natural gas. 

4 (4) Discussion, and where feasible an assess5 ment, of the cumulative impact of the covered rules 

6 and covered actions on— 

7 (A) consumers; 

8 (B) small businesses; 

9 (C) regional economies; 

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

11 (E) low-income communities; 

12 (F) public health; and 

13 (G) local and industry-specific labor mar14 kets, 

15 as well as key uncertainties associated with each 

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

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

18 section, the Committee shall use the best available meth19 ods, consistent with guidance from the Office of Informa20 tion and Regulatory Affairs and the Office of Management 

21 and Budget Circular A–4. 

22 (d) DATA.—In conducting analyses under this sec23 tion, the Committee is not required to create data or to 

24 use data that is not readily accessible. 


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1 (e) COVERED RULES.—In this section, the term ‘‘cov2 ered rule’’ means the following rules (and includes any 

3 successor or substantially similar rules): 

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

5 Vehicles: Tier 3 Motor Vehicle Emission and Fuel 

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

7 Federal Regulatory and Deregulatory Actions under 

8 Regulatory Identification Number 2060–AQ86. 

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

10 establishing or revising a standard of performance or 

11 emission standard under section 111 or 112 of the 

12 Clean Air Act (42 U.S.C. 7411, 7412) that is appli13 cable to petroleum refineries. 

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

15 for implementation of the Renewable Fuel Program 

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

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

18 (4) ‘‘National Ambient Air Quality Standards 

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

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

21 Ozone Primary and Secondary National Ambient Air 

22 Quality Standards’’, as described in the Unified 

23 Agenda of Federal Regulatory and Deregulatory Ac24 tions under Regulatory Identification Number 2060– 

25 AP98; and any subsequent rule revising or 


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1 supplementing the national ambient air quality 

2 standards for ozone under section 109 of the Clean 

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

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

5 ‘‘covered action’’ means any action, to the extent such ac6 tion affects facilities involved in the production, transpor7 tation, or distribution of gasoline, diesel fuel, or natural 

8 gas, taken on or after January 1, 2009, by the Adminis9 trator of the Environmental Protection Agency, a State, 

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

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

12 of significant deterioration of air quality), or title V (relat13 ing to permitting), of the Clean Air Act (42 U.S.C. 7401 

14 et seq.), to an air pollutant that is identified as a green15 house gas in the rule entitled ‘‘Endangerment and Cause 

16 or Contribute Findings for Greenhouse Gases Under Sec17 tion 202(a) of the Clean Air Act’’ published at 74 Federal 

18 Register 66496 (December 15, 2009). 

19 SEC. 4. REPORTS; PUBLIC COMMENT. 

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

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

22 shall make public and submit to the Committee on Energy 

23 and Commerce of the House of Representatives and the 

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1 ate a preliminary report containing the results of the anal2 yses conducted under section 3. 

3 (b) PUBLIC COMMENT PERIOD.—The Committee 

4 shall accept public comments regarding the preliminary re5 port submitted under subsection (a) for a period of 60 

6 days after such submission. 

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

8 the close of the public comment period under subsection 

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

10 containing the analyses conducted under section 3, includ11 ing any revisions to such analyses made as a result of pub12 lic comments, and a response to such comments. 

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

14 (a) IN GENERAL.—The Administrator of the Envi15 ronmental Protection Agency shall not finalize any of the 

16 following rules until a date (to be determined by the Ad17 ministrator) that is at least 6 months after the day on 

18 which the Committee submits the final report under sec19 tion 4(c): 

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

21 Vehicles: Tier 3 Motor Vehicle Emission and Fuel 

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

23 Federal Regulatory and Deregulatory Actions under 

24 Regulatory Identification Number 2060–AQ86, and 

25 any successor or substantially similar rule. 


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

2 establishing or revising a standard of performance or 

3 emission standard under section 111 or 112 of the 

4 Clean Air Act (42 U.S.C. 7411, 7412) that is appli5 cable to petroleum refineries. 

6 (3) Any rule revising or supplementing the na7 tional ambient air quality standards for ozone under 

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

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

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

11 rules described in such subsection. 

12 SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN RE13 VISING OR SUPPLEMENTING NATIONAL AM14 BIENT AIR QUALITY STANDARDS FOR OZONE. 

15 In revising or supplementing any national primary or 

16 secondary ambient air quality standards for ozone under 

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

18 Administrator of the Environmental Protection Agency 

19 shall take into consideration feasibility and cost. 


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smartinez on DSK6TPTVN1PROD with BILLS
Union Calendar No. 366 

112TH CONGRESS 

2D SESSION H. R. 4471 

[Report No. 112–519] 

A BILL 

To require analyses of the cumulative impacts of 

omy, and for other purposes. fuel, and natural gas prices, jobs, and the econProtection Agency that impact gasoline, diesel certain rules and actions of the Environmental 

JUNE 6, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


smartinez on DSK6TPTVN1PROD with BILLS