I 

113TH CONGRESS 

1ST SESSION H. R. 2948 

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 

AUGUST 1, 2013 

Mr. MATHESON (for himself and Mr. HARPER) 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 2013’’. 


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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 Chief Economist and the Under Secretary for 

18 International Trade. 

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

20 Commissioner of the Bureau of Labor Statistics. 

21 (4) The Secretary of Energy, acting through 

22 the Administrator of the Energy Information Ad23 ministration. 

24 (5) The Secretary of the Treasury, acting 

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1 ment and Energy of the Department of the Treas2 ury. 

3 (6) The Administrator of the Environmental 

4 Protection Agency. 

5 (7) The Chairman of the Council of Economic 

6 Advisors. 

7 (8) The Chairman of the Federal Energy Regu8 latory Commission. 

9 (9) The Administrator of the Office of Informa10 tion and Regulatory Affairs. 

11 (10) The Chief Counsel for Advocacy of the 

12 Small Business Administration. 

13 (11) The Chairman of the United States Inter14 national Trade Commission, acting through the Of15 fice of Economics. 

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

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

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

19 the members serving on the Committee pursuant to para20 graphs (5) and (11) of subsection (b). 

21 (d) CONSULTATION.—In conducting analyses under 

22 section 3 and preparing reports under section 4, the Com23 mittee shall consult with, and consider pertinent reports 

24 issued by, the Electric Reliability Organization certified 


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

2 824o(c)). 

3 (e) TERMINATION.—The Committee shall terminate 

4 60 days after submitting its final report pursuant to sec5 tion 4(c). 

6 SEC. 3. ANALYSES. 

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

8 for each of the calendar years 2018, 2023, and 2030, of 

9 the following: 

10 (1) The cumulative impact of covered rules that 

11 are promulgated as final regulations on or before 

12 January 1, 2014, in combination with covered ac13 tions. 

14 (2) The cumulative impact of all covered rules 

15 (including covered rules that have not been promul16 gated as final regulations on or before January 1, 

17 2014), in combination with covered actions. 

18 (3) The incremental impact of each covered rule 

19 not promulgated as a final regulation on or before 

20 January 1, 2014, relative to an analytic baseline 

21 representing the results of the analysis conducted 

22 under paragraph (1). 

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

24 each analysis conducted under this section the following: 


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1 (1) Estimates of the impacts of the covered 

2 rules and covered actions with regard to— 

3 (A) the global economic competitiveness of 

4 the United States, particularly with respect to 

5 energy intensive and trade sensitive industries; 

6 (B) other cumulative costs and cumulative 

7 benefits, including evaluation through a general 

8 equilibrium model approach; 

9 (C) any resulting change in national, 

10 State, and regional electricity prices; 

11 (D) any resulting change in national, 

12 State, and regional fuel prices; 

13 (E) the impact on national, State, and re14 gional employment during the 5-year period be15 ginning on the date of enactment of this Act, 

16 and also in the long term, including secondary 

17 impacts associated with increased energy prices 

18 and facility closures; and 

19 (F) the reliability and adequacy of bulk 

20 power supply in the United States. 

21 (2) Discussion of key uncertainties and assump22 tions associated with each estimate. 

23 (3) A sensitivity analysis. 


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1 (4) Discussion, and where feasible an assess2 ment, of the cumulative impact of the covered rules 

3 and covered actions on— 

4 (A) consumers; 

5 (B) small businesses; 

6 (C) regional economies; 

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

8 (E) local and industry-specific labor mar9 kets; and 

10 (F) agriculture, 

11 as well as key uncertainties associated with each 

12 topic. 

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

14 section, the Committee shall use the best available meth15 ods, consistent with guidance from the Office of Informa16 tion and Regulatory Affairs and the Office of Management 

17 and Budget Circular A–4. 

18 (d) DATA.—In conducting analyses under this sec19 tion, the Committee— 

20 (1) shall use the best data that is available to 

21 the public or supplied to the Committee by its mem22 bers, including the most recent such data appro23 priate for this analysis representing air quality, facil24 ity emissions, and installed controls; and 


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1 (2) is not required to create data or to use data 

2 that is not readily accessible. 

3 (e) COVERED RULES.—In this section, the term ‘‘cov4 ered rule’’ means the following: 

5 (1) The following published rules (including any 

6 successor or substantially similar rule): 

7 (A) ‘‘National Ambient Air Quality Stand8 ards for Ozone’’, published at 75 Fed. Reg. 

9 2938 (January 19, 2010). 

10 (B) ‘‘National Emission Standards for 

11 Hazardous Air Pollutants for Major Sources: 

12 Industrial, Commercial, and Institutional Boil13 ers and Process Heaters’’, published at 78 Fed. 

14 Reg. 7138 (January 31, 2013). 

15 (C) ‘‘National Emission Standards for 

16 Hazardous Air Pollutants for Area Sources: In17 dustrial, Commercial, and Institutional Boil18 ers’’, published at 78 Fed. Reg. 7488 (Feb19 ruary 1, 2013). 

20 (D) ‘‘National Emission Standards for 

21 Hazardous Air Pollutants from Coal- and Oil22 fired Electric Utility Steam Generating Units 

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1 Institutional Steam Generating Units’’, pub2 lished at 77 Fed. Reg. 9304 (February 16, 

3 2012) and the ‘‘Reconsideration of Certain New 

4 Source Issues: National Emission Standards for 

5 Hazardous Air Pollutants from Coal- and Oil6 fired Electric Utility Steam Generating Units 

7 and Standards of Performance for Fossil-Fuel8 Fired Electric Utility, Industrial-Commercial9 Institutional, and Small Industrial-Commercial10 Institutional Steam Generating Units’’, pub11 lished at 78 Fed. Reg. 24073 (April 24, 2013). 

12 (E) ‘‘Hazardous and Solid Waste Manage13 ment System; Identification and Listing of Spe14 cial Wastes; Disposal of Coal Combustion Re15 siduals From Electric Utilities’’, published at 

16 75 Fed. Reg. 35128 (June 21, 2010). 

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

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

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

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

23 (H) ‘‘National Pollutant Discharge Elimi24 nation System—Cooling Water Intake Struc25 tures at Existing Facilities and Phase I FaciliVerDate Mar 15 2010 04:16 Aug 07, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948

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1 ties’’, published at 76 Fed. Reg. 22174 (April 

2 20, 2011). 

3 (I) ‘‘Effluent Limitations Guidelines and 

4 Standards for the Construction and Develop5 ment Point Source Category’’, published at 74 

6 Fed. Reg. 62996 (December 1, 2009). 

7 (2) The following additional rules or guidelines 

8 promulgated on or after January 1, 2009: 

9 (A) Any rule or guideline promulgated 

10 under section 111(b) or 111(d) of the Clean Air 

11 Act (42 U.S.C. 7411(b), 7411(d)) to address 

12 climate change. 

13 (B) Any rule or guideline promulgated by 

14 the Administrator of the Environmental Protec15 tion Agency, a State, a local government, or a 

16 permitting agency under or as the result of sec17 tion 169A or 169B of the Clean Air Act (42 

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

19 (C) Any rule establishing or modifying a 

20 national ambient air quality standard under 

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

22 7409). 

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

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

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1 tection Agency, a State, a local government, or a permit2 ting agency as a result of the application of part C of title 

3 I (relating to prevention of significant deterioration of air 

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

5 Air Act (42 U.S.C. 7401 et seq.), if such application oc6 curs with respect to an air pollutant that is identified as 

7 a greenhouse gas in ‘‘Endangerment and Cause or Con8 tribute Findings for Greenhouse Gases Under Section 

9 202(a) of the Clean Air Act’’, published at 74 Fed. Reg. 

10 66496 (December 15, 2009). 

11 SEC. 4. REPORTS; PUBLIC COMMENT. 

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

13 31, 2014, the Committee shall make public and submit 

14 to the Committee on Energy and Commerce of the House 

15 of Representatives and the Committee on Environment 

16 and Public Works of the Senate a preliminary report con17 taining the results of the analyses conducted under section 

18 3. 

19 (b) PUBLIC COMMENT PERIOD.—The Committee 

20 shall accept public comments regarding the preliminary re21 port submitted under subsection (a) for a period of 90 

22 days after such submission. 

23 (c) FINAL REPORT.—Not later than August 1, 2014, 

24 the Committee shall submit to Congress a final report con25 taining the analyses conducted under section 3, including 


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

2 comments, and a response to such comments. 

Æ 


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