IIB 

112TH CONGRESS 

1ST SESSION H. R. 2401 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2011 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Transparency in Regu3 latory Analysis of Impacts on the Nation Act of 2011’’. 

4 SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF 

5 REGULATIONS THAT IMPACT ENERGY AND 

6 MANUFACTURING IN THE UNITED STATES. 

7 (a) ESTABLISHMENT.—The President shall establish 

8 a committee to be known as the Committee for the Cumu9 lative Analysis of Regulations that Impact Energy and 

10 Manufacturing in the United States (in this Act referred 

11 to as the ‘‘Committee’’) to analyze and report on the cu12 mulative and incremental impacts of certain rules and ac13 tions of the Environmental Protection Agency, in accord14 ance 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 Agriculture, acting 

18 through the Chief Economist. 

19 (2) The Secretary of Commerce, acting through 

20 the Chief Economist and the Under Secretary for 

21 International Trade. 

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

23 Commissioner of the Bureau of Labor Statistics. 

24 (4) The Secretary of Energy, acting through 

25 the Administrator of the Energy Information Ad26 ministration. 


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1 (5) The Secretary of the Treasury, acting 

2 through the Deputy Assistant Secretary for Environ3 ment and Energy of the Department of the Treas4 ury. 

5 (6) The Administrator of the Environmental 

6 Protection Agency. 

7 (7) The Chairman of the Council of Economic 

8 Advisors. 

9 (8) The Chairman of the Federal Energy Regu10 latory Commission. 

11 (9) The Administrator of the Office of Informa12 tion and Regulatory Affairs. 

13 (10) The Chief Counsel for Advocacy of the 

14 Small Business Administration. 

15 (11) The Chairman of the United States Inter16 national Trade Commission, acting through the Of17 fice of Economics. 

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

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

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

21 the members serving on the Committee pursuant to para22 graphs (5) and (11) of subsection (b). 

23 (d) CONSULTATION.—In conducting analyses under 

24 section 3 and preparing reports under section 4, the Com25 mittee shall consult with, and consider pertinent reports 


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1 issued by, the Electric Reliability Organization certified 

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

3 824o(c)). 

4 (e) TERMINATION.—The Committee shall terminate 

5 60 days after submitting its final report pursuant to sec6 tion 4(c). 

7 SEC. 3. ANALYSES. 

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

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

10 the following: 

11 (1) The cumulative impact of covered rules that 

12 are promulgated as final regulations on or before 

13 January 1, 2012, in combination with covered ac14 tions. 

15 (2) The cumulative impact of all covered rules 

16 (including covered rules that have not been promul17 gated as final regulations on or before January 1, 

18 2012), in combination with covered actions. 

19 (3) The incremental impact of each covered rule 

20 not promulgated as a final regulation on or before 

21 January 1, 2012, relative to an analytic baseline 

22 representing the results of the analysis conducted 

23 under paragraph (1). 

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

25 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) low-income communities; 

9 (F) public health; 

10 (G) local and industry-specific labor mar11 kets; and 

12 (H) agriculture, 

13 as well as key uncertainties associated with each 

14 topic. 

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

16 section, the Committee shall use the best available meth17 ods, consistent with guidance from the Office of Informa18 tion and Regulatory Affairs and the Office of Management 

19 and Budget Circular A–4. 

20 (d) DATA.—In conducting analyses under this sec21 tion, the Committee— 

22 (1) shall use the best data that are available to 

23 the public or supplied to the Committee by its mem24 bers, including the most recent such data approVerDate Mar 15 2010 02:19 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2401.RFS H2401

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1 priate for this analysis representing air quality, facil2 ity emissions, and installed controls; and 

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

4 that are not readily accessible. 

5 (e) COVERED RULES.—In this section, the term ‘‘cov6 ered rule’’ means the following: 

7 (1) The following published rules (including any 

8 successor or substantially similar rule): 

9 (A) The Clean Air Interstate Rule (as de10 fined in section 5(a)(4)). 

11 (B) ‘‘National Ambient Air Quality Stand12 ards for Ozone’’, published at 73 Fed. Reg. 

13 16436 (March 27, 2008). 

14 (C) ‘‘National Emission Standards for 

15 Hazardous Air Pollutants for Major Sources: 

16 Industrial, Commercial, and Institutional Boil17 ers and Process Heaters’’, published at 76 Fed. 

18 Reg. 15608 (March 21, 2011). 

19 (D) ‘‘National Emission Standards for 

20 Hazardous Air Pollutants for Area Sources: In21 dustrial, Commercial, and Institutional Boil22 ers’’, published at 76 Fed. Reg. 15554 (March 

23 21, 2011). 

24 (E) ‘‘National Emission Standards for 

25 Hazardous Air Pollutants from Coal- and OilVerDate Mar 15 2010 02:19 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2401.RFS H2401

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1 fired Electric Utility Steam Generating Units 

2 and Standards of Performance for Fossil-Fuel3 Fired Electric Utility, Industrial-Commercial4 Institutional, and Small Industrial-Commercial5 Institutional Steam Generating Units’’, signed 

6 by Administrator Lisa P. Jackson on March 16, 

7 2011. 

8 (F) ‘‘Hazardous and Solid Waste Manage9 ment System; Identification and Listing of Spe10 cial Wastes; Disposal of Coal Combustion Re11 siduals From Electric Utilities’’, published at 

12 75 Fed. Reg. 35127 (June 21, 2010). 

13 (G) ‘‘Primary National Ambient Air Qual14 ity Standard for Sulfur Dioxide’’, published at 

15 75 Fed. Reg. 35520 (June 22, 2010). 

16 (H) ‘‘Primary National Ambient Air Qual17 ity Standards for Nitrogen Dioxide’’, published 

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

19 (I) ‘‘National Emission Standards for Haz20 ardous Air Pollutants from the Portland Ce21 ment Manufacturing Industry and Standards of 

22 Performance for Portland Cement Plants’’, 

23 published at 75 Fed. Reg. 54970 (September 9, 

24 2010). 


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1 (2) The following additional rules or guidelines 

2 promulgated on or after January 1, 2009: 

3 (A) Any rule or guideline promulgated 

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

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

6 climate change. 

7 (B) Any rule or guideline promulgated by 

8 the Administrator of the Environmental Protec9 tion Agency, a State, a local government, or a 

10 permitting agency under or as the result of sec11 tion 169A or 169B of the Clean Air Act (42 

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

13 (C) Any rule establishing or modifying a 

14 national ambient air quality standard under 

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

16 7409). 

17 (D) Any rule addressing fuels under title 

18 II of the Clean Air Act (42 U.S.C. 7521 et 

19 seq.) as described in the Unified Agenda of 

20 Federal Regulatory and Deregulatory Actions 

21 under Regulatory Identification Number 2060- 

22 AQ86, or any substantially similar rule, includ23 ing any rule under section 211(v) of the Clean 

24 Air Act (42 U.S.C. 7545(v)). 


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

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

3 1, 2009, by the Administrator of the Environmental Pro4 tection Agency, a State, a local government, or a permit5 ting agency as a result of the application of part C of title 

6 I (relating to prevention of significant deterioration of air 

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

8 Air Act (42 U.S.C. 7401 et seq.), if such application oc9 curs with respect to an air pollutant that is identified as 

10 a greenhouse gas in ‘‘Endangerment and Cause or Con11 tribute Findings for Greenhouse Gases Under Section 

12 202(a) of the Clean Air Act’’, published at 74 Fed. Reg. 

13 66496 (December 15, 2009). 

14 SEC. 4. REPORTS; PUBLIC COMMENT. 

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

16 31, 2012, the Committee shall make public and submit 

17 to the Committee on Energy and Commerce of the House 

18 of Representatives and the Committee on Environment 

19 and Public Works of the Senate a preliminary report con20 taining the results of the analyses conducted under section 

21 3. 

22 (b) PUBLIC COMMENT PERIOD.—The Committee 

23 shall accept public comments regarding the preliminary re24 port submitted under subsection (a) for a period of 120 

25 days after such submission. 


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

2 the Committee shall submit to Congress a final report con3 taining the analyses conducted under section 3, including 

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

5 comments, and a response to such comments. 

6 SEC. 5. ADDITIONAL PROVISIONS RELATING TO CERTAIN 

7 RULES. 

8 (a) CROSS-STATE AIR POLLUTION RULE/TRANSPORT

9 RULE.— 

10 (1) EARLIER RULES.—The rule entitled ‘‘Fed11 eral Implementation Plans: Interstate Transport of 

12 Fine Particulate Matter and Ozone and Correction 

13 of SIP Approvals’’, published at 76 Fed. Reg. 48208 

14 (August 8, 2011), and any successor or substantially 

15 similar rule, shall be of no force or effect, and shall 

16 be treated as though such rule had never taken ef17 fect. 

18 (2) CONTINUED APPLICABILITY OF CLEAN AIR

19 INTERSTATE RULE.—In place of any rule described 

20 in paragraph (1), the Administrator of the Environ21 mental Protection Agency (in this section referred to 

22 as the ‘‘Administrator’’) shall continue to implement 

23 the Clean Air Interstate Rule. 

24 (3) ADDITIONAL RULEMAKINGS.— 


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1 (A) ISSUANCE OF NEW RULES.—The Ad2 ministrator— 

3 (i) shall not issue any proposed or 

4 final rule under section 110(a)(2)(D)(i)(I) 

5 or section 126 of the Clean Air Act (42 

6 U.S.C. 7410(a)(2)(D)(i)(I), 7426) relating 

7 to national ambient air quality standards 

8 for ozone or particulate matter (including 

9 any modification of the Clean Air Inter10 state Rule) before the date that is 3 years 

11 after the date on which the Committee 

12 submits the final report under section 4(c); 

13 and 

14 (ii) in issuing any rule described in 

15 clause (i), shall base the rule on actual 

16 monitored (and not modeled) data and 

17 shall, notwithstanding section 

18 110(a)(2)(D)(i)(I), allow the trading of 

19 emissions allowances among entities cov20 ered by the rule irrespective of the States 

21 in which such entities are located. 

22 (B) IMPLEMENTATION SCHEDULE.—In 

23 promulgating any final rule described in sub24 paragraph (A)(i), the Administrator shall estab25 lish a date for State implementation of the 


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1 standards established by such final rule that is 

2 not earlier than 3 years after the date of publi3 cation of such final rule. 

4 (4) DEFINITION OF CLEAN AIR INTERSTATE

5 RULE.—For purposes of this section, the term 

6 ‘‘Clean Air Interstate Rule’’ means the Clean Air 

7 Interstate Rule and the rule establishing Federal 

8 Implementation Plans for the Clean Air Interstate 

9 Rule as promulgated and modified by the Adminis10 trator (70 Fed. Reg. 25162 (May 12, 2005), 71 

11 Fed. Reg. 25288 (April 28, 2006), 72 Fed. Reg. 

12 55657 (October 1, 2007), 72 Fed. Reg. 59190 (Oc13 tober 19, 2007), 72 Fed. Reg. 62338 (November 2, 

14 2007), 74 Fed. Reg. 56721 (November 3, 2009)). 

15 (b) STEAM GENERATING UNIT RULES.— 

16 (1) EARLIER RULES.—The proposed rule enti17 tled ‘‘National Emission Standards for Hazardous 

18 Air Pollutants From Coal- and Oil-Fired Electric 

19 Utility Steam Generating Units and Standards of 

20 Performance for Fossil-Fuel-Fired Electric Utility, 

21 Industrial-Commercial- Institutional, and Small In22 dustrial-Commercial-Institutional Steam Generating 

23 Units’’ published at 76 Fed. Reg. 24976 (May 3, 

24 2011), and any final rule that is based on such pro25 posed rule and is issued prior to the date of the enVerDate Mar 15 2010 02:19 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2401.RFS H2401

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1 actment of this Act, shall be of no force and effect, 

2 and shall be treated as though such proposed or 

3 final rule had never been issued. In conducting anal4 yses under section 3(a), the Committee shall analyze 

5 the rule described in section 3(e)(1)(E) (including 

6 any successor or substantially similar rule) as if the 

7 preceding sentence did not apply to such rule. 

8 (2) PROMULGATION OF FINAL RULES.—In 

9 place of the rules described in paragraph (1), the 

10 Administrator shall— 

11 (A) issue regulations establishing national 

12 emission standards for coal-and oil-fired electric 

13 utility steam generating units under section 112 

14 of the Clean Air Act (42 U.S.C. 7412) with re15 spect to each hazardous air pollutant for which 

16 the Administrator finds such regulations are 

17 appropriate and necessary pursuant to sub18 section (n)(1)(A) of such section; 

19 (B) issue regulations establishing stand20 ards of performance for fossil-fuel-fired electric 

21 utility, industrial-commercial-institutional, and 

22 small industrial-commercial-institutional steam 

23 generating units under section 111 of the Clean 

24 Air Act (42 U.S.C. 111); and 


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1 (C) issue the final regulations required by 

2 subparagraphs (A) and (B)— 

3 (i) after issuing proposed regulations 

4 under such subparagraphs; 

5 (ii) after consideration of the final re6 port submitted under section 4(c); and 

7 (iii) not earlier than the date that is 

8 12 months after the date on which the 

9 Committee submits such report to the Con10 gress, or such later date as may be deter11 mined by the Administrator. 

12 (3) COMPLIANCE PROVISIONS.— 

13 (A) ESTABLISHMENT OF COMPLIANCE

14 DATES.—In promulgating the regulations under 

15 paragraph (2), the Administrator— 

16 (i) shall establish a date for compli17 ance with the standards and requirements 

18 under such regulations that is not earlier 

19 than 5 years after the effective date of the 

20 regulations; and 

21 (ii) in establishing a date for such 

22 compliance, shall take into consideration— 

23 (I) the costs of achieving emis24 sions reductions; 


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1 (II) any non-air quality health 

2 and environmental impact and energy 

3 requirements of the standards and re4 quirements; 

5 (III) the feasibility of imple6 menting the standards and require7 ments, including the time needed to— 

8 (aa) obtain necessary permit 

9 approvals; and 

10 (bb) procure, install, and 

11 test control equipment; 

12 (IV) the availability of equip13 ment, suppliers, and labor, given the 

14 requirements of the regulations and 

15 other proposed or finalized regula16 tions; and 

17 (V) potential net employment im18 pacts. 

19 (B) NEW SOURCES.—With respect to the 

20 regulations promulgated pursuant to paragraph 

21 (2)— 

22 (i) the date on which the Adminis23 trator proposes a regulation pursuant to 

24 paragraph (2)(A) establishing an emission 

25 standard under section 112 of the Clean 


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1 Air Act (42 U.S.C. 7412) shall be treated 

2 as the date on which the Administrator 

3 first proposes such a regulation for pur4 poses of applying the definition of a new 

5 source under section 112(a)(4) of such Act 

6 (42 U.S.C. 7412(a)(4)); 

7 (ii) the date on which the Adminis8 trator proposes a regulation pursuant to 

9 paragraph (2)(B) establishing a standard 

10 of performance under section 111 of the 

11 Clean Air Act (42 U.S.C. 7411) shall be 

12 treated as the date on which the Adminis13 trator proposes such a regulation for pur14 poses of applying the definition of a new 

15 source under section 111(a)(2) of such Act 

16 (42 U.S.C. 7411(a)(2)); 

17 (iii) for purposes of any emission 

18 standard or limitation applicable to electric 

19 utility steam generating units, the term 

20 ‘‘new source’’ means a stationary source 

21 for which a preconstruction permit or 

22 other preconstruction approval required 

23 under the Clean Air Act (42 U.S.C. 7401 

24 et seq.) has been issued after the effective 


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1 date of such emissions standard or limita2 tion; and 

3 (iv) for purposes of clause (iii), the 

4 date of issuance of a preconstruction per5 mit or other preconstruction approval is 

6 deemed to be the date on which such per7 mit or approval is issued to the applicant 

8 irrespective of any administrative or judi9 cial review occurring after such date. 

10 (C) RULE OF CONSTRUCTION.—Nothing in 

11 this subsection shall be construed to restrict or 

12 otherwise affect the provisions of paragraphs 

13 (3)(B) and (4) of section 112(i) of the Clean 

14 Air Act (42 U.S.C. 7412(i)). 

15 (4) OTHER PROVISIONS.— 

16 (A) ESTABLISHMENT OF STANDARDS

17 ACHIEVABLE IN PRACTICE.—The regulations 

18 promulgated pursuant to paragraph (2)(A) of 

19 this section shall apply section 112(d)(3) of the 

20 Clean Air Act (42 U.S.C. 7412(d)(3)) in ac21 cordance with the following: 

22 (i) NEW SOURCES.—With respect to 

23 new sources: 

24 (I) The Administrator shall iden25 tify the best controlled similar source 


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1 for each source category or sub2 category. 

3 (II) The best controlled similar 

4 source for a category or subcategory 

5 shall be the single source that is de6 termined by the Administrator to be 

7 the best controlled, in the aggregate, 

8 for all of the hazardous air pollutants 

9 for which the Administrator intends 

10 to issue standards for such source cat11 egory or subcategory, under actual op12 erating conditions, taking into account 

13 the variability in actual source per14 formance, source design, fuels, con15 trols, ability to measure pollutant 

16 emissions, and operating conditions. 

17 (ii) EXISTING SOURCES.—With re18 spect to existing sources: 

19 (I) The Administrator shall iden20 tify one group of sources that con21 stitutes the best performing 12 per22 cent of existing sources for each 

23 source category or subcategory. 

24 (II) The group constituting the 

25 best performing 12 percent of existing 


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1 sources for a category or subcategory 

2 shall be the single group that is deter3 mined by the Administrator to be the 

4 best performing, in the aggregate, for 

5 all of the hazardous air pollutants for 

6 which the Administrator intends to 

7 issue standards for such source cat8 egory or subcategory, under actual op9 erating conditions, taking into account 

10 the variability in actual source per11 formance, source design, fuels, con12 trols, ability to measure pollutant 

13 emissions, and operating conditions. 

14 (B) REGULATORY ALTERNATIVES.—For 

15 the regulations promulgated pursuant to para16 graph (2) of this section, from among the range 

17 of regulatory alternatives authorized under the 

18 Clean Air Act (42 U.S.C. 7401 et seq.), includ19 ing work practice standards under section 

20 112(h) of such Act (42 U.S.C. 7412(h)), the 

21 Administrator shall impose the least burden22 some, consistent with the purposes of such Act 

23 and Executive Order No. 13563 published at 76 

24 Fed. Reg. 3821 (January 21, 2011). 


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1 SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN ES2 TABLISHING NATIONAL AMBIENT AIR QUAL3 ITY STANDARDS. 

4 In establishing any national primary or secondary 

5 ambient air quality standard under section 109 of the 

6 Clean Air Act (42 U.S.C. 7409), the Administrator of the 

7 Environmental Protection Agency shall take into consider8 ation feasibility and cost. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION.—There are authorized to be ap11 propriated to carry out this Act— 

12 (1) for fiscal year 2012, $3,000,000 to the De13 partment of Commerce, of which not more than 

14 $2,000,000 shall be for carrying out section 3; and 

15 (2) to the Environmental Protection Agency— 

16 (A) for fiscal year 2012, $1,000,000; and 

17 (B) for fiscal year 2013, $500,000. 

18 (b) OFFSET.—Effective October 1, 2011, section 

19 797(a) of the Energy Policy Act of 2005, as amended by 

20 section 2(e) of the Diesel Reduction Act of 2010 (Public 

21 Law 111–364), is amended— 

22 (1) by striking ‘‘2012’’ and inserting ‘‘2014’’; 


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1 (2) by inserting ‘‘$45,500,000 for fiscal year 

2 2012, $49,500,000 for fiscal year 2013, and’’ after 

3 ‘‘to carry out this subtitle’’. 

Passed the House of Representatives September 23, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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