I 

112TH CONGRESS 

1ST SESSION H. R. 2401 

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 

JUNE 24, 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. POMPEO, Mr. 

ROSS of Arkansas, Mr. GUTHRIE, Mr. KINZINGER of Illinois, Mr. 

BILBRAY, Mr. TURNER, Mr. DUNCAN of Tennessee, Mr. BUCSHON, Mr. 

DUFFY, Mr. ROSKAM, Mrs. MYRICK, Mr. OLSON, Mr. JOHNSON of Illinois, Mr. ROKITA, Mr. COSTA, Mr. HOLDEN, and Mr. ROGERS of Kentucky) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

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 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 2016, 2020, 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, 2012, 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 2012), 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, 2012, 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) ‘‘Federal Implementation Plans To Re8 duce Interstate Transport of Fine Particulate 

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

10 45210 (August 2, 2010). 

11 (B) ‘‘National Ambient Air Quality Stand12 ards for Ozone’’, published at 75 Fed. Reg. 

13 2938 (January 19, 2010). 

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 

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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 (2) The following additional rules or guidelines 

20 promulgated on or after January 1, 2009: 

21 (A) Any rule or guideline promulgated 

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

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

24 climate change. 


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1 (B) Any rule or guideline promulgated by 

2 the Administrator of the Environmental Protec3 tion Agency, a State, a local government, or a 

4 permitting agency under or as the result of sec5 tion 169A or 169B of the Clean Air Act (42 

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

7 (C) Any rule establishing or modifying a 

8 national ambient air quality standard under 

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

10 7409). 

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

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

13 1, 2009, by the Administrator of the Environmental Pro14 tection Agency, a State, a local government, or a permit15 ting agency as a result of the application of part C of title 

16 I (relating to prevention of significant deterioration of air 

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

18 Air Act (42 U.S.C. 7401 et seq.), if such application oc19 curs with respect to an air pollutant that is identified as 

20 a greenhouse gas in ‘‘Endangerment and Cause or Con21 tribute Findings for Greenhouse Gases Under Section 

22 202(a) of the Clean Air Act’’, published at 74 Fed. Reg. 

23 66496 (December 15, 2009). 


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1 SEC. 4. REPORTS; PUBLIC COMMENT. 

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

3 31, 2012, the Committee shall make public and submit 

4 to the Committee on Energy and Commerce of the House 

5 of Representatives and the Committee on Environment 

6 and Public Works of the Senate a preliminary report con7 taining the results of the analyses conducted under section 

8 3. 

9 (b) PUBLIC COMMENT PERIOD.—The Committee 

10 shall accept public comments regarding the preliminary re11 port submitted under subsection (a) for a period of 90 

12 days after such submission. 

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

14 the Committee shall submit to Congress a final report con15 taining the analyses conducted under section 3, including 

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

17 comments, and a response to such comments. 

18 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) AUTHORIZATION.—There are authorized to be ap20 propriated to carry out this Act for fiscal year 2012— 

21 (1) $3,000,000 to the Department of Com22 merce, of which not more than $2,000,000 shall be 

23 for carrying out section 3; and 

24 (2) $500,000 to the Environmental Protection 

25 Agency. 


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

2 797(a) of the Energy Policy Act of 2005, as amended by 

3 section 2(e) of the Diesel Emissions Reduction Act of 

4 2010 (Public Law 111–364), is amended to read as fol5 lows: 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this subtitle $46,000,000 for fiscal 

8 year 2012 and $50,000,000 for each of fiscal years 2013 

9 through 2016, to remain available until expended.’’. 

Æ 


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