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Union Calendar No. 136 

112TH CONGRESS 

1ST SESSION H. R. 2401 

[Report No. 112–208] 

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 

SEPTEMBER 15, 2011 

Additional sponsors: Mr. REHBERG, Mr. HUELSKAMP, Mr. RENACCI, Mr. SCALISE, Mr. RIBBLE, Mr. BACHUS, Mr. AUSTRIA, Mr. SMITH of Nebraska, 

Mr. NUNNELEE, Mr. DESJARLAIS, Mr. ROONEY, Mr. FLAKE, Mr. 

FARENTHOLD, Mr. ROGERS of Alabama, Mr. BONNER, and Mrs. EMERSON

SEPTEMBER 15, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 24, 2011] 

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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. 

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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 ‘‘Transparency in Regu5 latory Analysis of Impacts on the Nation Act of 2011’’. 

6 SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF 

7 REGULATIONS THAT IMPACT ENERGY AND 

8 MANUFACTURING IN THE UNITED STATES. 

9 (a) ESTABLISHMENT.—The President shall establish a 

10 committee to be known as the Committee for the Cumulative 

11 Analysis of Regulations that Impact Energy and Manufac12 turing in the United States (in this Act referred to as the 

13 ‘‘Committee’’) to analyze and report on the cumulative and 

14 incremental impacts of certain rules and actions of the En15 vironmental Protection Agency, in accordance with sections 

16 3 and 4. 

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

18 the following officials (or their designees): 

19 (1) The Secretary of Agriculture, acting through 

20 the Chief Economist. 

21 (2) The Secretary of Commerce, acting through 

22 the Chief Economist and the Under Secretary for 

23 International Trade. 

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

25 Commissioner of the Bureau of Labor Statistics. 

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

2 Administrator of the Energy Information Adminis3 tration. 

4 (5) The Secretary of the Treasury, acting 

5 through the Deputy Assistant Secretary for Environ6 ment and Energy of the Department of the Treasury. 

7 (6) The Administrator of the Environmental 

8 Protection Agency. 

9 (7) The Chairman of the Council of Economic 

10 Advisors. 

11 (8) The Chairman of the Federal Energy Regu12 latory Commission. 

13 (9) The Administrator of the Office of Informa14 tion and Regulatory Affairs. 

15 (10) The Chief Counsel for Advocacy of the 

16 Small Business Administration. 

17 (11) The Chairman of the United States Inter18 national Trade Commission, acting through the Office 

19 of Economics. 

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

21 Chair of the Committee. In carrying out the functions of 

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

23 members serving on the Committee pursuant to paragraphs 

24 (5) and (11) of subsection (b). 

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1 (d) CONSULTATION.—In conducting analyses under 

2 section 3 and preparing reports under section 4, the Com3 mittee shall consult with, and consider pertinent reports 

4 issued by, the Electric Reliability Organization certified 

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

6 824o(c)). 

7 (e) TERMINATION.—The Committee shall terminate 60 

8 days after submitting its final report pursuant to section 

9 4(c). 

10 SEC. 3. ANALYSES. 

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

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

13 following: 

14 (1) The cumulative impact of covered rules that 

15 are promulgated as final regulations on or before 

16 January 1, 2012, in combination with covered ac17 tions. 

18 (2) The cumulative impact of all covered rules 

19 (including covered rules that have not been promul20 gated as final regulations on or before January 1, 

21 2012), in combination with covered actions. 

22 (3) The incremental impact of each covered rule 

23 not promulgated as a final regulation on or before 

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1 resenting the results of the analysis conducted under 

2 paragraph (1). 

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

4 analysis conducted under this section the following: 

5 (1) Estimates of the impacts of the covered rules 

6 and covered actions with regard to— 

7 (A) the global economic competitiveness of 

8 the United States, particularly with respect to 

9 energy intensive and trade sensitive industries; 

10 (B) other cumulative costs and cumulative 

11 benefits, including evaluation through a general 

12 equilibrium model approach; 

13 (C) any resulting change in national, State, 

14 and regional electricity prices; 

15 (D) any resulting change in national, State, 

16 and regional fuel prices; 

17 (E) the impact on national, State, and re18 gional employment during the 5-year period be19 ginning on the date of enactment of this Act, and 

20 also in the long term, including secondary im21 pacts associated with increased energy prices 

22 and facility closures; and 

23 (F) the reliability and adequacy of bulk 

24 power supply in the United States. 

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1 (2) Discussion of key uncertainties and assump2 tions associated with each estimate. 

3 (3) A sensitivity analysis. 

4 (4) Discussion, and where feasible an assessment, 

5 of the cumulative impact of the covered rules and cov6 ered actions on— 

7 (A) consumers; 

8 (B) small businesses; 

9 (C) regional economies; 

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

11 (E) local and industry-specific labor mar12 kets; and 

13 (F) agriculture, 

14 as well as key uncertainties associated with each 

15 topic. 

16 (c) METHODS.—In conducting analyses under this sec17 tion, the Committee shall use the best available methods, 

18 consistent with guidance from the Office of Information and 

19 Regulatory Affairs and the Office of Management and 

20 Budget Circular A–4. 

21 (d) DATA.—In conducting analyses under this section, 

22 the Committee— 

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

24 the public or supplied to the Committee by its mem25 bers, including the most recent such data appropriate 

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1 for this analysis representing air quality, facility 

2 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) ‘‘Federal Implementation Plans To Re10 duce Interstate Transport of Fine Particulate 

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

12 45210 (August 2, 2010). 

13 (B) ‘‘National Ambient Air Quality Stand14 ards for Ozone’’, published at 75 Fed. Reg. 2938 

15 (January 19, 2010). 

16 (C) ‘‘National Emission Standards for Haz17 ardous Air Pollutants for Major Sources: Indus18 trial, Commercial, and Institutional Boilers and 

19 Process Heaters’’, published at 76 Fed. Reg. 

20 15608 (March 21, 2011). 

21 (D) ‘‘National Emission Standards for 

22 Hazardous Air Pollutants for Area Sources: In23 dustrial, Commercial, and Institutional Boilers’’, 

24 published at 76 Fed. Reg. 15554 (March 21, 

25 2011). 

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1 (E) ‘‘National Emission Standards for 

2 Hazardous Air Pollutants from Coal- and Oil3 fired Electric Utility Steam Generating Units 

4 and Standards of Performance for Fossil-Fuel5 Fired Electric Utility, Industrial-Commercial6 Institutional, and Small Industrial-Commercial7 Institutional Steam Generating Units’’, signed 

8 by Administrator Lisa P. Jackson on March 16, 

9 2011. 

10 (F) ‘‘Hazardous and Solid Waste Manage11 ment System; Identification and Listing of Spe12 cial Wastes; Disposal of Coal Combustion Re13 siduals From Electric Utilities’’, published at 75 

14 Fed. Reg. 35127 (June 21, 2010). 

15 (G) ‘‘Primary National Ambient Air Qual16 ity Standard for Sulfur Dioxide’’, published at 

17 75 Fed. Reg. 35520 (June 22, 2010). 

18 (H) ‘‘Primary National Ambient Air Qual19 ity Standards for Nitrogen Dioxide’’, published 

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

21 (2) The following additional rules or guidelines 

22 promulgated on or after January 1, 2009: 

23 (A) Any rule or guideline promulgated 

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

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1 Act (42 U.S.C. 7411(b), 7411(d)) to address cli2 mate change. 

3 (B) Any rule or guideline promulgated by 

4 the Administrator of the Environmental Protec5 tion Agency, a State, a local government, or a 

6 permitting agency under or as the result of sec7 tion 169A or 169B of the Clean Air Act (42 

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

9 (C) Any rule establishing or modifying a 

10 national ambient air quality standard under 

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

12 7409). 

13 (f) COVERED ACTIONS.—In this section, the term ‘‘cov14 ered action’’ means any action on or after January 1, 2009, 

15 by the Administrator of the Environmental Protection 

16 Agency, a State, a local government, or a permitting agency 

17 as a result of the application of part C of title I (relating 

18 to prevention of significant deterioration of air quality) or 

19 title V (relating to permitting) of the Clean Air Act (42 

20 U.S.C. 7401 et seq.), if such application occurs with respect 

21 to an air pollutant that is identified as a greenhouse gas 

22 in ‘‘Endangerment and Cause or Contribute Findings for 

23 Greenhouse Gases Under Section 202(a) of the Clean Air 

24 Act’’, published at 74 Fed. Reg. 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 to 

4 the Committee on Energy and Commerce of the House of 

5 Representatives and the Committee on Environment and 

6 Public Works of the Senate a preliminary report containing 

7 the results of the analyses conducted under section 3. 

8 (b) PUBLIC COMMENT PERIOD.—The Committee shall 

9 accept public comments regarding the preliminary report 

10 submitted under subsection (a) for a period of 90 days after 

11 such submission. 

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

13 the Committee shall submit to Congress a final report con14 taining the analyses conducted under section 3, including 

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

16 comments, and a response to such comments. 

17 SEC. 5. REGULATORY DEFERRAL OF CERTAIN RULES. 

18 (a) NO FINAL ACTION.—The Administrator of the En19 vironmental Protection Agency shall not take final action 

20 with respect to the rule listed in subparagraph (E) of sec21 tion 3(e)(1) (relating to national emission standards and 

22 standards of performance for certain electric generating 

23 units) until a date (to be determined by the Administrator) 

24 that is at least 6 months after the day on which the Com25 mittee submits the final report under section 4(c). 

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1 (b) RULES FINALIZED PRIOR TO ENACTMENT.—Not2 withstanding the final action taken with respect to the rule 

3 listed in subparagraph (A) of section 3(e)(1) (relating to 

4 Federal implementation plans to reduce interstate trans5 port of fine particulate matter and ozone) and final action 

6 (if any) taken with respect to the rule listed in subpara7 graph (E) of section 3(e)(1) prior to the date of the enact8 ment of this Act— 

9 (1) such final action shall not be or become, as 

10 applicable, effective until a date (to be determined by 

11 the Administrator) that is at least 6 months after the 

12 day on which the Committee submits the final report 

13 under section 4(c); and 

14 (2) the date for compliance with any standard or 

15 requirement in either such finalized rule, and any 

16 date for further regulatory action triggered by either 

17 such finalized rule, shall be delayed by a period equal 

18 to the period— 

19 (A) beginning on the date of the publication 

20 of the final action for the respective finalized 

21 rule; and 

22 (B) ending on the date on which such final 

23 action becomes effective pursuant to paragraph 

24 (1). 

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1 (c) APPLICABILITY OF CLEAN AIR INTERSTATE RULE

2 DURING INTERIM PERIOD.—Notwithstanding any other 

3 provision of law, the Administrator of the Environmental 

4 Protection Agency shall continue to implement the Clean 

5 Air Interstate Rule and the rule establishing Federal Imple6 mentation Plans for the Clean Air Interstate Rule as pro7 mulgated and modified by the Administrator of the Envi8 ronmental Protection Agency (70 Fed. Reg. 25162 (May 12, 

9 2005), 71 Fed. Reg. 25288 (April 28, 2006), 71 Fed. Reg. 

10 25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 19, 2007), 

11 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 

12 (Nov. 3, 2009)) until the date on which final action with 

13 respect to the rule listed in subparagraph (A) of section 

14 3(e)(1) becomes effective pursuant to subsection (b)(1). 

15 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AUTHORIZATION.—There are authorized to be ap17 propriated to carry out this Act for fiscal year 2012— 

18 (1) $3,000,000 to the Department of Commerce, 

19 of which not more than $2,000,000 shall be for car20 rying out section 3; and 

21 (2) $500,000 to the Environmental Protection 

22 Agency. 

23 (b) OFFSET.—Effective October 1, 2011, section 797(a) 

24 of the Energy Policy Act of 2005, as amended by section 

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1 2(e) of the Diesel Reduction Act of 2010 (Public Law 111– 

2 364), is amended— 

3 (1) by striking ‘‘2012’’ and inserting ‘‘2013’’; 

4 and 

5 (2) by inserting ‘‘$46,000,000 for fiscal year 

6 2012 and’’ after ‘‘to carry out this subtitle’’. 

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Union Calendar No. 136 

112TH CONGRESS 

1ST SESSION H. R. 2401 

[Report No. 112–208] 

A BILL 

To require analyses of the cumulative and increother purposes. the Environmental Protection Agency, and for mental impacts of certain rules and actions of 

SEPTEMBER 15, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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