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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2401 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency in Regulatory Analysis 
of Impacts on the Nation Act of 2011''.

SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT 
              IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES.

    (a) Establishment.--The President shall establish a committee to be 
known as the Committee for the Cumulative Analysis of Regulations that 
Impact Energy and Manufacturing in the United States (in this Act 
referred to as the ``Committee'') to analyze and report on the 
cumulative and incremental impacts of certain rules and actions of the 
Environmental Protection Agency, in accordance with sections 3 and 4.
    (b) Members.--The Committee shall be composed of the following 
officials (or their designees):
            (1) The Secretary of Agriculture, acting through the Chief 
        Economist.
            (2) The Secretary of Commerce, acting through the Chief 
        Economist and the Under Secretary for International Trade.
            (3) The Secretary of Labor, acting through the Commissioner 
        of the Bureau of Labor Statistics.
            (4) The Secretary of Energy, acting through the 
        Administrator of the Energy Information Administration.
            (5) The Secretary of the Treasury, acting through the 
        Deputy Assistant Secretary for Environment and Energy of the 
        Department of the Treasury.
            (6) The Administrator of the Environmental Protection 
        Agency.
            (7) The Chairman of the Council of Economic Advisors.
            (8) The Chairman of the Federal Energy Regulatory 
        Commission.
            (9) The Administrator of the Office of Information and 
        Regulatory Affairs.
            (10) The Chief Counsel for Advocacy of the Small Business 
        Administration.
            (11) The Chairman of the United States International Trade 
        Commission, acting through the Office of Economics.
    (c) Chair.--The Secretary of Commerce shall serve as Chair of the 
Committee. In carrying out the functions of the Chair, the Secretary of 
Commerce shall consult with the members serving on the Committee 
pursuant to paragraphs (5) and (11) of subsection (b).
    (d) Consultation.--In conducting analyses under section 3 and 
preparing reports under section 4, the Committee shall consult with, 
and consider pertinent reports issued by, the Electric Reliability 
Organization certified under section 215(c) of the Federal Power Act 
(16 U.S.C. 824o(c)).
    (e) Termination.--The Committee shall terminate 60 days after 
submitting its final report pursuant to section 4(c).

SEC. 3. ANALYSES.

    (a) Scope.--The Committee shall conduct analyses, for each of the 
calendar years 2016, 2020, and 2030, of the following:
            (1) The cumulative impact of covered rules that are 
        promulgated as final regulations on or before January 1, 2012, 
        in combination with covered actions.
            (2) The cumulative impact of all covered rules (including 
        covered rules that have not been promulgated as final 
        regulations on or before January 1, 2012), in combination with 
        covered actions.
            (3) The incremental impact of each covered rule not 
        promulgated as a final regulation on or before January 1, 2012, 
        relative to an analytic baseline representing the results of 
        the analysis conducted under paragraph (1).
    (b) Contents.--The Committee shall include in each analysis 
conducted under this section the following:
            (1) Estimates of the impacts of the covered rules and 
        covered actions with regard to--
                    (A) the global economic competitiveness of the 
                United States, particularly with respect to energy 
                intensive and trade sensitive industries;
                    (B) other cumulative costs and cumulative benefits, 
                including evaluation through a general equilibrium 
                model approach;
                    (C) any resulting change in national, State, and 
                regional electricity prices;
                    (D) any resulting change in national, State, and 
                regional fuel prices;
                    (E) the impact on national, State, and regional 
                employment during the 5-year period beginning on the 
                date of enactment of this Act, and also in the long 
                term, including secondary impacts associated with 
                increased energy prices and facility closures; and
                    (F) the reliability and adequacy of bulk power 
                supply in the United States.
            (2) Discussion of key uncertainties and assumptions 
        associated with each estimate.
            (3) A sensitivity analysis.
            (4) Discussion, and where feasible an assessment, of the 
        cumulative impact of the covered rules and covered actions on--
                    (A) consumers;
                    (B) small businesses;
                    (C) regional economies;
                    (D) State, local, and tribal governments;
                    (E) local and industry-specific labor markets; and
                    (F) agriculture,
        as well as key uncertainties associated with each topic.
    (c) Methods.--In conducting analyses under this section, the 
Committee shall use the best available methods, consistent with 
guidance from the Office of Information and Regulatory Affairs and the 
Office of Management and Budget Circular A-4.
    (d) Data.--In conducting analyses under this section, the 
Committee--
            (1) shall use the best data that are available to the 
        public or supplied to the Committee by its members, including 
        the most recent such data appropriate for this analysis 
        representing air quality, facility emissions, and installed 
        controls; and
            (2) is not required to create data or to use data that are 
        not readily accessible.
    (e) Covered Rules.--In this section, the term ``covered rule'' 
means the following:
            (1) The following published rules (including any successor 
        or substantially similar rule):
                    (A) ``Federal Implementation Plans To Reduce 
                Interstate Transport of Fine Particulate Matter and 
                Ozone'', published at 75 Fed. Reg. 45210 (August 2, 
                2010).
                    (B) ``National Ambient Air Quality Standards for 
                Ozone'', published at 75 Fed. Reg. 2938 (January 19, 
                2010).
                    (C) ``National Emission Standards for Hazardous Air 
                Pollutants for Major Sources: Industrial, Commercial, 
                and Institutional Boilers and Process Heaters'', 
                published at 76 Fed. Reg. 15608 (March 21, 2011).
                    (D) ``National Emission Standards for Hazardous Air 
                Pollutants for Area Sources: Industrial, Commercial, 
                and Institutional Boilers'', published at 76 Fed. Reg. 
                15554 (March 21, 2011).
                    (E) ``National Emission Standards for Hazardous Air 
                Pollutants from Coal- and Oil-fired Electric Utility 
                Steam Generating Units and Standards of Performance for 
                Fossil-Fuel-Fired Electric Utility, Industrial-
                Commercial-Institutional, and Small Industrial-
                Commercial-Institutional Steam Generating Units'', 
                signed by Administrator Lisa P. Jackson on March 16, 
                2011.
                    (F) ``Hazardous and Solid Waste Management System; 
                Identification and Listing of Special Wastes; Disposal 
                of Coal Combustion Residuals From Electric Utilities'', 
                published at 75 Fed. Reg. 35127 (June 21, 2010).
                    (G) ``Primary National Ambient Air Quality Standard 
                for Sulfur Dioxide'', published at 75 Fed. Reg. 35520 
                (June 22, 2010).
                    (H) ``Primary National Ambient Air Quality 
                Standards for Nitrogen Dioxide'', published at 75 Fed. 
                Reg. 6474 (February 9, 2010).
            (2) The following additional rules or guidelines 
        promulgated on or after January 1, 2009:
                    (A) Any rule or guideline promulgated under section 
                111(b) or 111(d) of the Clean Air Act (42 U.S.C. 
                7411(b), 7411(d)) to address climate change.
                    (B) Any rule or guideline promulgated by the 
                Administrator of the Environmental Protection Agency, a 
                State, a local government, or a permitting agency under 
                or as the result of section 169A or 169B of the Clean 
                Air Act (42 U.S.C. 7491, 7492).
                    (C) Any rule establishing or modifying a national 
                ambient air quality standard under section 109 of the 
                Clean Air Act (42 U.S.C. 7409).
    (f) Covered Actions.--In this section, the term ``covered action'' 
means any action on or after January 1, 2009, by the Administrator of 
the Environmental Protection Agency, a State, a local government, or a 
permitting agency as a result of the application of part C of title I 
(relating to prevention of significant deterioration of air quality) or 
title V (relating to permitting) of the Clean Air Act (42 U.S.C. 7401 
et seq.), if such application occurs with respect to an air pollutant 
that is identified as a greenhouse gas in ``Endangerment and Cause or 
Contribute Findings for Greenhouse Gases Under Section 202(a) of the 
Clean Air Act'', published at 74 Fed. Reg. 66496 (December 15, 2009).

SEC. 4. REPORTS; PUBLIC COMMENT.

    (a) Preliminary Report.--Not later than January 31, 2012, the 
Committee shall make public and submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a preliminary report 
containing the results of the analyses conducted under section 3.
    (b) Public Comment Period.--The Committee shall accept public 
comments regarding the preliminary report submitted under subsection 
(a) for a period of 90 days after such submission.
    (c) Final Report.--Not later than August 1, 2012, the Committee 
shall submit to Congress a final report containing the analyses 
conducted under section 3, including any revisions to such analyses 
made as a result of public comments, and a response to such comments.

SEC. 5. REGULATORY DEFERRAL OF CERTAIN RULES.

    (a) No Final Action.--The Administrator of the Environmental 
Protection Agency shall not take final action with respect to the rule 
listed in subparagraph (E) of section 3(e)(1) (relating to national 
emission standards and standards of performance for certain electric 
generating units) until a date (to be determined by the Administrator) 
that is at least 6 months after the day on which the Committee submits 
the final report under section 4(c).
    (b) Rules Finalized Prior to Enactment.--Notwithstanding the final 
action taken with respect to the rule listed in subparagraph (A) of 
section 3(e)(1) (relating to Federal implementation plans to reduce 
interstate transport of fine particulate matter and ozone) and final 
action (if any) taken with respect to the rule listed in subparagraph 
(E) of section 3(e)(1) prior to the date of the enactment of this Act--
            (1) such final action shall not be or become, as 
        applicable, effective until a date (to be determined by the 
        Administrator) that is at least 6 months after the day on which 
        the Committee submits the final report under section 4(c); and
            (2) the date for compliance with any standard or 
        requirement in either such finalized rule, and any date for 
        further regulatory action triggered by either such finalized 
        rule, shall be delayed by a period equal to the period--
                    (A) beginning on the date of the publication of the 
                final action for the respective finalized rule; and
                    (B) ending on the date on which such final action 
                becomes effective pursuant to paragraph (1).
    (c) Applicability of Clean Air Interstate Rule During Interim 
Period.--Notwithstanding any other provision of law, the Administrator 
of the Environmental Protection Agency shall continue to implement the 
Clean Air Interstate Rule and the rule establishing Federal 
Implementation Plans for the Clean Air Interstate Rule as promulgated 
and modified by the Administrator of the Environmental Protection 
Agency (70 Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 
28, 2006), 71 Fed. Reg. 25328 (April 28, 2006), 72 Fed. Reg. 59190 
(Oct. 19, 2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 
(Nov. 3, 2009)) until the date on which final action with respect to 
the rule listed in subparagraph (A) of section 3(e)(1) becomes 
effective pursuant to subsection (b)(1).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to 
carry out this Act for fiscal year 2012--
            (1) $3,000,000 to the Department of Commerce, of which not 
        more than $2,000,000 shall be for carrying out section 3; and
            (2) $500,000 to the Environmental Protection Agency.
    (b) Offset.--Effective October 1, 2011, section 797(a) of the 
Energy Policy Act of 2005, as amended by section 2(e) of the Diesel 
Reduction Act of 2010 (Public Law 111-364), is amended--
            (1) by striking ``2012'' and inserting ``2013''; and
            (2) by inserting ``$46,000,000 for fiscal year 2012 and'' 
        after ``to carry out this subtitle''.
                                                 Union Calendar No. 136

112th CONGRESS

  1st Session

                               H. R. 2401

                          [Report No. 112-208]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           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
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