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 Illi-
nois, Mr. ROKITA, Mr. COSTA, Mr. HOLDEN, and Mr. ROGERS of Ken-
tucky) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To require analyses of the cumulative and incremental im-
pacts of certain rules and actions of the Environmental 
Protection Agency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency in Regu-
latory Analysis of Impacts on the Nation Act of 2011’’. 
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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 Cumu-
lative 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 cu-
mulative and incremental impacts of certain rules and ac-
tions of the Environmental Protection Agency, in accord-
ance 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 Ad-
ministration. 
(5) The Secretary of the Treasury, acting 
through the Deputy Assistant Secretary for Environ-
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ment and Energy of the Department of the Treas-
ury. 
(6) The Administrator of the Environmental 
Protection Agency. 
(7) The Chairman of the Council of Economic 
Advisors. 
(8) The Chairman of the Federal Energy Regu-
latory Commission. 
(9) The Administrator of the Office of Informa-
tion and Regulatory Affairs. 
(10) The Chief Counsel for Advocacy of the 
Small Business Administration. 
(11) The Chairman of the United States Inter-
national Trade Commission, acting through the Of-
fice 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 para-
graphs (5) and (11) of subsection (b). 
(d) CONSULTATION.—In conducting analyses under 
section 3 and preparing reports under section 4, the Com-
mittee shall consult with, and consider pertinent reports 
issued by, the Electric Reliability Organization certified 
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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 sec-
tion 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 ac-
tions. 
(2) The cumulative impact of all covered rules 
(including covered rules that have not been promul-
gated 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: 
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(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 re-
gional employment during the 5-year period be-
ginning 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 assump-
tions associated with each estimate. 
(3) A sensitivity analysis. 
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(4) Discussion, and where feasible an assess-
ment, 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 mar-
kets; 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 meth-
ods, consistent with guidance from the Office of Informa-
tion and Regulatory Affairs and the Office of Management 
and Budget Circular A–4. 
(d) DATA.—In conducting analyses under this sec-
tion, the Committee— 
(1) shall use the best data that is available to 
the public or supplied to the Committee by its mem-
bers, including the most recent such data appro-
priate for this analysis representing air quality, facil-
ity emissions, and installed controls; and 
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(2) is not required to create data or to use data 
that is not readily accessible. 
(e) COVERED RULES.—In this section, the term ‘‘cov-
ered rule’’ means the following: 
(1) The following published rules (including any 
successor or substantially similar rule): 
(A) ‘‘Federal Implementation Plans To Re-
duce Interstate Transport of Fine Particulate 
Matter and Ozone’’, published at 75 Fed. Reg. 
45210 (August 2, 2010). 
(B) ‘‘National Ambient Air Quality Stand-
ards 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 Boil-
ers and Process Heaters’’, published at 76 Fed. 
Reg. 15608 (March 21, 2011). 
(D) ‘‘National Emission Standards for 
Hazardous Air Pollutants for Area Sources: In-
dustrial, Commercial, and Institutional Boil-
ers’’, published at 76 Fed. Reg. 15554 (March 
21, 2011). 
(E) ‘‘National Emission Standards for 
Hazardous Air Pollutants from Coal- and Oil- 
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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 Manage-
ment System; Identification and Listing of Spe-
cial Wastes; Disposal of Coal Combustion Re-
siduals From Electric Utilities’’, published at 
75 Fed. Reg. 35127 (June 21, 2010). 
(G) ‘‘Primary National Ambient Air Qual-
ity Standard for Sulfur Dioxide’’, published at 
75 Fed. Reg. 35520 (June 22, 2010). 
(H) ‘‘Primary National Ambient Air Qual-
ity 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. 
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(B) Any rule or guideline promulgated by 
the Administrator of the Environmental Protec-
tion Agency, a State, a local government, or a 
permitting agency under or as the result of sec-
tion 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 Pro-
tection Agency, a State, a local government, or a permit-
ting 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 oc-
curs with respect to an air pollutant that is identified as 
a greenhouse gas in ‘‘Endangerment and Cause or Con-
tribute Findings for Greenhouse Gases Under Section 
202(a) of the Clean Air Act’’, published at 74 Fed. Reg. 
66496 (December 15, 2009). 
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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 con-
taining the results of the analyses conducted under section 
3. 
(b) PUBLIC COMMENT PERIOD.—The Committee 
shall accept public comments regarding the preliminary re-
port 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 con-
taining 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. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out this Act for fiscal year 2012— 
(1) $3,000,000 to the Department of Com-
merce, of which not more than $2,000,000 shall be 
for carrying out section 3; and 
(2) $500,000 to the Environmental Protection 
Agency. 
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(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 Emissions Reduction Act of 
2010 (Public Law 111–364), is amended to read as fol-
lows: 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this subtitle $46,000,000 for fiscal 
year 2012 and $50,000,000 for each of fiscal years 2013 
through 2016, to remain available until expended.’’. 
Æ 
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