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 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency in Regu-
latory 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 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. 
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(5) The Secretary of the Treasury, acting 
through the Deputy Assistant Secretary for Environ-
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 
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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 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) low-income communities; 
(F) public health; 
(G) local and industry-specific labor mar-
kets; and 
(H) 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 are available to 
the public or supplied to the Committee by its mem-
bers, including the most recent such data appro-
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priate for this analysis representing air quality, facil-
ity 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 ‘‘cov-
ered rule’’ means the following: 
(1) The following published rules (including any 
successor or substantially similar rule): 
(A) The Clean Air Interstate Rule (as de-
fined in section 5(a)(4)). 
(B) ‘‘National Ambient Air Quality Stand-
ards for Ozone’’, published at 73 Fed. Reg. 
16436 (March 27, 2008). 
(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). 
(I) ‘‘National Emission Standards for Haz-
ardous Air Pollutants from the Portland Ce-
ment Manufacturing Industry and Standards of 
Performance for Portland Cement Plants’’, 
published at 75 Fed. Reg. 54970 (September 9, 
2010). 
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(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 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). 
(D) Any rule addressing fuels under title 
II of the Clean Air Act (42 U.S.C. 7521 et 
seq.) as described in the Unified Agenda of 
Federal Regulatory and Deregulatory Actions 
under Regulatory Identification Number 2060- 
AQ86, or any substantially similar rule, includ-
ing any rule under section 211(v) of the Clean 
Air Act (42 U.S.C. 7545(v)). 
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(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). 
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 120 
days after such submission. 
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(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. ADDITIONAL PROVISIONS RELATING TO CERTAIN 
RULES. 
(a) CROSS-STATE AIR POLLUTION RULE/TRANSPORT 
RULE.— 
(1) EARLIER RULES.—The rule entitled ‘‘Fed-
eral Implementation Plans: Interstate Transport of 
Fine Particulate Matter and Ozone and Correction 
of SIP Approvals’’, published at 76 Fed. Reg. 48208 
(August 8, 2011), and any successor or substantially 
similar rule, shall be of no force or effect, and shall 
be treated as though such rule had never taken ef-
fect. 
(2) CONTINUED APPLICABILITY OF CLEAN AIR 
INTERSTATE RULE.—In place of any rule described 
in paragraph (1), the Administrator of the Environ-
mental Protection Agency (in this section referred to 
as the ‘‘Administrator’’) shall continue to implement 
the Clean Air Interstate Rule. 
(3) ADDITIONAL RULEMAKINGS.— 
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(A) ISSUANCE OF NEW RULES.—The Ad-
ministrator— 
(i) shall not issue any proposed or 
final rule under section 110(a)(2)(D)(i)(I) 
or section 126 of the Clean Air Act (42 
U.S.C. 7410(a)(2)(D)(i)(I), 7426) relating 
to national ambient air quality standards 
for ozone or particulate matter (including 
any modification of the Clean Air Inter-
state Rule) before the date that is 3 years 
after the date on which the Committee 
submits the final report under section 4(c); 
and 
(ii) in issuing any rule described in 
clause (i), shall base the rule on actual 
monitored (and not modeled) data and 
shall, 
notwithstanding 
section 
110(a)(2)(D)(i)(I), allow the trading of 
emissions allowances among entities cov-
ered by the rule irrespective of the States 
in which such entities are located. 
(B) 
IMPLEMENTATION
SCHEDULE.—In 
promulgating any final rule described in sub-
paragraph (A)(i), the Administrator shall estab-
lish a date for State implementation of the 
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standards established by such final rule that is 
not earlier than 3 years after the date of publi-
cation of such final rule. 
(4) DEFINITION
OF
CLEAN
AIR
INTERSTATE 
RULE.—For purposes of this section, the term 
‘‘Clean Air Interstate Rule’’ means the Clean Air 
Interstate Rule and the rule establishing Federal 
Implementation Plans for the Clean Air Interstate 
Rule as promulgated and modified by the Adminis-
trator (70 Fed. Reg. 25162 (May 12, 2005), 71 
Fed. Reg. 25288 (April 28, 2006), 72 Fed. Reg. 
55657 (October 1, 2007), 72 Fed. Reg. 59190 (Oc-
tober 19, 2007), 72 Fed. Reg. 62338 (November 2, 
2007), 74 Fed. Reg. 56721 (November 3, 2009)). 
(b) STEAM GENERATING UNIT RULES.— 
(1) EARLIER RULES.—The proposed rule enti-
tled ‘‘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 In-
dustrial-Commercial-Institutional Steam Generating 
Units’’ published at 76 Fed. Reg. 24976 (May 3, 
2011), and any final rule that is based on such pro-
posed rule and is issued prior to the date of the en-
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actment of this Act, shall be of no force and effect, 
and shall be treated as though such proposed or 
final rule had never been issued. In conducting anal-
yses under section 3(a), the Committee shall analyze 
the rule described in section 3(e)(1)(E) (including 
any successor or substantially similar rule) as if the 
preceding sentence did not apply to such rule. 
(2) PROMULGATION
OF
FINAL
RULES.—In 
place of the rules described in paragraph (1), the 
Administrator shall— 
(A) issue regulations establishing national 
emission standards for coal-and oil-fired electric 
utility steam generating units under section 112 
of the Clean Air Act (42 U.S.C. 7412) with re-
spect to each hazardous air pollutant for which 
the Administrator finds such regulations are 
appropriate and necessary pursuant to sub-
section (n)(1)(A) of such section; 
(B) issue regulations establishing stand-
ards of performance for fossil-fuel-fired electric 
utility, industrial-commercial-institutional, and 
small industrial-commercial-institutional steam 
generating units under section 111 of the Clean 
Air Act (42 U.S.C. 111); and 
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(C) issue the final regulations required by 
subparagraphs (A) and (B)— 
(i) after issuing proposed regulations 
under such subparagraphs; 
(ii) after consideration of the final re-
port submitted under section 4(c); and 
(iii) not earlier than the date that is 
12 months after the date on which the 
Committee submits such report to the Con-
gress, or such later date as may be deter-
mined by the Administrator. 
(3) COMPLIANCE PROVISIONS.— 
(A) 
ESTABLISHMENT
OF
COMPLIANCE 
DATES.—In promulgating the regulations under 
paragraph (2), the Administrator— 
(i) shall establish a date for compli-
ance with the standards and requirements 
under such regulations that is not earlier 
than 5 years after the effective date of the 
regulations; and 
(ii) in establishing a date for such 
compliance, shall take into consideration— 
(I) the costs of achieving emis-
sions reductions; 
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(II) any non-air quality health 
and environmental impact and energy 
requirements of the standards and re-
quirements; 
(III) the feasibility of imple-
menting the standards and require-
ments, including the time needed to— 
(aa) obtain necessary permit 
approvals; and 
(bb) procure, install, and 
test control equipment; 
(IV) the availability of equip-
ment, suppliers, and labor, given the 
requirements of the regulations and 
other proposed or finalized regula-
tions; and 
(V) potential net employment im-
pacts. 
(B) NEW SOURCES.—With respect to the 
regulations promulgated pursuant to paragraph 
(2)— 
(i) the date on which the Adminis-
trator proposes a regulation pursuant to 
paragraph (2)(A) establishing an emission 
standard under section 112 of the Clean 
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Air Act (42 U.S.C. 7412) shall be treated 
as the date on which the Administrator 
first proposes such a regulation for pur-
poses of applying the definition of a new 
source under section 112(a)(4) of such Act 
(42 U.S.C. 7412(a)(4)); 
(ii) the date on which the Adminis-
trator proposes a regulation pursuant to 
paragraph (2)(B) establishing a standard 
of performance under section 111 of the 
Clean Air Act (42 U.S.C. 7411) shall be 
treated as the date on which the Adminis-
trator proposes such a regulation for pur-
poses of applying the definition of a new 
source under section 111(a)(2) of such Act 
(42 U.S.C. 7411(a)(2)); 
(iii) for purposes of any emission 
standard or limitation applicable to electric 
utility steam generating units, the term 
‘‘new source’’ means a stationary source 
for which a preconstruction permit or 
other preconstruction approval required 
under the Clean Air Act (42 U.S.C. 7401 
et seq.) has been issued after the effective 
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date of such emissions standard or limita-
tion; and 
(iv) for purposes of clause (iii), the 
date of issuance of a preconstruction per-
mit or other preconstruction approval is 
deemed to be the date on which such per-
mit or approval is issued to the applicant 
irrespective of any administrative or judi-
cial review occurring after such date. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this subsection shall be construed to restrict or 
otherwise affect the provisions of paragraphs 
(3)(B) and (4) of section 112(i) of the Clean 
Air Act (42 U.S.C. 7412(i)). 
(4) OTHER PROVISIONS.— 
(A) 
ESTABLISHMENT
OF
STANDARDS 
ACHIEVABLE
IN
PRACTICE.—The regulations 
promulgated pursuant to paragraph (2)(A) of 
this section shall apply section 112(d)(3) of the 
Clean Air Act (42 U.S.C. 7412(d)(3)) in ac-
cordance with the following: 
(i) NEW SOURCES.—With respect to 
new sources: 
(I) The Administrator shall iden-
tify the best controlled similar source 
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for each source category or sub-
category. 
(II) The best controlled similar 
source for a category or subcategory 
shall be the single source that is de-
termined by the Administrator to be 
the best controlled, in the aggregate, 
for all of the hazardous air pollutants 
for which the Administrator intends 
to issue standards for such source cat-
egory or subcategory, under actual op-
erating conditions, taking into account 
the variability in actual source per-
formance, source design, fuels, con-
trols, ability to measure pollutant 
emissions, and operating conditions. 
(ii) EXISTING
SOURCES.—With re-
spect to existing sources: 
(I) The Administrator shall iden-
tify one group of sources that con-
stitutes the best performing 12 per-
cent of existing sources for each 
source category or subcategory. 
(II) The group constituting the 
best performing 12 percent of existing 
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sources for a category or subcategory 
shall be the single group that is deter-
mined by the Administrator to be the 
best performing, in the aggregate, for 
all of the hazardous air pollutants for 
which the Administrator intends to 
issue standards for such source cat-
egory or subcategory, under actual op-
erating conditions, taking into account 
the variability in actual source per-
formance, source design, fuels, con-
trols, ability to measure pollutant 
emissions, and operating conditions. 
(B) REGULATORY
ALTERNATIVES.—For 
the regulations promulgated pursuant to para-
graph (2) of this section, from among the range 
of regulatory alternatives authorized under the 
Clean Air Act (42 U.S.C. 7401 et seq.), includ-
ing work practice standards under section 
112(h) of such Act (42 U.S.C. 7412(h)), the 
Administrator shall impose the least burden-
some, consistent with the purposes of such Act 
and Executive Order No. 13563 published at 76 
Fed. Reg. 3821 (January 21, 2011). 
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SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN ES-
TABLISHING NATIONAL AMBIENT AIR QUAL-
ITY STANDARDS. 
In establishing any national primary or secondary 
ambient air quality standard under section 109 of the 
Clean Air Act (42 U.S.C. 7409), the Administrator of the 
Environmental Protection Agency shall take into consider-
ation feasibility and cost. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out this Act— 
(1) for fiscal year 2012, $3,000,000 to the De-
partment of Commerce, of which not more than 
$2,000,000 shall be for carrying out section 3; and 
(2) to the Environmental Protection Agency— 
(A) for fiscal year 2012, $1,000,000; and 
(B) for fiscal year 2013, $500,000. 
(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 ‘‘2014’’; 
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(2) by inserting ‘‘$45,500,000 for fiscal year 
2012, $49,500,000 for fiscal year 2013, and’’ after 
‘‘to carry out this subtitle’’. 
Passed the House of Representatives September 23, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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