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(b) SIGNIFICANT RULES.—For purposes of
this Act, a significant rule is a rule that the
Administrator determines—
(1) has resulted in or is likely to re-
sult in an annual effect on the economy
of $100,000,000 or more;
(2) is a major rule, as that term is de-
fined in Executive Order 12291 (as in ef-
fect on the first date that Executive order
was in effect); or
(3) was issued pursuant to a signifi-
cant regulatory action, as that term is de-
fined in Executive Order 12866 (as in ef-
fect on the first date that Executive order
was in effect).
(c) PUBLIC PETITIONS.—
(1) 
IN
GENERAL.—Any 
person 
ad-
versely affected by a rule that is not a
significant rule may submit a petition to
the agency which has jurisdiction over
the rule requesting that such agency des-
ignate the rule for sunset review. Such
agency shall designate the rule for sunset
review unless such agency determines
that it would not be in the public interest
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to conduct a sunset review of the rule. In
making such determination, such agency
shall take into account the number and
nature of other petitions received on the
same rule, whether or not they have al-
ready been denied.
(2) FORM AND CONTENT OF PETITION.—A
petition under paragraph (1)—
(A) shall be in writing, but is not
otherwise required to be in any par-
ticular form;
(B) shall identify the rule for
which sunset review is requested
with reasonable specificity and state
on its face that the petitioner seeks
sunset review of the rule; and
(C) shall be accompanied by a $20
processing fee.
(3) 
RESPONSE
REQUIRED
FOR
NON-
COMPLYING PETITIONS.—If such agency de-
termines that a petition does not meet
the requirements of this subsection, such
agency shall provide a response to the
petitioner within 30 days after receiving
the petition, notifying the petitioner of
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the problem and providing information
on how to formulate a petition that meets
those requirements.
(4) DECISION WITHIN 90 DAYS.—Within
the 90-day period beginning on the date
of receiving a petition that meets the re-
quirements of this subsection, such agen-
cy shall transmit a response to the peti-
tioner stating whether the petition was
granted or denied, except that such agen-
cy may extend such period by a total of
not more than 30 days.
(5) PETITIONS
DEEMED
GRANTED
FOR
SUBSTANTIAL INEXCUSABLE DELAY.—A peti-
tion for sunset review of a rule is deemed
to have been granted by such agency, and
such agency is deemed to have des-
ignated the rule for sunset review, if a
court finds there is a substantial and in-
excusable delay, beyond the period speci-
fied in paragraph (4), in notifying the pe-
titioner of such agency’s determination to
grant or deny the petition.
(6) PUBLIC
LOG.—Such agency shall
maintain a public log of petitions submit-
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ted under this subsection, that includes
the status or disposition of each petition.
(d) CONGRESSIONAL REQUESTS.—
(1) IN GENERAL.—An appropriate com-
mittee of the Congress, or a majority of
the majority party members or a majority
of nonmajority party members of such a
committee, may request in writing that
the Administrator designate any rule that
is not a significant rule for sunset review.
The Administrator shall designate such
rule for sunset review within 30 days
after receipt of such a request unless the
Administrator determines that it would
not be in the public interest to conduct a
sunset review of such rule.
(2) NOTICE OF DENIAL.—If the Adminis-
trator denies a congressional request
under this subsection, the Administrator
shall transmit to the congressional com-
mittee making the request a notice stat-
ing the reasons for the denial.
(e) PUBLICATION OF NOTICE OF DESIGNATION
FOR SUNSET REVIEW.—After designating a rule
under subsection (c) or (d) for sunset review,
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the agency or the Administrator shall prompt-
ly publish a notice of that designation in the
Federal Register.
SEC. 5. CRITERIA FOR SUNSET REVIEW.
(a) COMPLIANCE
WITH
OTHER
LAWS.—In
order for any rule subject to sunset review to
continue without change or to be modified or
consolidated in accordance with this Act,
such rule must be authorized by law and meet
all applicable requirements that would apply
if it were issued as a new rule pursuant to sec-
tion 553 of title 5, United States Code, or other
statutory rulemaking procedures required for
that rule. For purposes of this section, the
term ‘‘applicable requirements’’ includes any
requirement for cost-benefit analysis and any
requirement for standardized risk analysis
and risk assessment.
(b) GOVERNING LAW.—If there is a conflict
between such applicable requirements and an
Act under which a rule was issued, the con-
flict shall be resolved in the same manner as
such conflict would be resolved if the agency
were issuing a new rule.