IB 
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 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 
SEPTEMBER 15, 2011 
Additional sponsors: Mr. REHBERG, Mr. HUELSKAMP, Mr. RENACCI, Mr. SCA-
LISE, 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. EMER-
SON 
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 im-
pacts of certain rules and actions of the Environmental 
Protection Agency, and for other purposes. 
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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’’. 
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 Manufac-
turing 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 En-
vironmental 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. 
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(4) The Secretary of Energy, acting through the 
Administrator of the Energy Information Adminis-
tration. 
(5) The Secretary of the Treasury, acting 
through the Deputy Assistant Secretary for Environ-
ment 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 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 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). 
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(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 
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 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 rep-
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resenting 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 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 im-
pacts associated with increased energy prices 
and facility closures; and 
(F) the reliability and adequacy of bulk 
power supply in the United States. 
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(2) Discussion of key uncertainties and assump-
tions associated with each estimate. 
(3) A sensitivity analysis. 
(4) Discussion, and where feasible an assessment, 
of the cumulative impact of the covered rules and cov-
ered 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 sec-
tion, 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 mem-
bers, including the most recent such data appropriate 
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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 ‘‘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 Haz-
ardous Air Pollutants for Major Sources: Indus-
trial, 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: In-
dustrial, Commercial, and Institutional Boilers’’, 
published at 76 Fed. Reg. 15554 (March 21, 
2011). 
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(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 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 
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Act (42 U.S.C. 7411(b), 7411(d)) to address cli-
mate 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). 
(f) COVERED ACTIONS.—In this section, the term ‘‘cov-
ered 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). 
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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 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 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. REGULATORY DEFERRAL OF CERTAIN RULES. 
(a) NO FINAL ACTION.—The Administrator of the En-
vironmental Protection Agency shall not take final action 
with respect to the rule listed in subparagraph (E) of sec-
tion 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 Com-
mittee submits the final report under section 4(c). 
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(b) RULES FINALIZED PRIOR TO ENACTMENT.—Not-
withstanding 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 trans-
port of fine particulate matter and ozone) and final action 
(if any) taken with respect to the rule listed in subpara-
graph (E) of section 3(e)(1) prior to the date of the enact-
ment 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). 
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(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 Imple-
mentation Plans for the Clean Air Interstate Rule as pro-
mulgated and modified by the Administrator of the Envi-
ronmental 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 ap-
propriated 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 car-
rying 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 
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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’’. 
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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 incre-
mental 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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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