[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2401 Referred in Senate (RFS)]

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 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) low-income communities;
                    (F) public health;
                    (G) local and industry-specific labor markets; 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 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) The Clean Air Interstate Rule (as defined in 
                section 5(a)(4)).
                    (B) ``National Ambient Air Quality Standards 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 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).
                    (I) ``National Emission Standards for Hazardous Air 
                Pollutants from the Portland Cement Manufacturing 
                Industry and Standards of Performance for Portland 
                Cement Plants'', published at 75 Fed. Reg. 54970 
                (September 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).
                    (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, 
                including any rule under section 211(v) of the Clean 
                Air Act (42 U.S.C. 7545(v)).
    (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 120 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. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.

    (a) Cross-State Air Pollution Rule/Transport Rule.--
            (1) Earlier rules.--The rule entitled ``Federal 
        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 effect.
            (2) Continued applicability of clean air interstate rule.--
        In place of any rule described in paragraph (1), the 
        Administrator of the Environmental Protection Agency (in this 
        section referred to as the ``Administrator'') shall continue to 
        implement the Clean Air Interstate Rule.
            (3) Additional rulemakings.--
                    (A) Issuance of new rules.--The Administrator--
                            (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 Interstate 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 covered by the rule irrespective of 
                        the States in which such entities are located.
                    (B) Implementation schedule.--In promulgating any 
                final rule described in subparagraph (A)(i), the 
                Administrator shall establish a date for State 
                implementation of the standards established by such 
                final rule that is not earlier than 3 years after the 
                date of publication 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 Administrator (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 (October 
        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 entitled ``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'' published at 
        76 Fed. Reg. 24976 (May 3, 2011), and any final rule that is 
        based on such proposed rule and is issued prior to the date of 
        the enactment 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 analyses 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 respect to each 
                hazardous air pollutant for which the Administrator 
                finds such regulations are appropriate and necessary 
                pursuant to subsection (n)(1)(A) of such section;
                    (B) issue regulations establishing standards 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
                    (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 
                        report 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 Congress, or such 
                        later date as may be determined 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 compliance 
                        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 
                                emissions reductions;
                                    (II) any non-air quality health and 
                                environmental impact and energy 
                                requirements of the standards and 
                                requirements;
                                    (III) the feasibility of 
                                implementing the standards and 
                                requirements, including the time needed 
                                to--
                                            (aa) obtain necessary 
                                        permit approvals; and
                                            (bb) procure, install, and 
                                        test control equipment;
                                    (IV) the availability of equipment, 
                                suppliers, and labor, given the 
                                requirements of the regulations and 
                                other proposed or finalized 
                                regulations; and
                                    (V) potential net employment 
                                impacts.
                    (B) New sources.--With respect to the regulations 
                promulgated pursuant to paragraph (2)--
                            (i) the date on which the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(A) establishing an emission standard under 
                        section 112 of the Clean Air Act (42 U.S.C. 
                        7412) shall be treated as the date on which the 
                        Administrator first proposes such a regulation 
                        for purposes 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 Administrator 
                        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 Administrator proposes such a 
                        regulation for purposes 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 date of such emissions standard or 
                        limitation; and
                            (iv) for purposes of clause (iii), the date 
                        of issuance of a preconstruction permit or 
                        other preconstruction approval is deemed to be 
                        the date on which such permit or approval is 
                        issued to the applicant irrespective of any 
                        administrative or judicial 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 accordance with the following:
                            (i) New sources.--With respect to new 
                        sources:
                                    (I) The Administrator shall 
                                identify the best controlled similar 
                                source for each source category or 
                                subcategory.
                                    (II) The best controlled similar 
                                source for a category or subcategory 
                                shall be the single source that is 
                                determined 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 
                                category or subcategory, under actual 
                                operating conditions, taking into 
                                account the variability in actual 
                                source performance, source design, 
                                fuels, controls, ability to measure 
                                pollutant emissions, and operating 
                                conditions.
                            (ii) Existing sources.--With respect to 
                        existing sources:
                                    (I) The Administrator shall 
                                identify one group of sources that 
                                constitutes the best performing 12 
                                percent of existing sources for each 
                                source category or subcategory.
                                    (II) The group constituting the 
                                best performing 12 percent of existing 
                                sources for a category or subcategory 
                                shall be the single group that is 
                                determined 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 
                                category or subcategory, under actual 
                                operating conditions, taking into 
                                account the variability in actual 
                                source performance, source design, 
                                fuels, controls, ability to measure 
                                pollutant emissions, and operating 
                                conditions.
                    (B) Regulatory alternatives.--For the regulations 
                promulgated pursuant to paragraph (2) of this section, 
                from among the range of regulatory alternatives 
                authorized under the Clean Air Act (42 U.S.C. 7401 et 
                seq.), including work practice standards under section 
                112(h) of such Act (42 U.S.C. 7412(h)), the 
                Administrator shall impose the least burdensome, 
                consistent with the purposes of such Act and Executive 
                Order No. 13563 published at 76 Fed. Reg. 3821 (January 
                21, 2011).

SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN ESTABLISHING NATIONAL 
              AMBIENT AIR QUALITY 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 consideration feasibility and cost.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to 
carry out this Act--
            (1) for fiscal year 2012, $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) 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'';
            (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.