1.This Act may be cited as the
Transparency in Regulatory Analysis of
Impacts on the Nation Act of 2011
.
2.Committee for the
Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the
United States
(a)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)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)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)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)The Committee shall terminate 60 days after
submitting its final report pursuant to section 4(c).
3.
(a)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)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)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)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)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)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).
4.
(a)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)The Committee shall accept public comments regarding the
preliminary report submitted under subsection (a) for a period of 120 days
after such submission.
(c)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.
5.Additional
provisions relating to certain rules
(a)Cross-State Air
Pollution rule/Transport rule
(1)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 RuleIn 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)
(A)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)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 RuleFor 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)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 rulesIn 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)
(A)Establishment of
compliance datesIn
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)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)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)
(A)Establishment of
standards achievable in practiceThe 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)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)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)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).
6.Consideration of
feasibility and cost in establishing national ambient air quality
standardsIn 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.
7.Authorization of
appropriations
(a)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)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.
Karen L. Haas,
Clerk.