II 112th CONGRESS 1st Session S. 1292 IN THE SENATE OF THE UNITED STATES June 29, 2011 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance document, endangerment finding, or other requirement, implementing any new or substantially altered program, or denying any permit, and for other purposes.

1.

Short title

This Act may be cited as the Employment Protection Act of 2011.

2.

Impacts of EPA regulatory activity on employment and economic activity

(a)

Definitions

In this section: (1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (2)

De minimis negative impact

The term de minimis negative impact means— (A)with respect to employment levels, a loss of more than 100 jobs, subject to the condition that any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used to offset the job loss calculation; and (B)with respect to economic activity, a decrease in economic activity of more than $1,000,000 during any calendar year, subject to the condition that any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. (b)

Analysis of impacts of actions on employment and economic activity

(1)

Analysis

Prior to promulgating any regulation or other requirement, issuing any policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or denying any permit, the Administrator shall analyze the impact on employment levels and economic activity, disaggregated by State, of the regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial. (2)

Economic models

(A)

In general

In carrying out paragraph (1), the Administrator shall use the best available economic models. (B)

Annual GAO report

Not later than December 31, 2011, and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the economic models used by the Administrator to carry out this subsection. (3)

Availability of information

With respect to any regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial, the Administrator shall— (A)post the analysis under paragraph (1) as a link on the main page of the public Internet website of the Environmental Protection Agency; and (B)request that the Governor of any State experiencing more than a de minimis negative impact post the analysis in the Capitol of the State. (4)

Clean Water Act and other permits

Each analysis under paragraph (1) shall include a description of estimated job losses and decreased economic activity due to the denial of a permit, including any permit denied under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (c)

Public hearings

(1)

In general

If the Administrator concludes under subsection (b)(1) that a regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State not less than— (A)30 days before the effective date of the regulation, requirement, policy statement, guidance document, endangerment finding, or program; or (B)48 hours before the denial of a permit. (2)

Time, location, and selection

(A)

In general

A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. (B)

Location

In selecting a location for a public hearing under subparagraph (A), the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (3)

Citizen suits

(A)

In general

If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of the State may bring an action in any United States district court in the State to compel compliance by the Administrator. (B)

Relief

If a resident prevails in an action against the Administrator under subparagraph (A), the United States district court— (i)shall enjoin the regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial that is the subject of the action; and (ii)may award reasonable attorneys' fees and costs. (C)

Appeal

On appeal of an injunction issued under subparagraph (B)(i), a United States court of appeals— (i)shall require the submission of briefs not later than 30 days after the date of filing of the appeal; (ii)may not stay the injunction prior to hearing oral arguments; and (iii)shall make a final decision not later than 90 days after the date of filing of the appeal. (d)

Notification

If the Administrator concludes under subsection (b)(1) that a regulation, requirement, policy statement, guidance document, endangerment finding, program, or permit denial will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall provide a notice of the de minimis negative impact to the congressional delegation, Governor, and legislature of the affected State not later than— (1)45 days before the effective date of the regulation, requirement, policy statement, guidance document, endangerment finding, requirement, or program; or (2)7 days before the denial of the permit.