117 S3843 IS: EPA Transparency Act of 2022 U.S. Senate 2022-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3843IN THE SENATE OF THE UNITED STATESMarch 15, 2022Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo require the Environmental Protection Agency to issue analyses on the environmental and economic impacts of rules and rulemakings of the Environmental Protection Agency, and for other purposes.

1.

Short title

This Act may be cited as the EPA Transparency Act of 2022.

2.

Report

(a)

Definitions

In this section:(1)

Administrator

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

Data of economic harm

The term data of economic harm, with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the economic harm that is anticipated to be caused by the major EPA-promulgated rule or rulemaking.(3)

Data of environmental harm

The term data of environmental harm, with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the environmental harm that would be caused without the promulgation or issuance of the major EPA-promulgated rule or rulemaking.(4)

Major EPA-promulgated rule or rulemaking

The term major EPA-promulgated rule or rulemaking means a final rule or policy of the Administrator—(A)the promulgation of which was not explicitly authorized by an Act of Congress; and(B)that increases the control or influence of the Federal Government over the property or constitutional rights of an individual as compared to before the date of promulgation of the rule or policy, as determined by the Administrator. (5)

Small business

The term small business means a privately owned corporation, partnership, or sole proprietorship that has—(A)fewer than 1,500 employees; and(B)not more than $38,500,000 in average annual receipts.(b)

Report required

Not later than 30 days after the date on which a major EPA-promulgated rule or rulemaking is promulgated, the Administrator shall submit to Congress and make publicly available a report that describes, with respect to the major EPA-promulgated rule or rulemaking, an analysis of—(1)the data of environmental harm; and(2)the data of economic harm with respect to small businesses.