Transparency in Regulatory Analysis of Impacts on the Nation Act of 2013 - Requires the President to establish the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of covered rules and actions of the Environmental Protection Agency (EPA) concerning air, waste, water, and climate change for each of calendar years 2018, 2023,and 2030.
Requires such analysis to include: (1) estimates of the impacts of covered rules promulgated as final regulations on or before January 1, 2014, in combination with covered actions on U.S. economic competitiveness, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, local and industry-specific labor markets, and agriculture.
Includes among "covered rules" specified national standards for air quality, hazardous and solid waste, and water pollutants and other rules promulgated under specified provisions of the Clean Air Act on or after January 1, 2009.
Defines "covered action" as any action on or after such date by the EPA, a state, a local government, or a permitting agency as a result of the application of specified Clean Air Act (CAA) provisions with respect to an air pollutant that is identified as a greenhouse gas.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2948 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2948
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
August 1, 2013
Mr. Matheson (for himself and Mr. Harper) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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 2013''.
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 2018, 2023, and 2030, of the following:
(1) The cumulative impact of covered rules that are
promulgated as final regulations on or before January 1, 2014,
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, 2014), in combination with
covered actions.
(3) The incremental impact of each covered rule not
promulgated as a final regulation on or before January 1, 2014,
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) local and industry-specific labor markets; and
(F) 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 is 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 is
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) ``National Ambient Air Quality Standards for
Ozone'', published at 75 Fed. Reg. 2938 (January 19,
2010).
(B) ``National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial,
and Institutional Boilers and Process Heaters'',
published at 78 Fed. Reg. 7138 (January 31, 2013).
(C) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial,
and Institutional Boilers'', published at 78 Fed. Reg.
7488 (February 1, 2013).
(D) ``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 77 Fed. Reg. 9304 (February 16, 2012) and
the ``Reconsideration of Certain New Source Issues:
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 78 Fed. Reg. 24073 (April 24, 2013).
(E) ``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. 35128 (June 21, 2010).
(F) ``Primary National Ambient Air Quality Standard
for Sulfur Dioxide'', published at 75 Fed. Reg. 35520
(June 22, 2010).
(G) ``Primary National Ambient Air Quality
Standards for Nitrogen Dioxide'', published at 75 Fed.
Reg. 6474 (February 9, 2010).
(H) ``National Pollutant Discharge Elimination
System--Cooling Water Intake Structures at Existing
Facilities and Phase I Facilities'', published at 76
Fed. Reg. 22174 (April 20, 2011).
(I) ``Effluent Limitations Guidelines and Standards
for the Construction and Development Point Source
Category'', published at 74 Fed. Reg. 62996 (December
1, 2009).
(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).
(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, 2014, 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, 2014, 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Energy and Power.
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