S.Amdt. 1963

1. Adds TITLE III--GASOLINE REGULATIONS on page 22, between lines 3 and 4

   Adds a titlePrinted page

   Inserted: TITLE III--GASOLINE REGULATIONS

   Inserted: SEC. 301. SHORT TITLE.

   Inserted: This title may be cited as the "Gasoline Regulations Act of 2012".

   Inserted: SEC. 302. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

   Inserted: (2) Commission.--The term "Commission" means the Transportation Fuels Regulatory Commission established by section 303(a).

   Inserted: (3) Covered action.--The term "covered action" means any action, to the extent the action affects facilities involved in the production, transportation, or distribution of gasoline or diesel fuel, taken--

   Inserted: (A) on or after January 1, 2009, by the Administrator, a State, a local government, or a permitting agency; and

   Inserted: (B) to conform with part C of title I or title V of the Clean Air Act (42 U.S.C. 7401 et seq.) regarding an air pollutant identified as a greenhouse gas in the final rule entitled "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act" (74 Fed. Reg. 66496 (December 15, 2009)).

   Inserted: (4) Covered rule.--The term "covered rule" means the following rules (and includes any successor or substantially similar rules):

   Inserted: (A) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards", as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060 AQ86.

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   Inserted: (B) "National Ambient Air Quality Standards for Ozone" (73 Fed. Reg. 16436 (March 27, 2008)).

   Inserted: (C) "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards", as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060 AP98.

   Inserted: (D) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) applicable to petroleum refineries.

   Inserted: (E) Any rule proposed after March 15, 2012, to implement any portion of the renewable fuel program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).

   Inserted: (F) Any rule proposed after March 15, 2012, revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409).

   Inserted: SEC. 303. TRANSPORTATION FUELS REGULATORY COMMISSION.

   Inserted: (a) Establishment.--There is established a commission to be known as the "Transportation Fuels Regulatory Commission".

   Inserted: (b) Members.--The Commission shall be composed of the following officials (or designees of the officials):

   Inserted: (1) The Secretary of Energy, who shall serve as the Chair of the Commission.

   Inserted: (2) The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration.

   Inserted: (3) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade.

   Inserted: (4) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics.

   Inserted: (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy.

   Inserted: (6) The Administrator.

   Inserted: (7) The Chairman of the United States International Trade Commission, acting through the Director of the Office of Economics.

   Inserted: (8) The Administrator of the Energy Information Administration.

   Inserted: (c) Duties of the Commission.--The Commission shall analyze and report on the cumulative impacts of certain rules and actions of the Environmental Protection Agency on gasoline and diesel fuel prices, in accordance with sections 304 and 305.

   Inserted: (d) Consultation by Chair.--In carrying out the functions of the Chair of the Commission, the Chair shall consult with the other members of the Commission.

   Inserted: (e) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the report under section 305(c).

   Inserted: SEC. 304. ANALYSES.

   Inserted: (a) Scope.--The Commission shall conduct analyses, for each of the calendar years 2016 and 2020, of the cumulative impact of all covered rules and covered actions.

   Inserted: (b) Contents.--In conducting each analysis under this section, the Commission shall include the following:

   Inserted: (1) Estimates of the cumulative impacts of the covered rules and covered actions with respect to--

   Inserted: (A) any resulting change in the national, State, or regional price of gasoline or diesel fuel;

   Inserted: (B) required capital investments and projected costs for the operation and maintenance of new equipment required to be installed;

   Inserted: (C) global economic competitiveness of the United States and any loss of domestic refining capacity;

   Inserted: (D) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; and

   Inserted: (E) national, State, and regional employment, including impacts associated with increased gasoline or diesel fuel prices and facility closures.

   Inserted: (2) Discussion of key uncertainties and assumptions associated with each estimate under paragraph (1).

   Inserted: (3) A sensitivity analysis reflecting alternative assumptions with respect to the aggregate demand for gasoline or diesel fuel.

   Inserted: (4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on--

   Inserted: (A) consumers;

   Inserted: (B) small businesses;

   Inserted: (C) regional economies;

   Inserted: (D) State, local, and tribal governments;

   Inserted: (E) low-income communities;

   Inserted: (F) public health;

   Inserted: (G) local and industry-specific labor markets; and

   Inserted: (H) any uncertainties associated with each topic listed in subparagraphs (A) through (G).

   Inserted: (c) Methods.--In conducting an analysis under this section, the Commission 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.

   Inserted: (d) Data.--In conducting an analysis under this section, the Commission shall not be required to create data or to use data that are not readily accessible.

   Inserted: SEC. 305. REPORTS; PUBLIC COMMENT.

   Inserted: (a) Preliminary Report.--Not later than 90 days after the date of enactment of this Act, the Commission shall make public and submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report containing the results of the analyses conducted under section 304.

   Inserted: (b) Public Comment Period.--The Commission shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 60 days after the date on which the preliminary report is submitted.

   Inserted: (c) Final Report.--Not later than 60 days after the expiration of the 60-day period described in subsection (b), the Commission shall submit to Congress a final report containing the analyses conducted under section 304, including--

   Inserted: (1) any revisions to the analyses made as a result of public comments; and

   Inserted: (2) a response to the public comments.

   Inserted: SEC. 306. NO FINAL ACTION ON CERTAIN RULES.

   Inserted: The Administrator shall not finalize any of the following rules until a date (to be determined by the Administrator) that is at least 180 days after the day on which the Commission submits the final report under section 305(c):

   Inserted: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards", as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060 AQ86, and any successor or substantially similar rule.

   Inserted: (2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries.

   Inserted: (3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409).

   Inserted: SEC. 307. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE.

   Inserted: In revising or supplementing any national primary or secondary ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409), the Administrator shall consider the feasibility and cost of the revision or supplement.

   Original wording

   On page 22, between lines 3 and 4, insert the following:

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As printed