H.R. 2401House112th Congress (2011-2013)Passed House

Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011

Introduced June 24, 2011

Legislative Activity

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60 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

September 26, 2011

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HouseIntro Referral

Introduced in House

June 24, 2011

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

June 24, 2011

HouseCommittee

Referred to the Subcommittee on Energy and Power.

June 24, 2011

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

July 8, 2011

HouseCommittee

Subcommittee on Energy and Power Discharged.

July 11, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 11, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 12, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 13, 2011

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 13.

July 13, 2011

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-208.

September 15, 2011

HouseCalendars

Placed on the Union Calendar, Calendar No. 136.

September 15, 2011

HouseFloor

Rules Committee Resolution H. Res. 406 Reported to House. Rule provides for consideration of H.R. 2401 with 2 hours of general debate. Motion to recommit with or without installowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as an original bill for the purpose of amendment. The resolution makes in order only those amendments printed in this report and shall be debatable for the time specified in this report.

September 20, 2011 • 8:32 PM

HouseFloor

Rule H. Res. 406 passed House.

September 22, 2011 • 5:34 PM

HouseFloor

Considered under the provisions of rule H. Res. 406. (consideration: CR H6376-6389)

September 22, 2011 • 5:36 PM

HouseFloor

Rule provides for consideration of H.R. 2401 with 2 hours of general debate. Motion to recommit with or without installowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as an original bill for the purpose of amendment. The resolution makes in order only those amendments printed in this report and shall be debatable for the time specified in this report.

September 22, 2011 • 5:36 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 406 and Rule XVIII.

September 22, 2011 • 5:36 PM

HouseFloor

The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.

September 22, 2011 • 5:36 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with two hours of general debate on H.R. 2401.

September 22, 2011 • 5:36 PM

HouseFloor

The Chair announced that all general debate for H.R. 2401 had expired.

September 22, 2011 • 7:53 PM

HouseFloor

Mr. Whitfield moved to rise.

September 22, 2011 • 7:54 PM

HouseFloor

On motion to rise Agreed to by voice vote.

September 22, 2011 • 7:54 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 2401 as unfinished business.

September 22, 2011 • 7:55 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6419-6446)

September 23, 2011 • 9:18 AM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

September 23, 2011 • 9:18 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Welch (VT) amendment No. 1.

September 23, 2011 • 9:20 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Welch (VT) amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 9:31 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment No. 2.

September 23, 2011 • 9:32 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the McNerney amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McNerney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 9:40 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment No. 3.

September 23, 2011 • 9:41 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Moore demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 9:48 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Capps amendment No. 4.

September 23, 2011 • 9:49 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Capps demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 9:58 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Kinzinger amendment No. 5.

September 23, 2011 • 9:59 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kinzinger amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rush demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 10:11 AM

HouseFloor

The Committee of the Whole rose informally to receive a Senate message.

September 23, 2011 • 10:11 AM

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The Committee of the Whole resumed its sitting.

September 23, 2011 • 10:12 AM

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DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment No. 6.

September 23, 2011 • 10:13 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rush demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 10:22 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 7.

September 23, 2011 • 10:23 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 10:33 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly (VA) No. 8.

September 23, 2011 • 10:34 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Connolly (VA) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 10:43 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 9.

September 23, 2011 • 10:44 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment No. 9, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 10:51 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Whitfield (KY) amendment No. 10.

September 23, 2011 • 10:52 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Whitfield (KY) amendment No. 10, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Waxman demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 11:02 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Latta amendment No. 11.

September 23, 2011 • 11:03 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Latta amendment No. 11, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Latta demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 11:14 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 10 minutes of debate on the Richardson amendment No. 12.

September 23, 2011 • 11:15 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Richardson amendment No. 12, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Richardson demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

September 23, 2011 • 11:26 AM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

September 23, 2011 • 11:27 AM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2401.

September 23, 2011 • 12:43 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H6419-6420)

September 23, 2011 • 12:44 PM

HouseFloor

Ms. McCollum moved to recommit with instructions to Energy and Commerce. (consideration: CR H6444-6446; text: CR H6444)

September 23, 2011 • 12:44 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the McCollum motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to protect Great Lakes drinking water from toxic substances.

September 23, 2011 • 12:45 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6445)

September 23, 2011 • 12:53 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 180 - 233 (Roll no. 740). (consideration: CR H6446)

September 23, 2011 • 1:10 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 249 - 169 (Roll no. 741).

September 23, 2011 • 1:17 PM

HouseFloor

On passage Passed by recorded vote: 249 - 169 (Roll no. 741).

September 23, 2011 • 1:17 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 23, 2011 • 1:17 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

September 26, 2011

Voting History

14 votes recorded • Roll call available

Show 11 more votes

Floor Debate

20 members

What members said about H.R. 2401 on the floor

9 Republicans11 Democrats
John R. Carter
Rep. John R. CarterR-TX-31 · Sep 7, 2011

Mr. Speaker, we've all been back in our districts for the last month, and we've been talking to friends and neighbors back home about what America is truly concerned with, what is most important in…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 23, 2011

Mr. Chairman, I have an amendment at the desk. I rise today to support my amendment. I call my amendment ``Can We All Get Along?'' It is an amendment simply to ask that all of those who are impacted…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Sep 22, 2011

Madam Speaker, I rise today in strong opposition to H.R. 2401. I do thank my colleague, Mr. Bishop, for granting the time for the opposition. This bill is really another attempt by the Republican…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Sep 22, 2011

Mr. Speaker, I yield myself 5 minutes. This week is Dirty Air Week in the House of Representatives. Yesterday, in the Energy and Commerce Committee, we considered legislation that will increase…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 22, 2011

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 2401. Mr. Chairman, I yield…

Show 8 more
Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 23, 2011

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 2401. Mr. Chairman, I claim the…

Rob Bishop
Rep. Rob BishopR-UT-1 · Sep 22, 2011

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 406 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 23, 2011

Mr. Chairman, I rise in opposition to the amendment. I have great admiration for the gentleman from Florida, who is always eloquent in his remarks. He started off his support of his amendment by…

James P. Moran
Rep. James P. MoranD-VA-8 · Sep 22, 2011

Mr. Chairman, I want to thank Mr. Waxman for his constant, credible leadership. He is saying what all Americans should be aware of. This is an incredibly important piece of legislation. Mr. Chairman,…

Charles W. Dent
Rep. Charles W. DentR-PA-15 · Sep 23, 2011

I have an amendment at the desk. Thank you, Mr. Chairman. This amendment simply adds the National Emission Standards for Hazardous Air Pollutants, NESHAP or Cement MACT, to the covered rules within…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Sep 22, 2011

I thank the gentleman for yielding. I rise in opposition to the Republican TRAIN Act, the Total Regulatory Amnesty for Industry Negligence Act of 2011. The very silly premise of this bill is that…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Sep 23, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, Deutsche Bank, the biggest bank in Europe, recently issued a report on global clean energy investment opportunities in which it stated,…

Diana DeGette
Rep. Diana DeGetteD-CO-1 · Sep 22, 2011

Mr. Chairman, for too long too many people in this body have proposed that we must make what amounts to a devil's bargain: choosing between environmental protections and jobs. Today, the ideology…

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Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Sep 22, 2011

I appreciate the gentleman's courtesy, as I enjoy listening to the former chairman of the Commerce Committee in his argument on the floor. He gave us part of the story. I find a certain irony,…

James Lankford
Rep. James LankfordR-OK-5 · Sep 22, 2011

Mr. Chairman, let me just mention, I congratulate my counterpart from Oklahoma (Mr. Sullivan) in bringing this forward and giving us a chance to work through this process. We both come from the…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Sep 22, 2011

I thank my good friend and the distinguished ranking member of the Energy and Commerce Committee. Mr. Chairman, this bill is extraordinary even for the most anti- environmental House of…

Joe Barton
Rep. Joe BartonR-TX-6 · Sep 22, 2011

I thank the distinguished gentleman from Kentucky. I would like to start off, Mr. Chairman, by making the point that the TRAIN Act doesn't change any existing environmental law or existing…

Peter Welch
Rep. Peter WelchD-VT · Sep 23, 2011

I seek to offer the amendment of Mr. Rush of Illinois as his designee. Mr. Chairman, this amendment makes needed changes to the economic analysis mandated by the underlying bill; but fundamentally…

John Sullivan
Rep. John SullivanR-OK-1 · Sep 22, 2011

Mr. Chairman, I rise today in strong support of H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011, otherwise known as the TRAIN Act. As House Republicans move…

Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Sep 22, 2011

I want to thank the fine ranking member of the full committee, Mr. Waxman, for his outstanding leadership on this matter and other matters before our committee and before this Congress. Mr. Chairman,…

David Dreier
Rep. David DreierR-CA-26 · Sep 22, 2011

Madam Speaker, I thank my extraordinarily quick-witted, thoughtful and hardworking colleague from the Rules Committee for yielding me the time. I rise in strong support of this rule, and I take the…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Sep 22, 2011

Madam Speaker, I rise in strong support of this rule and the underlying legislation, H.R. 2401--the TRAIN Act. At a time when we have 14 million people out of work in this country, we must enact…

Keith Ellison
Rep. Keith EllisonD-MN-5 · Sep 22, 2011

Let me thank the gentleman for yielding, and let me thank all of us who are assembled here on the floor tonight to talk about the state of our lungs, the state of our health, and to talk about how…

Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Sep 23, 2011

I claim time in opposition for purposes of debate. The ACTING Chair. The gentleman from Illinois is recognized for 5 minutes. Thank you. Many organizations are on record opposing the TRAIN Act or…

Bill Text

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Referred in SenateIssued September 26, 2011

IIB

112th CONGRESS

1st Session

H. R. 2401

IN THE SENATE OF THE UNITED STATES

September 26, 2011

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.

1.

Short title

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)

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).

3.

Analyses

(a)

Scope

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)

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)

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)

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 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)

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)

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)

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).

4.

Reports; public comment

(a)

Preliminary report

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)

Public comment period

The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 120 days after such submission.

(c)

Final report

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)

Earlier rules

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 Rule

In 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)

Additional rulemakings

(A)

Issuance of new rules

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)

Implementation schedule

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 Rule

For 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)

Earlier rules

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 rules

In 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)

Compliance provisions

(A)

Establishment of compliance dates

In 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)

New sources

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)

Rule of construction

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)

Other provisions

(A)

Establishment of standards achievable in practice

The 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)

New sources

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)

Existing sources

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)

Regulatory alternatives

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 standards

In 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)

Authorization

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)

Offset

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.