[House Report 112-213]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-213
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2401) TO REQUIRE ANALYSES
OF THE CUMULATIVE AND INCREMENTAL IMPACTS OF CERTAIN RULES AND ACTIONS
OF THE ENVIRONMENTAL PROTECTION AGENCY, AND FOR OTHER PURPOSES
_______
September 20, 2011.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 406]
The Committee on Rules, having had under consideration
House Resolution 406, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2401, the
Transparency in Regulatory Analysis of Impacts on the Nation
Act of 2011, under a structured rule. The resolution provides
two hours of general debate equally divided and controlled by
the chair and ranking minority member of the Committee on
Energy and Commerce. 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
and shall be considered as read. The resolution waives all
points of order against the committee amendment in the nature
of a substitute. The resolution further makes in order only
those amendments printed in this report. Each such amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. All points of order
against the amendments printed in this report are waived.
Finally, the resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order against its consideration. The waiver of all
points of order is prophylactic.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute to H.R.
2401, the Committee is not aware of any points of order against
the amendment in the nature of a substitute. The waiver of all
points of order is prophylactic.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order against the amendments. The waiver
of all points of order is prophylactic in nature.
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Rush (IL): Would add the Chair of the Council on
Environmental Quality, the Secretary of Health and Human
Services, as well as the Director of the Centers for Disease
Control and Prevention, among others, to the interagency
council that this bill would create. Additionally, the
amendment would direct the committee to look at important
health impacts on the most vulnerable subpopulations that would
be affected by EPA's proposed rules. (10 minutes)
2. McNerney (CA): Would add the effect on clean energy jobs
and clean energy companies, including those that export clean
energy technology, to the items to be considered in the
analyses required by the bill. (10 minutes)
3. Moore, Gwen (WI): Would ensure that the study will
analyze the impact that a rule or action could have on low-
income communities and public health. (10 minutes)
4. Capps (CA): Would require the committee to include in
its analyses an estimate of the incidence of birth and
developmental defects and infant mortality that would result
from a delay to covered rules and covered actions under the
bill. (10 minutes)
5. Kinzinger (IL), Gonzalez (TX): Would add upcoming EPA
gasoline regulations to the list of measures to be analyzed for
their cumulative impact on energy prices, jobs, and American
competitiveness. (10 minutes)
6. Dent (PA): Would add the U.S. Environmental Protection
Agency's (EPA) National Emission Standards for Hazardous Air
Pollutants (NESHAP) from the Portland Cement Manufacturing
Industry and Standards of Performance for Portland Cement
Plants to the Covered Rules within the bill. (10 minutes)
7. Hastings, Alcee (FL): Would exclude from the committee's
jurisdiction all rules and regulations that undergo a cost-
benefit analysis as a part of existing regulatory requirements.
(10 minutes)
8. Connolly (VA): Would require the committee to study
policies which will lead to creation of American jobs in the
clean energy sector. (10 minutes)
9. Jackson Lee (TX): Would extend the public comment period
from 90 days to 120 days. (10 minutes)
10. Whitfield (KY): Would provide that the Cross State Air
Pollution Rule has no legal force or effect, and directs EPA to
continue to apply the Clean Air Interstate Rule (CAIR) for at
least 3 years until after the study in the underlying bill is
complete. The amendment also requires that the proposed Utility
Maximum Achievable Control Technology (MACT) rule has no legal
force and effect and that any subsequent Utility MACT rule be
issued no sooner than 1 year after the study in the underlying
bill is complete. If reissuing the rule, EPA is required to
ensure that MACT standards are achievable in practice and that
the compliance period is at least 5 years. (10 minutes)
11. Latta (OH): Would update the Clean Air Act's criteria
for what factors can be considered when promulgating National
Ambient Air Quality Standards (NAAQS). Specifically, it would
allow the EPA Administrator to consider feasibility and cost
when setting these standards, which would negate the effect of
a 2001 Supreme Court ruling that held implementation costs
cannot be considered when setting NAAQS. (10 minutes)
12. Richardson (CA): Would strike the offset provision of
H.R. 2401, which would reduce funding to the Diesel Emission
Reductions Act. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Rush of Illinois or His
Designee, Debatable for 10 Minutes
In section 2(b)(3), insert ``and the Deputy Secretary of
Labor'' before the period.
In section 2(b)(4), insert ``and the Deputy Secretary of
Energy'' before the period.
At the end of section 2(b), add the following:
(12) The Chair of the Council on Environmental
Quality.
(13) The Secretary of the Interior.
(14) The Secretary of Health and Human Services.
(15) The Director of the Centers for Disease Control
and Prevention.
(16) The Director of the National Institute of
Environmental Health Sciences.
Amend section 2(c) to read as follows:
(c) Chair.--The Secretary of Commerce and the Chair of the
Council on Environmental Quality shall serve as co-chairs of
the Committee. In carrying out the functions of the Chair, the
co-chairs shall consult with the members of the Committee.
In section 2(d), insert ``stakeholders and relevant experts,
including'' after ``reports issued by,''.
In section 3(b)(1), insert after subparagraph (D) the
following (and redesignate accordingly):
(E) any resulting change in the incidences of
asthma and asthma attacks and other pulmonary
disease;
(F) any resulting change in the occurrence of
birth and developmental defects;
(G) any resulting change in the occurrence of
premature mortality;
(H) any resulting change in the occurrence of
other adverse health effects;
(I) the effect on clean energy jobs;
(J) the effect on clean energy companies,
including companies that export clean energy
technology;
(K) the effect on regional air quality,
including any resulting change in the
impairment of visibility, due to reduced
pollution;
(L) the effect on the water quality of lakes
and streams;
(M) any resulting change in the number of
work days missed;
(N) any resulting change in the number of
school days missed;
(O) any resulting change in the use of
emergency medical services;
In section 3(b)(4), insert after subparagraph (D) the
following (and redesignate accordingly):
(E) vulnerable subpopulations, including the
elderly, pregnant women, and populations with
pulmonary disease;
(F) the environment, including impacts on
global climate change;
(G) development of infants and children;
----------
2. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
Page 6, line 22, strike ``; and'' and insert a semicolon.
Page 6, line 24, strike the period and insert ``; and''.
Page 6, after line 24, insert the following new subparagraph:
(G) the effect on clean energy jobs and clean
energy companies, including companies that
export clean energy technology.
----------
3. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 7, after line 10, insert the following new subparagraphs
(and redesignate accordingly):
(E) low-income communities;
(F) public health;
----------
4. An Amendment To Be Offered by Representative Capps of California or
Her Designee, Debatable for 10 Minutes
Page 7, after line 15, insert the following new paragraph:
(5) Estimates of the impacts of delaying the covered
rules and covered actions on the incidence of birth and
developmental defects and infant mortality.
----------
5. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the end of section 3(e)(2), add the following:
(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)).
----------
6. An Amendment To Be Offered by Representative Dent of Pennsylvania or
His Designee, Debatable for 10 Minutes
Page 9, after line 20, insert the following:
(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).
----------
7. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Page 10, after line 12, insert the following new subsection
(and redesignate accordingly):
(f) Exclusion From Review.--Notwithstanding subsection (e),
the Committee may not include in the analyses conducted under
section 3 consideration of any rule or guideline promulgated in
compliance with Executive Order 12866 (58 Fed. Reg. 51735,
relating to regulatory planning and review) or the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Beginning on page 11, line 17, strike section 5 (and
redesignate accordingly).
----------
8. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Page 10, after line 24, insert the following:
(g) Additional Analyses.--The Committee shall conduct or
commission studies to identify pollution control policies that
should be adopted and implemented by the United States to
provide domestic job growth and ensure that the Nation is
internationally competitive in the $5 trillion global energy
industry for clean energy technology development and
manufacturing.
----------
9. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Page 11, line 10, strike ``90'' and insert ``120''.
----------
10. An Amendment To Be Offered by Representative Whitfield of Kentucky
or His Designee, Debatable for 10 Minutes
Strike section 5 and insert the following:
SEC. 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 (Oct. 1, 2007), 72 Fed. Reg. 59190 (Oct. 19,
2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg.
56721 (Nov. 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 13563 published at
76 Fed. Reg. 3821 (January 21, 2011).
Strike subparagraph (A) of section 3(e)(1) and insert the
following:
(A) The Clean Air Interstate Rule (as defined
in section 5(a)(4)).
Strike subparagraph (B) of section 3(e)(1) and insert the
following:
(E) ``National Ambient Air Quality Standards
for Ozone'', published at 73 Fed. Reg. 16436
(March 27, 2008).
On page 13, line 17, in the matter before paragraph (1) in
section 6(a), strike ``for fiscal year 2012''.
On page 13, line 18, in section 6(a)(1), insert ``for fiscal
year 2012,'' before ``$3,000,000''.
Strike paragraph (2) in section 6(a) and insert the
following:
(2) to the Environmental Protection Agency--
(A) for fiscal year 2012, $1,000,000; and
(B) for fiscal year 2013, $500,000.
Strike subsection (b) in section 6 and insert the following:
(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''.
----------
11. An Amendment To Be Offered by Representative Latta of Ohio or His
Designee, Debatable for 10 Minutes
After section 5, insert the following new section (and
redesignate the subsequent section accordingly):
SEC. 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.
----------
12. An Amendment To Be Offered by Representative Richardson of
California or His Designee, Debatable for 10 Minutes
Page 13, line 16, strike ``(a) Authorization.--''.
Beginning on page 13, line 23, strike subsection (b) of
section 6.