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

Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 - (Sec. 2) 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.

Defines "covered rule" to mean:

• the Clean Air Interstate Rule;
• National Ambient Air Quality Standards for Ozone published on March 27, 2008;
• National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters;
• National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers;
• 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;
• Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities;
• Primary National Ambient Air Quality Standard for Sulfur Dioxide;
• Primary National Ambient Air Quality Standards for Nitrogen Dioxide;
• National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants;
• any rule or guideline promulgated on or after January 1, 2009, under the Clean Air Act (CAA) concerning standards for performance for new or existing stationary sources to address climate change;
• any rule or guideline promulgated on or after such date by the Administrator of EPA, a state, local government, or a permitting agency under or as the result of visibility protection for federal class I areas under the CAA;
• any rule promulgated on or after such date establishing or modifying a national ambient air quality standard under the CAA; and
• any rule promulgated on or after such date addressing fuels under emission standards for moving sources under the CAA as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86 or any substantially similar rule.

Defines "covered actions" to mean any action on or after January 1, 2009, by EPA, a state, a local government, or a permitting agency as a result of the application of specified CAA provisions (relating to permitting or to prevention of significant deterioration of air quality) 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 on December 15, 2009.

(Sec. 3) Requires such Committee to conduct analyses, for each of the calendar years 2016, 2020, and 2030, of: (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; and (3) the incremental impact of each covered rule not promulgated as a final regulation on or before such date, relative to an analytic baseline representing the results of the analysis of the cumulative impact of covered rules that are promulgated as final regulations on or before such date.

Requires each such analysis to include: (1) estimates of the impacts of such rules and actions on the global economic competitiveness of the United States, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and an assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, low-income communities, public health, local and industry-specific labor markets, and agriculture.

(Sec. 4) Requires the Committee to submit a final report on such analyses by August 1, 2012, after the public is given an opportunity to submit comments.

(Sec. 5) Prohibits the Administrator from issuing any proposed or final rule under the CAA relating to the national ambient air quality standards for ozone or particulate matter (including any modification of the Clean Air Interstate Rule) until three years after the submission of such report. Requires the Administrator to: (1) base such rule on actual monitored (and not modeled) data, (2) allow the trading of emissions allowances among entities covered by the rule irrespective of the states in which such entities are located, and (3) require state implementation of the standards established by such final rule no earlier than three years after its publication.

Nullifies the rule entitled "Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals." Requires the Administrator, in place of such rule, to continue to implement the Clean Air Interstate Rule.

Nullifies 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" and any final rule that is based on such proposed rule and issued prior to this Act's enactment. Requires the Administrator, at least 12 months after the issuance of the Committee's report, to issue, in place of such rule: (1) regulations establishing national emission standards for coal-and oil-fired electric utility steam generating units under the CAA with respect to each hazardous air pollutant; and (2) regulations establishing standards of performance for fossil-fuel-fired electric utility, industrial-commercial-institutional, and small industrial-commercial-institutional steam generating units under Standards of Performance for New Stationary Sources. Requires the Administrator to require compliance with such regulationsno earlier than five years after their effective date.

Prohibits this Act from being construed to restrict or otherwise affect provisions concerning permit extensions and presidential exemptions from stationary source requirements under the CAA.

Requires the Administrator: (1) for purposes of determining the maximum degree of reduction in emissions of hazardous air pollutants from coal- and oil-fired electric utility steam generating units that is deemed achievable for new sources, to identify the best controlled similar source for each source category or subcategory under actual operating conditions; and (2) for purposes of determining emission standards of such pollutants for existing sources, to identify one group of sources that constitutes the best performing 12% of existing sources for each source category or subcategory under actual operating conditions.

Requires the Administrator to impose the least burdensome of emission standards for such generating units, fossil-fuel-fired electric utility, industrial-commercial-institutional, and small industrial-commercial-institutional steam generating units from among the range of regulatory alternatives authorized under the CAA, including work practice standards.

(Sec. 6) Requires the Administrator, in establishing any national primary and secondary ambient air quality standard under the CAA, to take into consideration feasibility and cost.

(Sec. 7) Authorizes appropriations. Offsets such appropriations by amending the Energy Policy Act of 2005 to reduce appropriations in FY2012 for the Diesel Emissions Reduction Program.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov