S. 3843 — Introduced in Senate

II 117th CONGRESS 2d Session S. 3843 IN THE SENATE OF THE UNITED STATES March 15, 2022Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Environmental Protection Agency to issue analyses on the environmental and economic impacts of rules and rulemakings of the Environmental Protection Agency, and for other purposes. 1. Short title This Act may be cited as the EPA Transparency Act of 2022. 2. Report (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Data of economic harm The term data of economic harm, with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the economic harm that is anticipated to be caused by the major EPA-promulgated rule or rulemaking. (3) Data of environmental harm The term data of environmental harm, with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the environmental harm that would be caused without the promulgation or issuance of the major EPA-promulgated rule or rulemaking. (4) Major EPA-promulgated rule or rulemaking The term major EPA-promulgated rule or rulemaking means a final rule or policy of the Administrator— (A) the promulgation of which was not explicitly authorized by an Act of Congress; and (B) that increases the control or influence of the Federal Government over the property or constitutional rights of an individual as compared to before the date of promulgation of the rule or policy, as determined by the Administrator. (5) Small business The term small business means a privately owned corporation, partnership, or sole proprietorship that has— (A) fewer than 1,500 employees; and (B) not more than $38,500,000 in average annual receipts. (b) Report required Not later than 30 days after the date on which a major EPA-promulgated rule or rulemaking is promulgated, the Administrator shall submit to Congress and make publicly available a report that describes, with respect to the major EPA-promulgated rule or rulemaking, an analysis of— (1) the data of environmental harm; and (2) the data of economic harm with respect to small businesses.