S. 1584

119 S1584 IS: Transparency and Honesty in Energy Regulations Act of 2025
 U.S. Senate
 2025-05-01
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1584  IN THE SENATE OF THE UNITED STATES   May 1, 2025   Mr. Lankford  introduced the following bill; which was read twice and referred to the  Committee on Homeland Security and Governmental Affairs    A BILL
To prohibit Federal agencies from considering, in taking any action, the social cost of carbon, the social cost of methane, the social cost of nitrous oxide, or the social cost of any other greenhouse gas, and for other purposes.
1.
Short title
This Act may be cited as the   Transparency and Honesty in Energy Regulations Act of 2025  .
2.
Definitions
In this Act:
(1)
Federal agency
The term  Federal agency  has the meaning given the term  agency  in section 551 of title 5, United States Code.
(2)
Social cost of carbon
The term  social cost of carbon  means—
(A)
the estimate of the social cost of carbon described in—
(i)
the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled  Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866  and dated February 2010;
(ii)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990  and dated February 2021;
(iii)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , dated May 2013, revised in November 2013 and July 2015, and published and revised in August 2016;
(iv)
the document of the Environmental Protection Agency entitled  Regulatory Impact Analysis for the New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule  and dated April 2024;
(v)
the document of the Environmental Protection Agency entitled  Regulatory Impact Analysis for the Final Federal Good Neighbor Plan Addressing Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard  and dated March 2023;
(vi)
the document of the Environmental Protection Agency entitled  Regulatory Impact Analysis for the Final National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review  and dated April 2024;
(vii)
the document of the Environmental Protection Agency entitled  Benefit and Cost Analysis for Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category  and dated April 18, 2024; or
(viii)
any successor or substantially related document; and
(B)
any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.
(3)
Social cost of greenhouse gases
The term  social cost of greenhouse gases  means—
(A)
the estimate of the social cost of any greenhouse gas that is described in—
(i)
the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled  Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866  and dated February 2010;
(ii)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , dated May 2013, revised in November 2013 and July 2015, and published and revised in August 2016;
(iii)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide  and dated August 2016;
(iv)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990  and dated February 2021; or
(v)
any successor or substantially related document; and
(B)
any other estimate of the monetized damages associated with an incremental increase in greenhouse gas emissions in a given year.
(4)
Social cost of methane
The term  social cost of methane  means—
(A)
the estimate of the social cost of methane described in—
(i)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide  and dated August 2016;
(ii)
the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled  Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990  and dated February 2021;
(iii)
the document of the Environmental Protection Agency entitled  Benefit and Cost Analysis for Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category  and dated April 18, 2024; or
(iv)
any successor or substantially related document; and
(B)
any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year.
(5)
Social cost of nitrous oxide
The term  social cost of nitrous oxide  means—
(A)
the estimate of the social cost of nitrous oxide described in—
(i)
the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled  Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide  and dated August 2016;
(ii)
the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled  Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990  and dated February 2021; or
(iii)
any other successor or substantially related document; and
(B)
any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year.
3.
Prohibition on considering the social cost of greenhouse gases, including the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide
The head of a Federal agency may not consider the social cost of carbon, the social cost of methane, the social cost of nitrous oxide, or the social cost of greenhouse gases—
(1)
as part of any cost-benefit or cost-effectiveness analysis required under—
(A)
any law;
(B)
Executive Order 12866 ( 5 U.S.C. 601  note; relating to regulatory planning and review); or
(C)
Executive Order 13563 ( 5 U.S.C. 601  note; relating to improving regulation and regulatory review);
(2)
in any rulemaking;
(3)
in the issuance of any guidance;
(4)
in taking any other agency action; or
(5)
as a justification for any rulemaking, guidance document, or agency action.
4.
Report to Congress
Not later than 120 days after the date of enactment of this Act, the head of each Federal agency shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 ( 5 U.S.C. 601  note; relating to regulatory planning and review) or other relevant authority.
5.
Prioritizing accuracy in environmental analyses
(a)
Limitation on permitting and regulation
(1)
In general
In carrying out any permitting adjudication or regulatory process—
(A)
the head of each Federal agency shall, in taking into account any environmental considerations, only use such environmental considerations as are explicitly required under an Act of Congress; and
(B)
the use of any environmental consideration not described in subparagraph (A) is prohibited.
(2)
Use of robust methodologies
In carrying out paragraph (1), the head of a Federal agency, in the determination of the head of that Federal agency—
(A)
shall strictly use the most robust methodology of assessment available; and
(B)
shall not use any methodology that is arbitrary or ideologically motivated.
(b)
Regulatory analysis
The head of each Federal agency shall—
(1)
ensure that any estimates to assess the value of changes in greenhouse gas emissions resulting from the actions of that Federal agency, including with respect to the consideration of domestic versus international effects and evaluating appropriate discount rates, are, to the extent permitted by law, consistent with the guidance contained in Office of Management and Budget Circular A–4, dated September 17, 2003; and
(2)
as appropriate and consistent with applicable law, initiate a process to make such changes to any rule, regulation, policy, or action of the Federal agency as may be necessary to ensure consistency with Office of Management and Budget Circular A–4, dated September 17, 2003.