H.
Executive
Order
13211:
Actions
Concerning
Regulations
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
Executive
Order
13211
(
66
FR
28355,
May
22,
2001)
provides
that
agencies
shall
prepare
and
submit
to
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
a
Statement
of
Energy
Effects
for
certain
actions
identified
as
"
significant
energy
actions."
Section
4(
b)
of
Executive
Order
13211
defines
"
significant
energy
actions"
as
"
any
action
by
an
agency
(
normally
published
in
the
Federal
Register)
that
promulgates
or
is
expected
to
lead
to
the
promulgation
of
a
final
rule
or
regulation,
including
notices
of
inquiry,
advance
notices
of
final
rulemaking,
and
notices
of
final
rulemaking:
(
1)
(
i)
That
is
a
significant
regulatory
action
under
Executive
Order
12866
or
any
successor
order,
and
(
ii)
is
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy;
or
(
2)
that
is
designated
by
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs
as
a
"
significant
energy
action."
The
final
rule
is
not
a
"
significant
energy
action"
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
The
basis
for
the
determination
is
as
follows.
The
reduction
in
petroleum
product
output,
which
includes
reductions
in
fuel
production,
is
estimated
at
only
0.001
percent,
or
about
68
barrels
per
day
based
on
2000
U.
S.
fuel
production
nationwide.
That
is
a
minimal
reduction
in
nationwide
petroleum
product
output.
The
reduction
in
coal
production
is
estimated
at
only
0.014
percent,
or
about
3.5
million
tons
per
year
(
or
less
than
1,000
tons
per
day)
based
on
2000
U.
S.
coal
production
nationwide.
The
combination
of
the
increase
in
electricity
usage
estimated
with
the
effect
of
the
increased
price
of
affected
output
yields
an
increase
in
electricity
output
estimated
at
only
0.012
percent,
or
about
0.72
billion
kilowatthours
per
year
based
on
2000
U.
S.
electricity
production
nationwide.
All
energy
price
changes
estimated
show
no
increase
in
price
more
than
0.05
percent
nationwide,
and
a
similar
result
occurs
for
energy
distribution
costs.
We
also
expect
that
there
will
be
no
discernable
impact
on
the
import
of
foreign
energy
supplies,
and
no
other
adverse
outcomes
are
expected
to
occur
with
regards
to
energy
supplies.
All
of
the
results
presented
above
account
for
the
pass
through
of
costs
to
consumers,
as
well
as
the
cost
impact
to
producers.
For
more
information
on
the
estimated
energy
effects,
please
refer
to
the
economic
impact
analysis
for
the
final
rule.
The
analysis
is
available
in
the
public
docket.
It
should
be
noted
that
these
energy
impact
estimates
are
in
advance
of
any
facility
demonstrating
eligibility
for
the
health­
based
compliance
alternatives.
Depending
on
the
number
of
affected
facilities
demonstrating
eligibility
for
the
health­
based
compliance
alternatives,
the
reduction
in
petroleum
product
output,
which
includes
reductions
in
fuel
production,
could
fall
to
65
barrels
per
day,
or
only
0.001
percent.
The
reduction
is
in
coal
production
could
fall
to
only
0.010
percent,
or
about
2.5
million
tons
per
year
based
on
2000
U.
S.
coal
production
nationwide.
The
combination
of
the
increase
in
electricity
usage
estimated
with
the
effect
of
the
increased
price
of
affected
output
could
yield
an
increase
in
electricity
output
could
fall
to
only
0.0067
percent,
or
about
0.40
billion
kilowatt­
hours
per
year
based
on
2000
U.
S.
electricity
production
nationwide.
All
energy
price
changes
estimated
could
now
fall
to
increases
of
no
more
than
0.04
percent
nationwide,
and
a
similar
result
occurs
for
energy
distribution
costs.
There
should
be
no
discernable
impact
on
import
of
foreign
energy
supplies,
and
no
other
adverse
outcomes
are
expected
to
occur
with
regards
to
energy
supplies.
All
of
the
results
presented
with
presumption
of
the
health­
based
compliance
alternatives
also
account
for
the
pass
through
of
costs
to
consumers
as
well
as
the
cost
impact
to
producers.
Therefore,
we
conclude
that
the
final
rule
when
implemented
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
