"King, Heidi R." <Heidi_R._King@omb.eop.gov> 

01/09/2008 01:43 PM

	

To

Ron Evans/RTP/USEPA/US@EPA

cc

Subject

Ron, a EPA final rule example of Energy EO text









H. Executive Order 13211: Actions That Significantly Affect Energy
Supply,

Distribution, or Use

Executive Order 13211, “Actions Concerning Regulations That
Significantly Affect

Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)),
requires EPA to prepare

and submit a Statement of Energy Effects to the Administrator of the
Office of Information and

Regulatory Affairs, Office of Management and Budget, 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 proposed rulemaking, and notices
of proposed 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.” We have prepared a Statement of
Energy Effects for this action

as follows.

This rule’s potential effects on energy supply, distribution, or use
have been analyzed and

are discussed in detail in section 5.8 of the RIA. In summary, while we
project that this rule

would result in an energy effect that exceeds the 4,000 barrel per day
threshold noted in E.O.

13211 in or around the year 2022 and thereafter, the program consists of
performance-based

standards with averaging, banking, and trading provisions that make it
likely that our estimated

impact is overstated. Further, the fuel consumption estimates upon which
we are basing this

energy effect analysis, which are discussed in full in sections 5.4 and
5.5 of the RIA, do not

reflect the potential fuel savings associated with automatic engine
stop/start (AESS) systems or

other idle reduction technologies. Such technologies can provide
significant fuel savings which

Locomotive and Marine FRM Preamble

178/181

could offset our projected estimates of increased fuel consumption.
Nonetheless, our projections

show that this rule could result in energy usage exceeding the 4,000
barrel per day threshold

noted in E.O. 13211.

