
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7612]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7612. Economic impact analyses


(a) Cost-benefit analysis

    The Administrator, in consultation with the Secretary of Commerce, 
the Secretary of Labor, and the Council on Clean Air Compliance Analysis 
(as established under subsection (f) of this section), shall conduct a 
comprehensive analysis of the impact of this chapter on the public 
health, economy, and environment of the United States. In performing 
such analysis, the Administrator should consider the costs, benefits and 
other effects associated with compliance with each standard issued for--
        (1) a criteria air pollutant subject to a standard issued under 
    section 7409 of this title;
        (2) a hazardous air pollutant listed under section 7412 of this 
    title, including any technology-based standard and any risk-based 
    standard for such pollutant;
        (3) emissions from mobile sources regulated under subchapter II 
    of this chapter;
        (4) a limitation under this chapter for emissions of sulfur 
    dioxide or nitrogen oxides;
        (5) a limitation under subchapter VI of this chapter on the 
    production of any ozone-depleting substance; and
        (6) any other section of this chapter.

(b) Benefits

    In describing the benefits of a standard described in subsection (a) 
of this section, the Administrator shall consider all of the economic, 
public health, and environmental benefits of efforts to comply with such 
standard. In any case where numerical values are assigned to such 
benefits, a default assumption of zero value shall not be assigned to 
such benefits unless supported by specific data. The Administrator shall 
assess how benefits are measured in order to assure that damage to human 
health and the environment is more accurately measured and taken into 
account.

(c) Costs

    In describing the costs of a standard described in subsection (a) of 
this section, the Administrator shall consider the effects of such 
standard on employment, productivity, cost of living, economic growth, 
and the overall economy of the United States.

(d) Initial report

    Not later than 12 months after November 15, 1990, the Administrator, 
in consultation with the Secretary of Commerce, the Secretary of Labor, 
and the Council on Clean Air Compliance Analysis, shall submit a report 
to the Congress that summarizes the results of the analysis described in 
subsection (a) of this section, which reports--
        (1) all costs incurred previous to November 15, 1990, in the 
    effort to comply with such standards; and
        (2) all benefits that have accrued to the United States as a 
    result of such costs.

(e) Biennial updates; future projections

    Not later than 24 months after November 15, 1990, and every 24 
months thereafter, the Administrator, in consultation with the Secretary 
of Commerce, the Secretary of Labor, and the Council on Clean Air 
Compliance Analysis, shall submit a report to the Congress that updates 
the report issued pursuant to subsection (d) of this section, and which, 
in addition, makes projections into the future regarding expected costs, 
benefits, and other effects of compliance with standards pursuant to 
this chapter as listed in subsection (a) of this section.

(f) Appointment of Advisory Council on Clean Air Compliance Analysis

    Not later than 6 months after November 15, 1990, the Administrator, 
in consultation with the Secretary of Commerce and the Secretary of 
Labor, shall appoint an Advisory Council on Clean Air Compliance 
Analysis of not less than nine members (hereafter in this section 
referred to as the ``Council''). In appointing such members, the 
Administrator shall appoint recognized experts in the fields of the 
health and environmental effects of air pollution, economic analysis, 
environmental sciences, and such other fields that the Administrator 
determines to be appropriate.

(g) Duties of Advisory Council

    The Council shall--
        (1) review the data to be used for any analysis required under 
    this section and make recommendations to the Administrator on the 
    use of such data;
        (2) review the methodology used to analyze such data and make 
    recommendations to the Administrator on the use of such methodology; 
    and
        (3) prior to the issuance of a report required under subsection 
    (d) or (e) of this section, review the findings of such report, and 
    make recommendations to the Administrator concerning the validity 
    and utility of such findings.

(July 14, 1955, ch. 360, title III, Sec. 312, formerly Sec. 305, as 
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505; renumbered 
Sec. 312 and amended Pub. L. 91-604, Secs. 12(a), 15(c)(2), Dec. 31, 
1970, 84 Stat. 1705, 1713; Pub. L. 95-95, title II, Sec. 224(c), Aug. 7, 
1977, 91 Stat. 767; Pub. L. 101-549, title VIII, Sec. 812(a), Nov. 15, 
1990, 104 Stat. 2691.)

                          Codification

    Section was formerly classified to section 1857j-1 of this title.


                               Amendments

    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
detailed cost estimate, comprehensive cost and economic impact studies, 
and annual reevaluation; in subsec. (b), personnel study and report to 
President and Congress; and in subsec. (c), cost-effectiveness analyses.
    1977--Subsec. (c). Pub. L. 95-95 added subsec. (c).
    1970--Pub. L. 91-604, Sec. 15(c)(2), substituted ``Administrator'' 
for ``Secretary'' wherever appearing.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                    Termination of Advisory Councils

    Advisory councils established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a council established by the 
President or an officer of the Federal Government, such council is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a council established by Congress, its 
duration is otherwise provided by law. See sections 3(2) and 14 of Pub. 
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 
Title 5, Government Organization and Employees.


          Equivalent Air Quality Controls Among Trading Nations

    Section 811 of Pub. L. 101-549 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) all nations have the responsibility to adopt and enforce 
    effective air quality standards and requirements and the United 
    States, in enacting this Act [see Tables for classification], is 
    carrying out its responsibility in this regard;
        ``(2) as a result of complying with this Act, businesses in the 
    United States will make significant capital investments and incur 
    incremental costs in implementing control technology standards;
        ``(3) such compliance may impair the competitiveness of certain 
    United States jobs, production, processes, and products if foreign 
    goods are produced under less costly environmental standards and 
    requirements than are United States goods; and
        ``(4) mechanisms should be sought through which the United 
    States and its trading partners can agree to eliminate or reduce 
    competitive disadvantages.
    ``(b) Action by the President.--
        ``(1) In general.--Within 18 months after the date of the 
    enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], 
    the President shall submit to the Congress a report--
            ``(A) identifying and evaluating the economic effects of--
                ``(i) the significant air quality standards and controls 
            required under this Act, and
                ``(ii) the differences between the significant standards 
            and controls required under this Act and similar standards 
            and controls adopted and enforced by the major trading 
            partners of the United States,
    on the international competitiveness of United States manufacturers; 
        and
            ``(B) containing a strategy for addressing such economic 
        effects through trade consultations and negotiations.
        ``(2) Additional reporting requirements.--(A) The evaluation 
    required under paragraph (1)(A) shall examine the extent to which 
    the significant air quality standards and controls required under 
    this Act are comparable to existing internationally-agreed norms.
        ``(B) The strategy required to be developed under paragraph 
    (1)(B) shall include recommended options (such as the harmonization 
    of standards and trade adjustment measures) for reducing or 
    eliminating competitive disadvantages caused by differences in 
    standards and controls between the United States and each of its 
    major trading partners.
        ``(3) Public comment.--Interested parties shall be given an 
    opportunity to submit comments regarding the evaluations and 
    strategy required in the report under paragraph (1). The President 
    shall take any such comment into account in preparing the report.
        ``(4) Interim report.--Within 9 months after the date of the 
    enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], 
    the President shall submit to the Congress an interim report on the 
    progress being made in complying with paragraph (1).''


                    GAO Reports on Costs and Benefits

    Section 812(b) of Pub. L. 101-549, which directed Comptroller 
General, commencing on second year after Nov. 15, 1990, and annually 
thereafter, in consultation with other agencies, to report to Congress 
on pollution control strategies and technologies required by Clean Air 
Act Amendments of 1990, was repealed by Pub. L. 104-316, title I, 
Sec. 122(r), Oct. 19, 1996, 110 Stat. 3838.
