
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: 42USC7617]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7617. Economic impact assessment


(a) Notice of proposed rulemaking; substantial revisions

    This section applies to action of the Administrator in promulgating 
or revising--
        (1) any new source standard of performance under section 7411 of 
    this title,
        (2) any regulation under section 7411(d) of this title,
        (3) any regulation under part B \1\ of subchapter I of this 
    chapter (relating to ozone and stratosphere protection),
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (4) any regulation under part C of subchapter I of this chapter 
    (relating to prevention of significant deterioration of air 
    quality),
        (5) any regulation establishing emission standards under section 
    7521 of this title and any other regulation promulgated under that 
    section,
        (6) any regulation controlling or prohibiting any fuel or fuel 
    additive under section 7545(c) of this title, and
        (7) any aircraft emission standard under section 7571 of this 
    title.

Nothing in this section shall apply to any standard or regulation 
described in paragraphs (1) through (7) of this subsection unless the 
notice of proposed rulemaking in connection with such standard or 
regulation is published in the Federal Register after the date ninety 
days after August 7, 1977. In the case of revisions of such standards or 
regulations, this section shall apply only to revisions which the 
Administrator determines to be substantial revisions.

(b) Preparation of assessment by Administrator

    Before publication of notice of proposed rulemaking with respect to 
any standard or regulation to which this section applies, the 
Administrator shall prepare an economic impact assessment respecting 
such standard or regulation. Such assessment shall be included in the 
docket required under section 7607(d)(2) of this title and shall be 
available to the public as provided in section 7607(d)(4) of this title. 
Notice of proposed rulemaking shall include notice of such availability 
together with an explanation of the extent and manner in which the 
Administrator has considered the analysis contained in such economic 
impact assessment in proposing the action. The Administrator shall also 
provide such an explanation in his notice of promulgation of any 
regulation or standard referred to in subsection (a) of this section. 
Each such explanation shall be part of the statements of basis and 
purpose required under sections 7607(d)(3) and 7607(d)(6) of this title.

(c) Analysis

    Subject to subsection (d) of this section, the assessment required 
under this section with respect to any standard or regulation shall 
contain an analysis of--
        (1) the costs of compliance with any such standard or 
    regulation, including extent to which the costs of compliance will 
    vary depending on (A) the effective date of the standard or 
    regulation, and (B) the development of less expensive, more 
    efficient means or methods of compliance with the standard or 
    regulation;
        (2) the potential inflationary or recessionary effects of the 
    standard or regulation;
        (3) the effects on competition of the standard or regulation 
    with respect to small business;
        (4) the effects of the standard or regulation on consumer costs; 
    and
        (5) the effects of the standard or regulation on energy use.

Nothing in this section shall be construed to provide that the analysis 
of the factors specified in this subsection affects or alters the 
factors which the Administrator is required to consider in taking any 
action referred to in subsection (a) of this section.

(d) Extensiveness of assessment

    The assessment required under this section shall be as extensive as 
practicable, in the judgment of the Administrator taking into account 
the time and resources available to the Environmental Protection Agency 
and other duties and authorities which the Administrator is required to 
carry out under this chapter.

(e) Limitations on construction of section

    Nothing in this section shall be construed--
        (1) to alter the basis on which a standard or regulation is 
    promulgated under this chapter;
        (2) to preclude the Administrator from carrying out his 
    responsibility under this chapter to protect public health and 
    welfare; or
        (3) to authorize or require any judicial review of any such 
    standard or regulation, or any stay or injunction of the proposal, 
    promulgation, or effectiveness of such standard or regulation on the 
    basis of failure to comply with this section.

(f) Citizen suits

    The requirements imposed on the Administrator under this section 
shall be treated as nondiscretionary duties for purposes of section 
7604(a)(2) of this title, relating to citizen suits. The sole method for 
enforcement of the Administrator's duty under this section shall be by 
bringing a citizen suit under such section 7604(a)(2) for a court order 
to compel the Administrator to perform such duty. Violation of any such 
order shall subject the Administrator to penalties for contempt of 
court.

(g) Costs

    In the case of any provision of this chapter in which costs are 
expressly required to be taken into account, the adequacy or inadequacy 
of any assessment required under this section may be taken into 
consideration, but shall not be treated for purposes of judicial review 
of any such provision as conclusive with respect to compliance or 
noncompliance with the requirement of such provision to take cost into 
account.

(July 14, 1955, ch. 360, title III, Sec. 317, as added Pub. L. 95-95, 
title III, Sec. 307, Aug. 7, 1977, 91 Stat. 778; amended Pub. L. 95-623, 
Sec. 13(d), Nov. 9, 1978, 92 Stat. 3458.)

                       References in Text

    Part B of subchapter I of this chapter, referred to in subsec. 
(a)(3), was repealed by Pub. L. 101-549, title VI, Sec. 601, Nov. 15, 
1990, 104 Stat. 2648. See subchapter VI (Sec. 7671 et seq.) of this 
chapter.

                          Codification

    Another section 317 of act July 14, 1955, is set out as a Short 
Title note under section 7401 of this title.


                               Amendments

    1978--Subsec. (a)(1). Pub. L. 95-623 substituted ``section 7411'' 
for ``section 7411(b)''.


                             Effective Date

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