|
U.S. Code as of:
01/19/04
Section 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),
(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.
|
|