42 USC 7617 - Economic impact assessment

U.S Code last checked for updates: Apr 28, 2024

§ 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

 See References in Text note below.

of subchapter I (relating to ozone and stratosphere protection),

(4)

any regulation under part C of subchapter I (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

(c)

Analysis

Subject to subsection (d), 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).

(d)

Extensiveness of assessment

(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

(g)

Costs

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

cite as: 42 USC 7617