42 U.S.C. § 7617 — Economic impact assessment

Page 7402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7617 1 See References in Text note below. mental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. PRIOR PROVISIONS A prior section 316 of act July 14, 1955, ch. 360, title III, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306 and amended Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), (6), (7), 79 Stat. 992; Oct. 15, 1966, Pub. L. 89–675, § 2(a), 80 Stat. 954; renum- bered § 309 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L. 93–15, § 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93–319, § 13(c), 88 Stat. 265, authorized appropriations for air pollution control, prior to repeal by section 306 of Pub. L. 95–95. See section 7626 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly 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. § 7617. Economic impact assessment (a) Notice of proposed rulemaking; substantial revisions This section applies to action of the Adminis- trator 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 sub- chapter I (relating to ozone and stratosphere protection), (4) any regulation under part C of subchapter I (relating to prevention of significant deterio- ration 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 sec- tion 7571 of this title. Nothing in this section shall apply to any stand- ard 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 Fed- eral 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 rule- making with respect to any standard or regula- tion to which this section applies, the Adminis- trator shall prepare an economic impact assess- ment 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 avail- ability together with an explanation of the ex- tent and manner in which the Administrator has considered the analysis contained in such eco- nomic impact assessment in proposing the ac- tion. The Administrator shall also provide such an explanation in his notice of promulgation of any regulation or standard referred to in sub- section (a). 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), the assessment re- quired 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 de- pending on (A) the effective date of the stand- ard or regulation, and (B) the development of less expensive, more efficient means or meth- ods of compliance with the standard or regula- tion; (2) the potential inflationary or recessionary effects of the standard or regulation; (3) the effects on competition of the stand- ard or regulation with respect to small busi- ness; (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 The assessment required under this section shall be as extensive as practicable, in the judg- ment of the Administrator taking into account the time and resources available to the Environ- mental 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 car- rying out his responsibility under this chapter to protect public health and welfare; or (3) to authorize or require any judicial re- view of any such standard or regulation, or any stay or injunction of the proposal, pro- mulgation, 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 Adminis- trator under this section shall be treated as non- discretionary duties for purposes of section Page 7403 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7619 1 So in original. Probably should be ‘‘of’’. 7604(a)(2) of this title, relating to citizen suits. The sole method for enforcement of the Admin- istrator’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 Admin- istrator 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 treat- ed for purposes of judicial review of any such provision as conclusive with respect to compli- ance or noncompliance with the requirement of such provision to take cost into account. (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.) Editorial Notes REFERENCES IN TEXT Part B of subchapter I, referred to in subsec. (a)(3), was repealed by Pub. L. 101–549, title VI, § 601, Nov. 15, 1990, 104 Stat. 2648. See subchapter VI (§ 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 ‘‘sec- tion 7411’’ for ‘‘section 7411(b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly 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. § 7618. Repealed. Pub. L. 101–549, title I, § 108(q), Nov. 15, 1990, 104 Stat. 2469 Section, act July 14, 1955, ch. 360, title III, § 318, as added Aug. 7, 1977, Pub. L. 95–95, title III, § 308, 91 Stat. 780, related to financial disclosure and conflicts of in- terest. § 7619. Air quality monitoring (a) In general After notice and opportunity for public hear- ing, the Administrator shall promulgate regula- tions establishing an air quality monitoring sys- tem throughout the United States which— (1) utilizes uniform air quality monitoring criteria and methodology and measures such air quality according to a uniform air quality index, (2) provides for air quality monitoring sta- tions in major urban areas and other appro- priate areas throughout the United States to provide monitoring such as will supplement (but not duplicate) air quality monitoring car- ried out by the States required under any ap- plicable implementation plan, (3) provides for daily analysis and reporting of air quality based upon such uniform air quality index, and (4) provides for recordkeeping with respect to such monitoring data and for periodic anal- ysis and reporting to the general public by the Administrator with respect to air quality based upon such data. The operation of such air quality monitoring system may be carried out by the Administrator or by such other departments, agencies, or enti- ties of the Federal Government (including the National Weather Service) as the President may deem appropriate. Any air quality monitoring system required under any applicable implemen- tation plan under section 7410 of this title shall, as soon as practicable following promulgation of regulations under this section, utilize the stand- ard criteria and methodology, and measure air quality according to the standard index, estab- lished under such regulations. (b) Air quality monitoring data influenced by ex- ceptional events (1) Definition of exceptional event In this section: (A) In general The term ‘‘exceptional event’’ means an event that— (i) affects air quality; (ii) is not reasonably controllable or pre- ventable; (iii) is an event caused by human activ- ity that is unlikely to recur at a particular location or a natural event; and (iv) is determined by the Administrator through the process established in the reg- ulations promulgated under paragraph (2) to be an exceptional event. (B) Exclusions In this subsection, the term ‘‘exceptional event’’ does not include— (i) stagnation of air masses or meteoro- logical inversions; (ii) a meteorological event involving high temperatures or lack of precipitation; or (iii) air pollution relating to source non- compliance. (2) Regulations (A) Proposed regulations Not later than March 1, 2006, after con- sultation with Federal land managers and State air pollution control agencies, the Ad- ministrator shall publish in the Federal Reg- ister proposed regulations governing the re- view and handling of air quality monitoring data influenced by exceptional events. (B) Final regulations Not later than 1 year after the date on which the Administrator publishes proposed regulations under subparagraph (A), and after providing an opportunity for interested persons to make oral presentations of views, data, and arguments regarding the proposed regulations, the Administrator shall promul- gate final regulations governing the review and handling or 1 air quality monitoring data