§7617 Economic Impact Assessment

Summary

The EPA Administrator must prepare an economic impact assessment before publishing a proposed rule for seven kinds of air pollution standards, such as new-source performance rules, ozone and stratosphere protections, prevention-of-significant-deterioration rules, fuel and fuel-additive controls, and aircraft emission limits. That requirement only applies if the proposed rule is published in the Federal Register after 90 days after August 7, 1977, and for revisions it applies only to revisions the Administrator decides are substantial. The assessment must be put in the public docket and the proposed rule must say it is available and explain how the assessment was used. The assessment should, as far as practical given time and resources, analyze compliance costs (and how costs change with the rule’s start date or new cheaper methods), possible inflation or recession effects, effects on competition for small businesses, effects on consumer costs, and effects on energy use. Preparing the assessment does not change how rules are legally decided, does not stop the EPA from protecting health and welfare, and does not let courts delay or block a rule just because the assessment was not done. The Administrator’s duty to prepare the assessment can only be enforced by a citizen lawsuit to compel action, and breaking a court order can lead to contempt penalties.