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42 U.S.C. § 7612 — Economic impact analyses

submitted 71 years ago by Pub. L. 90-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 572 words · no verdicts yet

in plain englishAI-generated · not legal advice

The EPA must study how the Clean Air Act affects public health, the economy, and the environment. An Advisory Council reviews the data and methods used, and the EPA must report the results to Congress.

(a) Cost-benefit analysis. The Administrator, consulting with the Secretaries of Commerce and Labor and the Council on Clean Air Compliance Analysis established under subsection (f), must comprehensively analyze this chapter’s effects on the public health, economy, and environment of the United States. The Administrator should consider the costs, benefits, and other effects of complying with standards for criteria air pollutants under section 7409; hazardous air pollutants listed under section 7412, including technology-based and risk-based standards; mobile-source emissions under subchapter II; limits on sulfur dioxide or nitrogen oxide emissions; limits under subchapter VI on producing ozone-depleting substances; and any other section of this chapter.

(b) Benefits. The Administrator must consider all economic, public-health, and environmental benefits of efforts to comply with the standard. If benefits are given numerical values, the Administrator may not assume a value of zero unless specific data supports that assumption. The Administrator must assess how benefits are measured so damage to human health and the environment is measured and considered more accurately.

(c) Costs. The Administrator must consider the standard’s effects on employment, productivity, cost of living, economic growth, and the overall United States economy.

(d) Initial report. Within 12 months after November 15, 1990, the Administrator, consulting with the Secretaries and the Council, must submit to Congress a report summarizing the analysis under subsection (a). The report must state all costs incurred before November 15, 1990, to comply with the standards and all benefits that accrued to the United States because of those costs.

(e) Omitted.

(f) Appointment of Advisory Council. Within 6 months after November 15, 1990, the Administrator, consulting with the Secretaries of Commerce and Labor, must appoint an Advisory Council on Clean Air Compliance Analysis of at least nine members. This section calls it the “Council”. The Administrator must appoint recognized experts in the health and environmental effects of air pollution, economic analysis, environmental sciences, and other fields the Administrator considers appropriate.

(g) Duties. The Council must review data to be used for an analysis under this section and recommend how the Administrator should use it; review the methodology used to analyze the data and recommend how the Administrator should use that methodology; and, before a report required under subsection (d) or (e) is issued, review the report’s findings and recommend to the Administrator whether those findings are valid and useful.

the actual law source: uscode.house.gov ↗public domain
(a) Cost-benefit analysis

The Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis (as established under subsection (f) of this section), shall conduct a comprehensive analysis of the impact of this chapter on the public health, economy, and environment of the United States. In performing such analysis, the Administrator should consider the costs, benefits and other effects associated with compliance with each standard issued for—

(1)

a criteria air pollutant subject to a standard issued under section 7409 of this title;

(2)

a hazardous air pollutant listed under section 7412 of this title, including any technology-based standard and any risk-based standard for such pollutant;

(3)

emissions from mobile sources regulated under subchapter II of this chapter;

(4)

a limitation under this chapter for emissions of sulfur dioxide or nitrogen oxides;

(5)

a limitation under subchapter VI of this chapter on the production of any ozone-depleting substance; and

(6)

any other section of this chapter.

(b) Benefits

In describing the benefits of a standard described in subsection (a), the Administrator shall consider all of the economic, public health, and environmental benefits of efforts to comply with such standard. In any case where numerical values are assigned to such benefits, a default assumption of zero value shall not be assigned to such benefits unless supported by specific data. The Administrator shall assess how benefits are measured in order to assure that damage to human health and the environment is more accurately measured and taken into account.

(c) Costs

In describing the costs of a standard described in subsection (a), the Administrator shall consider the effects of such standard on employment, productivity, cost of living, economic growth, and the overall economy of the United States.

(d) Initial report

Not later than 12 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis, shall submit a report to the Congress that summarizes the results of the analysis described in subsection (a), which reports—

(1)

all costs incurred previous to November 15, 1990, in the effort to comply with such standards; and

(2)

all benefits that have accrued to the United States as a result of such costs.

(e) Omitted

(f) Appointment of Advisory Council on Clean Air Compliance Analysis

Not later than 6 months after November 15, 1990, the Administrator, in consultation with the Secretary of Commerce and the Secretary of Labor, shall appoint an Advisory Council on Clean Air Compliance Analysis of not less than nine members (hereafter in this section referred to as the “Council”). In appointing such members, the Administrator shall appoint recognized experts in the fields of the health and environmental effects of air pollution, economic analysis, environmental sciences, and such other fields that the Administrator determines to be appropriate.

(g) Duties of Advisory Council

The Council shall—

(1)

review the data to be used for any analysis required under this section and make recommendations to the Administrator on the use of such data;

(2)

review the methodology used to analyze such data and make recommendations to the Administrator on the use of such methodology; and

(3)

prior to the issuance of a report required under subsection (d) or (e), review the findings of such report, and make recommendations to the Administrator concerning the validity and utility of such findings.

Source credit: (July 14, 1955, ch. 360, title III, § 312, formerly § 305, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 505; renumbered § 312 and amended Pub. L. 91–604, §§ 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713; Pub. L. 95–95, title II, § 224(c), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101–549, title VIII, § 812(a), Nov. 15, 1990, 104 Stat. 2691.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 90-148 · 81 Stat. 505
  • 1970Amended · Pub. L. 91-604 · 84 Stat. 1705, 1713
  • 1977Amended · Pub. L. 95-95 · 91 Stat. 767
  • 1990Amended · Pub. L. 101-549 · 104 Stat. 2691

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-148 on 1955-07-14.

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