Page:United States Statutes at Large Volume 91.djvu/813

 PUBLIC LAW 95-95—AUG. 7, 1977 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). Each such explanation shall be part of the statements of basis and purpose required under sections 307(d)(3) and 307(d)(6). "(c) 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) 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 Act. "(e) Nothing in this section shall be construed— "(1) to alter the basis on which a standard or regulation is promulgated under this Act; "(2) to preclude the Administrator from carrying out his responsibility under this Act 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) The requirements imposed on the Administrator under this section shall be treated as nondiscretionary duties for purposes of section 304(a)(2), 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 304(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) In the case of any provision of this Act in which costs are expressly required to be taken into account, the adequacy or inadefjuacy 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.".

91 STAT. 779

Ante, p. 772. Analysis.

42 USC 7604. Court order. Violation, penalties.

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