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ing, or emergency is declared as required under regulations of the Administrator and in which no action is taken by either the Administrator, State, or local officials, together with an explanation for the failure to take

action.

LABOR STANDARDS

SEC. 314. The Administrator shall take such action as 42 U.S.C. 7614 may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c).

SEPARABILITY

SEC. 315. If any provision of this Act, or the appli- 42 U.S.C. 7615 cation of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby.

SEWAGE TREATMENT GRANTS

be

SEC. 316. (a) No grant which the Administrator is au- 42 U.S.C. 7616 thorized to make to any applicant for construction of sewage treatment works in any area in any State may withheld, conditioned, or restricted by the Administrator on the basis of any requirement of this Act except as provided in subsection (b).

(b) The Administrator may withhold, condition, or restrict the making of any grant for construction referred to in subsection (a) only if he determines that—

(1) such treatment works will not comply with applicable standards under section 111 or 112,

(2) the State does not have in effect, or is not carrying out, a State implementation plan approved by the Administrator which expressly quantifies and provides for the increase in emissions of each air pollutant (from stationary and mobile sources in any area to which either part C or part D of title I applies for such pollutant) which increase may reasonably be anticipated to result directly or indirectly from the new sewage treatment capacity which would be created by such construction.

42 U.S.C. 7617

(3) the construction of such treatment works would create new sewage treatment capacity which

(A) may reasonably be anticipated to cause or contribute to, directly or indirectly, an increase in emissions of any air pollutant in excess of the increase provided for under the provisions referred to in paragraph (2) for any such area, or

(B) would otherwise not be in conformity with the applicable implementation plan, or (4) such increase in emissions would interfere with, or be inconsistent with, the applicable implementation plan for any other State.

In the case of construction of a treatment works which would result, directly or indirectly, in an increase in emissions of any air pollutant from stationary and mobile sources in an area to which part D of title I applies, the quantification of emissions referred to in paragraph (2) shall include the emissions of any such pollutant resulting directly or indirectly from areawide and nonmajor stationary source growth (mobile and stationary) for each such area.

(c) Nothing in this section shall be construed to amend or alter any provision of the National Environmental Policy Act or to affect any determination as to whether or not the requirements of such Act have been met in the case of the construction of any sewage treatment works.

ECONOMIC IMPACT ASSESSMENT

SEC. 317. (a) This section applies to action of the Administrator is promulgating or revising

(1) any new source standard of performance under section 111 (b),

(2) any regulation under section 111 (d),

(3) any regulation under part B of title I (relating to ozone and stratosphere protection),

(4) any regulation under part C of title I (relating to prevention of significant deterioration of air quality),

(5) any regulation establishing emission standards under section 202 and any other regulation promulgated under that section,

(6) any regulation controlling or prohibiting any fuel or fuel additive under section 211 (c), and

(7) any aircraft emission standard under section. 231. Nothing in this section shall apply to any standard or regulation described in paragraphs (1) through (7) of this subseciton 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 the date of enactment of this section. 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) Before publication of notice of proposed rulemaking with respect to any standard or regulation to which this section applies, the Administrator shall prepare an economic impact assessment respecting such standard or regulation. Such assessment shall be included in the docket required under section 307 (d) (2) and shall be available to the public as provided in section 307(d)(4). Notice of proposed rulemaking shall include notice of such availability together 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;

42 U.S.C. 7618

(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 inadequacy 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.

FINANCIAL DISCLOSURE; CONFLICTS OF INTEREST
SEC. 318. (a) Each person who-

(1) has any known financial interest in (A) any person subject to this Act, or (B) any person who applies for or receives any grant, contract, or other form of financial assistance pursuant to this Act, and

(2) is (A) an officer or employee of the Environmental Protection Agency who performs any function of duty under this Act, (B) a member of the National Commission on Air Quality appointed as a member of the public, or (C) a member of the scientific review committee under section 109 (d) shall, beginning six months after the date of enactment of this section, annually file with the Administrator, a written statement concerning all such interests held by such officer, employee, or member during the preceding calendar year. Such statement shall be available to the public.

(b) The Administrator shall

(1) act within ninety days after the date of enactment of the Clean Air Act Amendments of 1977

(A) to define the term "known financial interest" for purposes of subsection (a) of this section;

(B) to establish the methods by which the requirement to file written statements specified

in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers, employees and members of such statements and the review by the Administrator (or the Commission in the case of members of the Commission) of such statements; and

(2) report to the Congress on June 1 of each calendar year with respect to such statements to the Administrator and the actions taken in regard thereto during the preceding calendar year.

(c) After the date one year after the date of the enactment of this section, no person who

(1) is employed by, serves as attorney for, acts as a consultant for, or holds any other official or contractual relationship to

(A) the owner or operator of any major stationary source or any stationary source which is subject to a standard of performance or emission standard under section 111 or 112,

(B) any manufacturer of any class or category of mobile sources if such mobile sources are subject to regulation under this Act,

(C) any trade or business association of which such owner or operator referred to in subparagraph (A) or such manufacturer referred to in subparagraph (B) is a member or

(D) any organization (whether or not nonprofit) which is a party to litigation, or engaged in political, educational, or informational activities, relating to air quality, or

(2) owns, or has any financial interest in, any stock, bonds, or other financial interest which ownership or interest may be inconsistent with a position as an officer or employee of the Environmental Protection Agency, as determined under regulations of the Administrator,

may concurrently serve as such an officer or employee of the Environmental Protection Agency.

(d) The Administrator shall promulgate rules for purposes of subsections (b) and (c) which

(1) identify specific offices or positions within such agency which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section, and

(2) identify the ownership or financial interests which may be inconsistent with particular regulatory or policymaking offices or positions within the Environmental Protection Agency.

(e) Any officer or employee of the Environmental Protection Agency or member of the National Commission on Air Quality or of the scientific review committee un

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