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July 15, 2020

EPA Extends Comment Period For Proposed Rulemaking “Increasing Consistency And Transparency In Considering Benefits And Costs In The Clean Air Act Rulemaking Process”

Bergeson & Campbell, P.C.

On June 19, 2020, the U.S. Environmental Protection Agency (EPA) extended the comment period on its June 11, 2020, proposed rulemaking “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.” 85 Fed. Reg. 37057. Comments are due August 3, 2020. EPA held a virtual public hearing on the proposed rulemaking on July 1, 2020, to provide interested parties the opportunity to present data, views, or arguments concerning EPA’s proposed requirements for benefits and costs analyses for Clean Air Act (CAA) rulemakings. According to EPA’s June 4, 2020, press release, the final rule “will codify best practices for benefit-cost analysis in rulemaking, and provide clarity for states, local communities and industry regarding EPA’s rulemaking considerations.” The fact sheet states that the proposed regulation consists of three main requirements: EPA will prepare a benefit-cost analysis (BCA) for all future significant proposed and final regulations under the CAA; the BCA should be developed in accordance with best practices from the economic, engineering, physical, and biological sciences; and EPA must increase transparency in the presentation of the benefits resulting from significant CAA regulations.