On June 4, 2020, the U.S. Environmental Protection Agency issued proposed regulations that require future significant Clean Air Act regulations be accompanied by a benefit-cost analysis. The proposal started the clock on a 45-day public comment period. EPA intends the proposed regulations to ensure information concerning the benefits and costs of regulatory decisions are developed in a consistent manner and communicated to the public.
The proposed regulation consists of three main requirements:
- EPA will prepare a Benefit-Cost Analysis (BCA) for all future significant proposed and final air regulations
- The BCA should be developed in accordance with best available practices from the economic, engineering, physical, and biological sciences
- EPA must increase transparency in the presentation of the benefits resulting from significant regulations, including total costs and benefits in public health and welfare
EPA plans the proposed rule to address future significant rulemaking under the Clean Air Act. If codified, it is not intended to address or modify current rules.
“New rule-making can take months and even years to be finalized,” said Kurt Gilliam, Cornerstone’s Director of Environmental Services. “We estimate that the proposed rule will likely not become final until the Fall of 2020, if at all.”
Environmental groups have expressed concerns that the new regulation will benefit businesses that operate with Clean Air Act permits and allow the agency to justify weakening clean air and climate change regulations with economic arguments. Gilliam’s take on this is “while the spirit of the proposed regulations would point to favorable changes to permittees, it is not practical to provide an accurate assessment at this stage.”
Where can I get more information?
To read the EPA’s Fact Sheet about the proposed rule:
click here
To view the full proposed rule in the Federal Register:
click here
To discuss your business’ current or future Clean Air Act permits, contact Cornerstone at
info@corner-enviro.com or (800) 285-2568.