EPA proposes new rule to revise rulemaking process for future Clean Air Act regulations

Image of GettyImages-184098109.jpg

Key Takeaways

On June 4, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would revise the rulemaking process for future Clean Air Act (CAA) regulations. The proposed rule would clarify the terms for forecasting the costs and benefits expected from adopting significant regulations under E.O. 12866. The EPA states the new rule would improve the rulemaking process by ensuring “consistent, high-quality analyses;” however, critics believe the rule would effectively make it harder to justify future CAA regulations.

The proposed action consists of three elements. First, it would require a benefit-cost analyses (BCA) for all future significant proposed and final regulations under the CAA. Second, it requires BCAs be developed using the best available scientific information and in accordance with best practices from the economic engineering, physical, and biological sciences. Third, it includes additional requirements to increase transparency in the presentation of the BCA.

The EPA’s recent announcement comes after issuing an Advance Notice of Proposed Rulemaking in June 2018 soliciting public input on whether and how to change the way it considers benefits and costs in making regulatory decisions.

Counties have a direct interest in Clean Air Act regulations. Under the Clean Air Act, states and counties serve as co-regulators with the federal government and are ultimately responsible for implementing new and existing air quality standards.

The EPA seeks public comments on how the agency should weigh the results of cost-benefit analyses in future Clean Air Act Regulations. The agency is accepting comment on the proposed rule for 45 after publication in the Federal Register, which has yet to occur.

Image of GettyImages-184098109.jpg

Attachments

Related News

Union County, Ore. Commissioner Paul Anderes and Grace Donovan, executive director of Eastern Oregon University’s Rural Engagement and Vitality Center, present their Rural Leaders for Economic Mobility capstone project in May 2026. Photo by Charlie Ban
County News

Innovating Solutions Together: Turning Ideas into Results  

NACo CEO Matt Chase: "Every one of these counties started in the same place: a local vision, followed by a search for ideas. NACo builds the networks that connect county officials and other experts." 

electricity
County News

Counties play a growing role in the fight to lower utility costs for residents

County governments rarely have a direct role in the energy market, but a new NACo report finds that counties can often be most effective as advocates, helping lower residents’ utility costs by leveraging state programs, local partnerships and outreach.

2165857864
Advocacy

U.S. Senate advances Bipartisan American Affordability and Jobs Act in initial procedural vote

On Nov. 9, the U.S. Senate advanced the Bipartisan American Affordability and Jobs Act (S. 5653) through a successful vote to invoke cloture. The 73-25 vote sets up further debate and consideration in the chamber.