EPA Releases Proposed Rule on the Type of Scientific Studies the Agency Can Use When Setting Pollution Limits

Image of GettyImages-1159047794.jpg

Key Takeaways

On March 18, the U.S. Environmental Protection Agency’s (EPA) new proposed rule titled “Strengthening Transparency in Regulatory Science” was published in the Federal Register, kicking off a 30-day public comment period. The proposed rule requires the agency to rely heavily on studies that make their underlying data transparent and primarily public when setting pollution standards. The restrictions would apply to research the agency bases regulations on, along with "influential scientific information" the agency disseminates that could affect public policies or private-sector decisions.

Originally proposed by former Administrator Scott Pruitt in 2018, this revised rule comes after the EPA’s Science Advisory Broad criticized the original proposal, which they believe would effectively prevent the agency from using studies on the effects of pollution on human health. Participants in those studies often agree to be studied on the condition that their personal health information remains confidential, making the data unavailable to the public.

The updated proposal broadens the original rule and will allow EPA to conduct studies with non-public data for rulemakings if the authors allow for full access to the data for independent validation. Additionally, the rule would not outright bar studies without public data from consideration.

NACo believes national air and water quality standards should be set using well-founded, peer-reviewed scientific evidence. Public review of standards is essential and should include the range of health effects associated with the pollutant, the levels of pollution as they relate to the effects on health, the characteristics and number of people affected, and the compounded effects when multiple pollutants are present.

The deadline to submit public comments extended to May 18, 2020.

Related News

NACo Associate Legislative Director Emma Conover shows Wake County, N.C. Commissioner Shinica Thomas and her husband, Raymond, the inside of a server rack at a Digital Realty data center in Loudoun County, Va., in October 2025. Photo by Charlie Ban
County News

The "Backslash Backlash:" Counties pivot in the data center buildout

Data center development across the country has put a new focus on county policies, how they regulate land use and more for local residents and how they could shape the path for economic growth built around artificial intelligence and information technology.

The Crusoe data center campus broke ground in June 2025 and inlcudes six buildings. Photo courtesy of Crusoe
County News

Chips, Compute and Counties 

NACo CEO Matt Chase: "The fundamentals remain the same [when it comes to data centers]: demand a seat at the table, study the supply chain, understand the financing capital stacks, ask hard questions and fight for a deal that leaves your community better off — not used and abused."

An associate with Digital Realty shows county officials the cooling system in one of its Loudoun County, Va. data centers in October 2024. Photo by Charlie Ban
County News

Water matters for data centers

Data centers often cluster in a few places, need treated water and use the most when demand is already high in hot weather. This growing demand is driving data center development nationwide, accelerating local proposals and the importance for county officials to understand impacts to energy, land and water resources.