EPA this week released a new rule addressing how the agency will determine the benefits and costs of rules issued under the Clean Air Act (CAA). The rule, under development for over a year, will:
- For the first time, require benefit-cost analysis (BCA) for significant clean air rules by regulation, rather than simply by a presidential executive order.
- Provide a standardized process for regulatory analysis so the public will be able to see the calculations that informed significant CAA regulatory decisions.
- Make available to the public the underlying data supporting a rule.
- Require a laypersons explanation in CAA rules regarding the results of the benefit-cost analysis.
The rule will likely be published in the Federal Register early in 2021, after which the incoming Biden Administration will determine how to use, or potentially modify, the guidance. See EPA Fact Sheet, Proposed Rule and Final Rule