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May 25, 2018

EPA Extends Comment Period On Proposal To Strengthen Transparency In Regulatory Science

Lynn L. Bergeson

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) extended until August 16, 2018, the comment period on its proposed rule titled “Strengthening Transparency in Regulatory Science.”  83 Fed. Reg. 24255.  EPA also announced that it will hold a public hearing on the controversial proposed rule on July 17, 2018.  The April 30, 2018, proposal (83 Fed. Reg. 18768) is intended to strengthen the transparency of EPA regulatory science.  The proposed regulation provides that for the science pivotal to EPA’s significant regulatory actions, EPA will ensure that the data and models underlying the science is publicly available in a manner sufficient for validation and analysis.  The rule has sparked controversy, as many stakeholders view it as an attempt by EPA to dilute science-based regulatory decisions.  Among other reasons for the extension is the request made of 20 Senators on May 15 seeking an extension of the comment period on the controversial proposal.  They joined various state Attorneys General, among others, in claiming the proposal had far-reaching implications and required far more than 30 days for comment.

More information about the proposed science rule is available in our memorandum EPA Releases Strengthening Transparency in Regulatory Science Proposed Rule.