EPA Announces Supplement to Science Transparency Proposed Rule

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the U.S. Environmental Protection Agency (EPA) announced a supplemental notice of proposed rulemaking to the Strengthening Transparency in Regulatory Science proposed rule. This notice is not a new rulemaking; rather, it provides clarifications on certain terms and aspects of the 2018 proposed rule. The Agency anticipates promulgating a final rule later this year.

“These additions and clarifications to the proposed rule will ensure that the science supporting the agency’s decisions is transparent and available for independent validation while still maintaining protection of confidential and personally identifiable information,” said EPA Administrator Andrew Wheeler. “I am committed to ensuring that the science underlying EPA’s actions is of the highest quality. When finalized, the science transparency rule will ensure that all pivotal studies underpinning significant regulatory actions at the EPA, regardless of their source, are available for transparent review by qualified scientists.”

Today’s notice is a supplement to clarify points in the 2018 proposed rule, this is not a new rule. The Supplemental:

  •  proposes that the scope of the rulemaking applies to influential scientific information as well as significant regulatory decisions;
  • defines and clarifies that the proposed rule applies to data and models underlying both pivotal science and pivotal regulatory science;
  • proposes a modified approach to the availability provisions for data and models that would underly influential scientific information and significant regulatory decisions, as well as an alternate approach; and,
  • clarifies the ability of the Administrator to grant exemptions.

EPA is taking comment on whether to use its housekeeping authority independently or in conjunction with appropriate environmental statutory provisions as authority for taking this action.

The supplemental notice of proposed rulemaking will be open for public comment 30 days after it publishes in the Federal Register.

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