On March 18, 2020 EPA published a revised proposal to limit the use of certain types of scientific studies in policymaking.
In April 2018, EPA proposed the Strengthening Transparency in Regulatory Science Rule, which would restrict EPA to relying only on scientific research for which the underlying data has been made available to the general public. Commenters warned that researchers are often unable to share the confidential information of participants in public health studies. In the revised proposal, EPA offers two alternatives: 1) prohibiting EPA from relying on studies for which the underlying data is not available for validation; or (2) allowing EPA to use such studies, but giving them lesser weight than those for which the underlying data is available. EPA is seeking comment on which approach should be adopted.
The revisions would also expand the rule in several ways. Whereas the original proposal would only have restricted the use of dose-response research, the revised proposal applies to all scientific studies. The proposal would also broaden the rule's scope so that it applies to all "influential scientific information," defined as "scientific information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions." The original proposal would have applied only to scientific information underlying significant regulatory actions.
Comments are due on May 18, 2020.