EPA is combating overregulation by over-regulating
The Trump administration has heralded, in words and deeds, its determination to reduce the number of federal regulations and their economic impacts. In a total contradiction, Trump's Environmental and Protection Agency (EPA) has now proposed a new regulation that is totally unnecessary, provides no benefit to public health or the environment and appears designed only to yield lawsuits and delays.
The proposed regulation specifies how cost-benefit analyses must be prepared for every significant new rule under the Clean Air Act (CAA). But here's the problem: There is nothing in the CAA that requires cost-benefit analyses. In fact, for some CAA rules, such as health-protective air quality standards, consideration of costs is not even allowed.
Why, then, do we need this regulation? Will it help reduce pollution and improve air quality? It will not. This regulation asks nothing of polluters, or of the city and state agencies that help control air pollution. EPA's own proposal says, "This proposed procedural rule would not regulate any person or entity outside the EPA." In other words, the regulation is aimed at the EPA's own staff; its purpose is to place obstacles in their path as they attempt to rein in polluters.
You may wonder if there is a need to determine whether regulations on air pollution are worth their costs. But, contrary to the myth of overly burdensome regulations, EPA's rules have long produced benefits that vastly exceed costs. In fact, the Trump administration's own Office of Management and Budget (OMB) in a 2018 report to Congress, concluded that rules from EPA had the "highest estimated benefits" across the federal government. An earlier study of 30 years of air quality improvements under the CAA found benefits more than 30 times greater than costs.
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