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NORTHERN CALIFORNIA RECORD

Friday, May 3, 2024

Business and environmental coalition seek extensions for comments on EPA regulations

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Amid the COVID-19 pandemic, business and environmental groups want longer periods for public comment on EPA regulations | Wikimedia Commons

At the urging of a coalition of business and environmental groups, the U.S. Environmental Protection Agency has issued an extension to the public comment period for a proposed rule addressing transparency in regulatory science.

Comments were set to expire April 17, but were extended 30 days, until May 18, Carrie Apfel, a staff attorney with Earthjustice told the Northern California Record.

The notice on “Strengthening Transparency in Regulatory Science” was published in the Federal Register April 17.

Earthjustice had sought a longer extension, for at least 60 days after the national emergency was lifted.

The coalition also has sought a more comprehensive approach to extending public comment periods on a number of complex pending regulations, according to a report by CalChamber.

A March 19 letter from Jared Blumenfeld, Secretary for California Environmental Protection (CAL/EPA), for example, stressed the need to balance public health with providing key technical information.

“The State of California has been a leader in attempting to proactively contain the coronavirus,” Blumenfeld wrote. “Governor [Gavin] Newsom declared a State of Emergency on March 4, 2020. Many local jurisdictions in California—including Sacramento, where Cal/EPA’s headquarters is located—have issued ‘stay at home’ orders. Like other state agencies, Cal/EPA is working hard to reduce the risk of further contagion while continuing to provide our essential services to the public. But these circumstances do limit the ability of Cal/EPA to fully comment on a complex US EPA rulemaking in only 30 days.”

Given the safety and logistical difficulties caused by the coronavirus, it’s become even more important to allow for reasonable extensions, Patti Goldman, a managing attorney with Earthjustice told the Record.

“Our concern is it could shut the public out, particularly people who don’t have the time or the bandwidth, literally, to engage in these processes, and that their voices won’t be heard,” Goldman said.

And given the importance of epidemiology in the face of the coronavirus, full input from the scientific community is crucial, she added.

“Imagine how many scientists could have a lot to tell us about this as it relates to public policy right now when it is in front of us every day,” Goldman said.

“EPA is committed to giving the public ample time to participate in the rulemaking process,” EPA Administrator Andrew Wheeler said in a news release. “By extending the comment period, we are listening to stakeholders and giving them more time to provide valuable input on how EPA can improve the science underlying its rules. When finalized, the science transparency rule will ensure that all important studies underlying significant regulatory actions at the EPA, regardless of their source, are available for a transparent review by qualified scientists.”

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