On June 7, 2018, U.S. EPA issued an advance notice of proposed
rulemaking ("ANPR") aimed at developing a
consistent and transparent interpretation of cost and benefits
consideration in regulatory analyses, including regulations
promulgated pursuant to the Clean Air Act, Clean Water Act, Safe
Drinking Water Act and other statutes. EPA will accept
comments on the ANPR for 30 days after it is published in the
Federal Register.
Assessing costs and benefits has been a contentious part of EPA
rulemakings. For instance, in the Mercury and Air Toxics
(MATS) rulemaking, EPA determined that the monetized cost of the
rule would be $9.6 billion annually whereas the monetized benefit
would be $4-6 million annually. EPA determined that MATS was
nevertheless "appropriate" regulation, but the Supreme
Court reversed, ruling that the agency had improperly refused to
consider costs. While EPA, during the Obama administration,
subsequently modified its "appropriate" determination
