Today, a subcommittee of the Senate Environment and Public Works Committee is holding a hearing on EPA's recent proposal to revise the national ozone standard. EPA has proposed tightening the standard, but not to the extent recommended by its own staff scientists and advisors. As Reg•Watch has pointed out, the White House has its fingerprints on this weak proposal. The White House Office of Information and Regulatory Affairs (OIRA) held three meetings on the rule, two of which were packed with industry reps. The first meeting also featured a representative from Vice President Cheney's office. An official from the VP's office has been present in only five of the last 482 regulatory review meetings. Something else was peculiar about that first meeting: there was no representative from EPA. Executive Order 12866, which governs the regulatory review process, requires an official from the relevant agency be invited to each meeting. OIRA is supposed to disclose why that official did not or could not attend. In this case, OIRA hasn't. Committee Chairwoman Barbara Boxer (D-CA) questioned EPA Administrator Stephen Johnson on this peculiarity. Johnson said, "I don't know why we were or were not invited," and, "I don't recall being aware of that particular meeting." He also did not recall being briefed on the substance of the meeting afterwards. Boxer pressed Johnson and asked him to provide answers as to whether EPA has any knowledge of this meeting. Johnson said he would "to the extent possible" and then alluded to invoking executive privilege (the excuse du jour in the administration.) Executive privilege does not apply to communications between offices like EPA and OIRA. Boxer's questioning raises excellent points about an issue which receives little attention. Reg•Watch hopes Boxer continues to press Johnson in order to shed light on this dark spot in the rulemaking process.