Reforming Regulatory Policy in the Obama Administration

OMB Watch continues to work with the Obama administration to develop and implement reforms that better enable federal agencies to protect public health, safety, and the environment through regulation. Below is a list of recommendations and comments OMB Watch has submitted to the administration thus far.

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FDA Calls BPA Risky, but Puts off Regulation

On Friday, the Food and Drug Administration made its long-awaited announcement on the safety of bisphenol-A, a chemical ingredient in hard plastics, food can liners, and other common products. The verdict? “[R]ecent studies provide reason for some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children. FDA also recognizes substantial uncertainties with respect to the overall interpretation of these studies and their potential implications for human health effects of BPA exposure.”

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Time’s about up for OIRA on Coal Ash Rule

Coal ash pond Today, Jan. 14, marks day 90 of the White House’s review of EPA’s proposed coal ash regulation. As I blogged on Monday, the rule has been discussed at dozens of meetings featuring the EPA, the White House Office of Information and Regulatory Affairs (OIRA), and various stakeholders. My updated count has industry stakeholders at 22 meetings and environmental stakeholders at four.

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Food Safety Agenda Suffers without USDA Appointee

President Obama still has not nominated an undersecretary for food safety at the U.S. Department of Agriculture, as Congress Daily reports today. Almost a year into his administration, the Food Safety Inspection Service – the federal agency in charge of making sure meat, poultry, and eggs are safe and labeled properly – is still without a leader.

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Chemical Secrecy Increasing Risks to Public

Excessive secrecy prevents the public from knowing what chemicals are used in their communities and what health impacts might be associated with those substances, according to a recent analysis of government data by the nonprofit Environmental Working Group (EWG). The growing practice of concealing data alleged to be trade secrets has seemingly hobbled regulators' ability to protect the public from potential risks from thousands of chemicals.

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Hundreds of Rules May Be Void after Agencies Miss Procedural Step

Regulatory agencies are routinely violating federal law by not submitting final regulations to Congress, according to a recent Congressional Research Service (CRS) report. Any rule agencies have not submitted to Congress could be susceptible to a lawsuit.

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Improving Implementation of the Paperwork Reduction Act

On Oct. 27, 2009, the White House Office of Information and Regulatory Affairs (OIRA) opened a public comment process on ways to improve implementation of the Paperwork Reduction Act (PRA). The PRA covers a range of information resource management issues and topics, although it is best known for creating OIRA and establishing a paperwork clearance procedure. The law was passed in 1980 and last reauthorized in 1995, well before current technological capabilities that allow for greater public participation and streamlined information collection and reporting.

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OIRA Meetings Stir Controversy over Coal Ash Regulation

Industry representatives have repeatedly visited the White House to discuss pending regulation of coal ash, raising suspicions that industry may be influencing the rule. In December, amid these meetings, EPA announced it was backing away from its earlier pledge to propose coal ash regulations by the end of 2009.

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EPA Takes Aim at Past Air Pollution Screw Ups

Today, the U.S. Environmental Protection Agency (EPA) proposed a revision to the national air quality standard for ozone, a.k.a. smog. EPA is proposing to tighten the primary standard to a level somewhere between 0.060 and 0.070 ppm (parts per million), down from the current standard of 0.075 ppm set in 2008. Under the Clean Air Act, EPA must set the primary standard at a level protective of public health.

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Whoops, Agencies Forget to Send Rules to Congress, Potentially Invalidating Them

Hundreds of regulations may not officially have the force and effect of law because rulemaking agencies have not performed a simple procedural task, according to a Congressional Research Service (CRS) report issued last week.

Under the Congressional Review Act, a 1996 law that essentially gives Congress a window of opportunity to veto agency regulations, agencies must submit to Congress and the Government Accountability Office (GAO) copies of new final regulations.

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