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Jan. 29, 2010 by James Goodwin

OIRA's First Year Under Obama: Deregulatory Stronghold Still Intact

This post is the seventh and final in a series on the new CPR report Obama’s Regulators: A First-Year Report Card.

The White House can influence the performance of protector agencies by the way it structures the regulatory landscape in which these agencies operate. Specifically, it can adjust the contours of this landscape in ways that either encourage or discourage proactive and effective action by the protector agencies. The manner in which it manages the Office of Information and Regulatory Affairs (OIRA)—a small bureau within the Office of Management and Budget that oversees the president’s regulatory policy and reviews individual regulations—is particularly significant in this regard. During the Bush Administration, OIRA operated as a strong deregulatory force. During the first year of the Obama Administration, this obscure but powerful office too often continued on that path.

Under President Obama, OIRA has continued to provide agencies that are themselves major polluters, the Department of Defense, for example, and regulated industries with a venue in which they can attack regulatory agencies and their health, safety, and environmental regulation. As part of its implementation of the regulatory review process, OIRA hosts meetings on rules that it has under review …

Jan. 25, 2010 by James Goodwin
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This post is the fifth in a series on the new CPR report Obama’s Regulators: A First-Year Report Card.

The National Highway Traffic Safety Administration’s (NHTSA) progress on its statutory mission of reducing traffic fatalities came to a screeching halt in recent years, making it imperative that the Obama Administration work quickly to get this vital protector agency back into gear. Unfortunately, NHTSA coasted through part of the year, when it should have its foot on the gas. While it made some progress, it has not yet launched an affirmative agenda of its own to ensure future progress on its statutory mission.

At first blush, it might appear that President Obama succeeded in revitalizing NHTSA this past year. After all, the agency did take several important protective actions. A closer examination, though, reveals that most of NHTSA’s regulatory accomplishments could be characterized as low-hanging …

Jan. 22, 2010 by Matt Shudtz
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FDA scientists have had a chance to develop an assessment of the risks of BPA in food contact applications using a fuller body of low-dose studies and concluded last week that there’s some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children (for a helpful analysis of the context of FDA’s decision, see Sarah Vogel’s post at The Pump Handle). Now, it’s time to look at what EPA is doing with respect to the ubiquitous endocrine-disrupting chemical.

In late September, Lisa Jackson announced that EPA’s Office of Pollution Prevention and Toxics would develop “action plans” for four chemicals or groups of chemicals, outlining potential future regulatory actions aimed at protecting the public and the environment from unreasonable risk. BPA was one of the candidates for an action plan, but when EPA released …

Jan. 20, 2010 by Rena Steinzor
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A critical test of the Obama Administration’s commitment to reviving the Environmental Protection Agency (EPA) is teeing up behind closed doors at the White House. Once again, the Office of Management and Budget (OMB) is cast in the role of regulation killer, supported by a slew of state and other federal agencies that are polluters in this scenario. Other players include a nearly hysterical segment of the electric utility industry, which argues that labeling coal ash as a hazardous waste will prove prohibitively expensive, as well as a coalition of public interest activists that includes Robert Bullard, the father of the environmental justice movement. The story has ample drama: a provable case of racial discrimination, companies as haughty as any on Wall Street, and an appealing heroine, Lisa Jackson, the embattled EPA Administrator, who is the public face of this Administration on the environment but, in …

Jan. 14, 2010 by Rena Steinzor
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Over the weekend, the Associated Press ran a story on the results of its enterprising investigation into the toxic content of children’s jewelry imported from China. Pressed to abandon the use of toxic lead in toys and jewelry, manufacturers have apparently begun using an even more dangerous metal, cadmium, which can cause neurological damage – brain damage – to children and give them cancer. AP tested 103 pieces of jewelry bought in American stores within the last few months, and found that 12 percent contained at least 10 percent cadmium. One item, a cute little Rudolph the red-nosed reindeer trinket, was 91 percent cadmium.

Addressing the question that leaps to mind – How did these extraordinarily dangerous trinkets get onto store shelves in the first place? – reporter Justin Pritchard writes these utterly terrifying and completely truthful words:

A patchwork of federal consumer protection regulations does nothing to keep these …

Jan. 11, 2010 by Sidney Shapiro
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As reported in a post Saturday, OMB has become the epicenter for industry efforts to head off an EPA regulation concerning coal ash. There have been 17 meetings between industry interests and OMB officials. When questioned about the large number of meetings, an OMB spokesman said, "This has been a very regular, very normal deliberative process on a very complex rule.” For progressives who had hoped that OMB in the Obama administration would not replicate OMB in the Bush administration, this is disappointing news.

Industry swarmed to OMB after EPA had submitted a draft rule on coal ash to OMB for its approval. Under a presidential order, agencies like EPA must submit significant new regulations, like the coal-ash rule, to the White House for review prior to the time that they are officially proposed. Unhappy that their efforts to persuade EPA to propose a different rule had …

Jan. 9, 2010 by James Goodwin
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"White House, EPA at Odds Over Coal-Waste Rules" reads a headline in Saturday's Wall Street Journal. It's worth a look.

The White House Office of Information and Regulatory Affairs (OIRA) has in fact continued to host meetings with outside groups regarding EPA’s work on a rule for controlling the disposal of hazardous coal ash waste. Since my last post on this topic, OIRA has hosted 10 more meetings on this topic. (These latest meetings were held between December 9 and January 4.) This brings the grand total of OIRA coal ash meetings to 21—all in a time span of less than 3 months!

The meetings are particularly significant since the industry is lobbying OIRA before EPA has even issued a proposed rule. By law, a proposed agency rule is followed by a public comment phase, where industry would have the full opportunity to …

Dec. 30, 2009 by Matt Shudtz
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CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR Policy Analyst Matt Shudtz offers up a number of items, below, focusing on the positive:

At OSHA, several high points: 

The leadership of David Michaels (as Assistant Secretary, the head of OSHA) and Jordan Barab (as Deputy Assistant Secretary), both of whom seem intent on putting OSHA back on task – protecting workers – after years of agency wheel-spinning.

OSHA’s enforcement sweep of construction sites in Texas, in which the agency brought inspectors from other regions to conduct unannounced inspections. Actual enforcement of the laws! Texas earned the honor because it has the highest rate of construction fatalities …

Dec. 12, 2009 by Ben Somberg
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We noted earlier this month that a U.S. Small Business Administration official had claimed that the danger of workplace noise was solved just as well with earplugs as it is with reducing the noise at its source -- despite extensive research to the contrary ("Presidential Appointee at SBA Maligns OSHA's Industrial Noise Proposal; Claims Ear Plugs "Solve" the Problem").

 

The official, Winslow Sargeant, Chief Counsel for Advocacy at the SBA, has since given a slightly different line. From BNA's Occupational Safety and Health Reporter (4/28):

We strongly support regulations that protect worker safety and health," Sargeant said. "But with regard to the noise rule, we were unable to evaluate whether this proposal was necessary, as a matter of safety, or whether it was economically feasible.

If SBA has indeed not evaluated the safety necessity, it's troubling that Sargeant had previously made such a …

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