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Monday, December 10, 2007

Congressmen Press EPA on Transparency

Friday, Reps. John Dingell and Bart Stupak wrote to EPA administrator Stephen Johnson asking about the agency's transparency policies. The congressmen point out that previous EPA administrators have issued memos outlining proper transparency measures for agency activity but that Johnson has not.

Dingell and Stupak do not identify any specific points of opacity or examples of EPA cover-ups; but one issue piqued Reg•Watch's interest. In their final question to Johnson (to which they request responses by Dec. 17), the congressmen ask the following:

Administrators [Lee] Thomas and [William] Reilly also stated that "procedures have been established with OMB to ensure that such material received by OMB from outside parties will be placed in the EPA public record." What specific procedures are in place in this Administration to ensure that materials from outside parties received by OMB on EPA rules are placed in the EPA public record? Please provide a copy of any documents that describe these procedures.

For EPA's current revision to the national standard for ozone pollution, EPA's online docket does contain two letters sent to then-OMB Director Rob Portman from the Utah Manufacturers Association and the Mississippi Manufacturers Association. (Incidentally, both groups lobbied against a tighter standard, and the White House has worked to undermine scientific evidence in favor a stricter regulation.)

EPA is right to post such information. Laudably, EPA has also posted correspondence between OMB and agency officials. However, without knowing EPA's policy on transparency, we do not know whether the agency has posted all relevant information.

Reg•Watch will be interested to see if EPA is fully disclosing communications with OMB. Public access to these correspondences is important because, as we have seen all too often, OMB's Office of Information and Regulatory Affairs can influence or materially alter the policies of EPA and other agencies.