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Friday, January 18, 2008

Holding Agencies Accountable (or Not) for Regulatory Delay

In a MarketWatch article published today, reporter Ruth Mantell discusses how agencies are rarely held accountable when they miss statutory deadlines for writing regulations. In one particularly onerous example, EPA has missed a Congressional deadline — by more than 11 years — for a rule that would limit exposure to lead paint during home renovation.

The nonprofit group Public Employees for Environmental Responsibility (PEER) has sued EPA, a tactic that too often must be used to prod agency action, as Mantell points out:

Repercussions are typically light, if they are any at all, for a federal agency or other governmental body that's been late or slow in complying with a mandate, consumer advocates say. In response, a cottage industry in scheduling lawsuits, such as PEER's against EPA, has bloomed, looking to make sure that obligations are met.

Congress sometimes exerts its powers of oversight to push agencies along. However, oversight falls short when considering the scope of the federal bureaucracy (about 2.5 million civilian employees and half-a-trillion dollars in non-defense, discretionary spending) and the decades-worth of federal legislation agencies are responsible for enforcing.

As for the lead renovation rule, EPA plans to finalize the standard in March; but before EPA can do that, the rule has one more major hurdle to clear. The White House is currently reviewing the rule under Executive Order 12866. White House review — one of the many across-the-board government requirements agencies must abide by — certainly does not help agencies move more quickly.

This week, the White House Office of Information and Regulatory Affairs held a closed door meeting to discuss the rule with officials from EPA and representatives of the National Association of Home Builders — an outspoken opponent of the rule.