Scientists & Engineers for America Action Fund

Whale Protection Rule Clears White House, 573 Days Later

From our friends at OMB Watch

The White House has finally given approval to a rule that would protect the North Atlantic right whale, one of the planet’s most critically endangered marine species.

Last Monday, September 15, OMB’s Office of Information and Regulatory Affairs — the White House office in charge of reviewing and editing new regulations — approved the rule “consistent with change” (its most common designation for rules it has reviewed). OIRA had been reviewing the rule since Feb. 20, 2007. Since agencies cannot go forward without OIRA’s blessing, the National Oceanic and Atmospheric Administration has been unable to make substantive progress on the rule for more than one-and-a-half years.

According to the executive order that governs the OIRA review process, OIRA has 90 days to review agency proposals. OIRA, in consultation with the agency, may extend the period once by 30 days. So, under the White House’s own rules, OIRA is not supposed to hold up rules for more than 120 days.

OIRA reviewed the right whale rule for 573 days.

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EPA Failing on Children’s Environmental Health Issues

From our friends at OMB Watch

The Government Accountability Office (GAO) told a Senate oversight committee Sept. 16 that the U.S. Environmental Protection Agency (EPA) has ignored recommendations from an advisory committee established to assist the agency in creating policies to protect children’s health. For example, in developing three recent air quality standards on particulate matter, ozone, and lead, EPA either rejected the committee’s recommendations or treated them as one of many public comments, according to GAO.

The Senate Committee on Environment and Public Works held the oversight hearing because of the concern that EPA has rolled back or not acted on standards for dangerous chemicals, such as perchlorate, mercury, and lead, all at the expense of children’s health, according to the opening statement of Sen. Barbara Boxer (D-CA), chair of the committee. Boxer and Sen. Hillary Clinton (D-NY) asked GAO to review EPA’s efforts. GAO’s John Stephenson testified on the interim findings of a longer-term study the office is conducting and expects to complete in 2009. (more…)

White House, EPA Protecting Rocket Fuel Polluters

By Matt Madia at OMB Watch

The Bush administration will continue to allow perchlorate, a chemical found primarily in rocket fuel, to pollute America’s drinking water supply. Perchlorate has been found to disrupt thyroid functions in humans, and can be particularly dangerous for infants and children. Yet, the U.S. Environmental Protection Agency (EPA) will pass on an upcoming opportunity to set a new limit for drinking water, according to The Washington Post.

The Post obtained an early copy of EPA’s “preliminary regulatory determination” on perchlorate. The White House Office of Management and Budget (OMB) has been making significant edits to the document in order to downplay the negative health effects of the chemical, according to the Post. OMB has been reviewing the document since September 4.

From the Post:

The EPA document also finds that bottle-fed infants would be exposed to more than five times the level the National Academy of Sciences deemed safe — 700 nanograms per kilogram of body weight per day — if parents mix formula with drinking water containing perchlorate levels of 15 ppb.

OMB officials said during the drafting process that there was “no need” for detailed data to flesh out a table suggesting that infants would be exposed to perchlorate levels above the academy’s recommendation.

To determine safe levels of exposure, the administration opted not to use the academy’s “reference dose,” a formula that includes a tenfold safety factor to protect children and vulnerable populations, and instead used a computer model developed by the Chemical Industry Institute of Toxicology. EPA officials initially inserted language in the document calling this a “novel approach,” but the OMB deleted that language.

This is not the first time OMB has meddled with EPA’s efforts to regulate, or not regulate, perchlorate. The Bush White House and the Department of Defense — a major rocket fuel user and, subsequently, perchlorate polluter — have spent years working hard to make sure the Pentagon and defense contractors won’t have to clean up their acts. More on that here.

Pesticide Problems Go Unnoticed by EPA

By our friends at OMB Watch

The Center for Public Integrity (CPI) has discovered that two groups of common pesticides, generally considered to be “safer” chemicals, are responsible for one quarter of reported human pesticide poisonings, based on the U.S. Environmental Protection Agency’s (EPA) own data. CPI spent several years demanding the release of the data through repeated Freedom of Information Act (FOIA) requests. A trade association representing the interests of the consumer specialty products industry denounced the report.

Report FindingsThe CPI report, Perils of the New Pesticides, analyzes the number of reported human health problems, including severe reactions and deaths, linked to two families of pesticides, pyrethrins and pyrethroids, over the past decade. Pyrethrins are a class of chemicals derived from chrysanthemum plants. Pyrethroids have similar properties but are created synthetically. Pesticides made with these chemicals are found in thousands of common household products such as flea and tick poisons, ant and roach killers, delousing shampoos, lawn-care products, and carpet sprays.

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Occupational Risk Assessment Rule Revealed

By Matt Madia at OMB Watch

The Washington Post has obtained a copy of the mysterious Department of Labor risk assessment rule that has been the subject of much speculation over the past couple weeks (see this post for more). The rule would require the Occupational Safety and Health Administration and the Mine Safety and Health Administration to conduct their risk assessments for occupational health hazards in certain ways. Based on an initial reading, Reg•Watch sees four main problems:

The first two flaws reek of those contained in a White House Office of Management and Budget proposal on risk assessment released in 2006 which was subsequently criticized by the National Academies of Science and later withdrawn. First, the rule would require the subagencies to identify a central risk estimate. A central risk estimate takes the high end and the low end of a risk prediction and averages them.

That would mark a departure from current practice in which the agencies identify the maximum likelihood a risk will threaten worker health. This allows OSHA and MSHA to error on the side of caution, which federal law requires them to do. The maligned OMB risk assessment proposal also advocated for central risk estimates, but the NAS criticized the approach.

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Very Troubling Proposed HHS Rule Places Restrictions on Funding

From our friends at OMB Watch

Last week, the New York Times reported that the Department of Health and Human Services (HHS) has drafted regulations that would allow any federal grant recipient to obstruct a woman’s access to contraception. All grant recipients would have to certify that they will not refuse to hire providers who object to abortion and even certain types of birth control. According to Senator Hilary Clinton (D-NY) the proposed regulation will be released next week. And in response, some organizations are vigorously opposing the proposal and are trying to gear up public opposition even before the proposed rule is published. You can send a letter to HHS Secretary Leavitt here.

The leaked draft proposed rule states; “any of the various procedures — including the prescription, dispensing and administration of any drug or the performance of any procedure or any other action — that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation.” This broad definition may cover many types of birth control, such as oral contraceptives and emergency contraception, and therefore protects the right of medical providers to refuse to offer them. It also says it is needed to ensure that federal money does not “support morally coercive or discriminatory practices or policies in violation of federal law.”

Find out How Much You’re Worth. Take our Trip around the Beltway.

From our friends at OMB Watch

Last week, Reg•Watch blogged about a recent Associated Press investigation that shows the Environmental Protection Agency has been using new statistics to assign monetary values to the lives potential regulations will save. AP found EPA’s most recent value, $6.9 million, is about $1 million lower than it was five years ago.

The figure in question is called a Value of a Statistical Life (VSL), which is a number that attempts to place a dollar figure on individuals by studying market data.

EPA isn’t the only agency that uses a VSL. Lots of public health and safety agencies go through the ridiculous process of valuing human life in order to comply with White House requirements on cost-benefit analysis. But agencies don’t necessarily use the same VSL. Some agencies even use a different VSL for different rules.

If you’re wondering how much different sectors of the federal government think your life is worth, take our journey outlined below. If you scroll down, you can even follow along with our interactive map.

Find out How Much You’re Worth. Take our Trip around the Beltway:

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America’s Wetlands Sullied by Supreme Court Decision

By Matt Madia at OMB Watch

A 2006 Supreme Court decision has seriously hindered EPA’s ability to enforce the Clean Water Act, according to new documents released by two House Committee chairmen.

The decision in the case, which pertained to enforcement of the act in non-navigable wetlands, made a real mess of things. According to The Washington Post, “That 5 to 4 decision, known as Rapanos v. United States, held that the Army Corps of Engineers had exceeded its authority when it denied two Michigan developers permits to build on wetlands…”

But the majority opinion was split. While four of the five wanted to kneecap the Corps’ ability to preserve wetlands from development, the other, Justice Kennedy, wrote a separate opinion to advocate for case-by-case evaluation.

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GAO Report Finds Private Medicare Providers Prefer Profits Over Providing Better Service

From our friends at OMB Watch

A recently released GAO report finds that (surprise!) Medicare Advantage providers predicted lower profit margins in 2005 than actually materialized.

[Medicare Advantage (MA)] organizations, on average, reported spending 85.7 percent of total revenue on medical expenses in 2005, but had projected medical expenditures of 90.2 percent of total revenue. Because organizations spent less revenue on medical expenses than projected, they earned higher average profits than projected. On average, MA organizations’ self-reported actual profit margin was 5.1 percent of total revenue, which is approximately $1.14 billion more in profits in 2005 than MA organizations projected.

And while these MA providers would have been paid the same regardless of their projections, they would have been required to provide beneficiaries either more services or lower premiums had they accurately projected their profit margins.

File this one under “W” for “Well, Duh.” A system that depends profit maximizing firms to divulge information that would result in lower profits will, time and time again, result in less-than-accurate information.

If you want to bring the Magic of the MarketplaceTM to government services, transparency matters — it matters a lot. Just because the government pays a firm to provide services doesn’t mean the government won’t get taken.

OMB Shutting Out EPA on CO2 Regulation

By Matt Madia at OMBWatch

The U.S. Environmental Protection Agency is close to finalizing its Advanced Notice of Proposed Rulemaking (ANPRM) on greenhouse gas emission regulation. The ANPRM is an indication that EPA may someday consider taking a look at possibly addressing global warming through some sort of undefined future action…perhaps.

Even still, the White House Office of Management and Budget (OMB) is all over the document like stink on a monkey.

The Wall Street Journal has gotten a sneak peak at the document and reports on it this morning: “The draft document…outlines how the government, under the Clean Air Act, could regulate greenhouse gas

emissions…”

The Journal goes on to identify OMB’s likes and dislikes:

The White House’s Office of Management and Budget has asked the EPA to delete section of the document that say such emissions endanger public welfare, say how those gases could be regulated, and show an analysis of the cost of regulating greenhouse gases in the U.S. and other countries.

The OMB instead wants the document to show that the Clean Air Act is flawed …

The ANPRM is currently still under review at OMB’s Office of Information and Regulatory Affairs. Insiders believe it may be published later this week, but it will probably reflect the views of OMB, not EPA.

In 2007, EPA promised — in response to a Supreme Court decision mandating it consider greenhouse gas regulation under the Clean Air Act— to actually take action greenhouse gas emissions through a notice of proposed rulemaking. But in March, EPA announced instead that it would pursue the ANPRM.

At the time, there was no proof of White House interference. However, recent reports show that OMB blocked EPA’s proposal. As The New York Times reported last week, OMB went so far as to refuse to open an email containing EPA’s proposal.

EPA and White House officials maintain that Johnson made the ultimate decision to punt on greenhouse gas regulation, but the evidence indicates otherwise. As we’ve seen with the California waiver decision

and the revision to the national standard for smog, Johnson is merely a puppet for the White House.

OMB is calling the shots on seemingly every major environmental policy decision; it is running roughshod over agency scientists, ignoring the plain language of federal law, and disregarding court orders.

Jason Burnett, an associate administrator for EPA, recently resigned in frustration. The Washington Post reports on his sad yet accurate assessment:

Burnett refused to comment on the White House calls but said in an interview, “In early December, I sent an e-mail with the formal finding that action must be taken to address the risk of climate change,” adding that he resigned his political appointment because the agency had been stymied in its efforts to respond to the Supreme Court. “The White House made it clear they did not want to address the ramifications of that finding and have decided to leave the challenge to the next administration. Some [at the White House] thought that EPA had mistakenly concluded that climate change endangers the public. It was no mistake.”