UNITED STATES ENVIRONMENTAL
PROTECT ION AGENCY
WASHINGTON. D.C. 20460
December 11, 1972
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During our recent conversations regarding the OMB Quality of Life Review process, you indicated: your willingness to consider changes, including having EPA serve as the focal point of the coordination and clearance mechanism. In light of these discussions, and on the basis of my staff's analysis of the major items which recently were processed, or are still in the quality of Life process, we prepared the recommendations for change contained below.
Our review of an effective qualify of life process would involve a system where (a) timely determinations could be made with regard to whether or not items had to undergo quality of life, (b) where proposed regulations, if they must undergo quality of life process, undergo a process wherein fairness and timeliness are insured and (c) where final regulations undergo curtailed quality of life process wherein 0MB/White House contact is insured.
The following three phase process, in our view, would accomplish these objectives in the most effective manner.
EPA's proposed items which undergo the quality of life process should be processed in the following way.
It is absolutely imperative that the time limits set above for the various parts of the process are respected by all concerned. In the event they are rot met by other agencies, it is in the absolute discretion of the Administrator whether to proceed or to delay 'his action.
Thus far, EPA has not beer, invited to participate in informal or formal Quality of Life processes or, the rule-making activities of other agencies. We would like to insure that on a periodic (perhaps once a week) basis, we are being apprised of rule-making activities received by OMB from other agencies. This will enable us to decide which regulations being proposed by others interface with EPA's responsibility, and render our comments.
The next stage, as we see it, will be to receive your reaction to the above suggested changes, and agreement on a revised Quality of Life process. We stand ready to discuss our suggestions and comments in detail with you at your earliest convenience.
Thomas E. Carroll
PROCEDURES TG BE FOLLOWED FOR THE INTERAGENCY REVIEW OF GUIDELINES AND REGULATIONS AS PRESCRIBED BY THE OMB MEMORANDUM TO THE HEADS OF DEPARTMENTS AND AGENCIES DATED OCTOBER 5, 1971
- During the development of guidelines and regulations, the originating agency will solicit the advice, where appropriate, of other agencies likely to be affected by the proposed regulations.
- No less than 30 days in advance of their scheduled publication, proposed regulations, accompanied by a briefing paper, will be distributed to interested agencies for comment. At this time, the Office of Management and Budget will receive copies of the regulations and briefing materials along with a notification of which agencies have received copies.
- The normal time for written comments -to be submitted to the originating agency will be ten business days. In specific instances, if the complexity of the material warrants, a longer comment period will be allowed if agreed upon by the originating agency.
- The originating agency will review written comments and those received at meetings, analyze and incorporate them to the extent it deems advisable and delineate unresolved factual and policy differences.
- These revised materials, the above mentioned policy and technical delineations, and the originating agency's plan of action, and the original comments received will be provided to the affected agencies and the Office of Management and Budget. A meeting of the affected agencies will be held to determine if a significant interagency conflict exists.
- Should a significant interagency conflict exist, a meeting of the affected agencies will be convened. The originating agency will prepare the appropriate briefing materials.
- After the resolution of the issues has led to a decision by the agency, it will publish the proposed regulations in the Federal Register.
- Upon expiration of the public comment period and/or public hearings, the originating agency will provide the affected agencies a copy of the final materials it intends to publish 20 days before scheduled publication. These materials will be accompanied by a summary the public comments and their disposition and any new issues the final regulations contain which the proposed regulations did not address.
- Upon review of the above information, there shall be a meeting of the affected agencies should a significant interagency conflict exist. After the agency has reached a final decision, the final regulations will then be published in the Federal Register.