Earlier today, I posted a primer on the EPA’s pending coal ash rule. In fact, the rule is almost assuredly going to be a far superior regulation than the shoddy version EPA originally drafted. And the means by which the rule improved in quality sheds much light on a little noticed yet supremely important component of the rulemaking process: White House regulatory review.
White House Regulatory Review: The Bare Bones Basics
Fortunately, the agency heeded the lessons of its interagency spanking. The version that EPA officially proposed in the Federal Register was much more reasonable than the version it had sent to OIRA. Between the pre-OIRA draft and the final proposal, EPA dropped its evident intent to impose the most stringent possible measure.*