Search Results Archives: August 2015

August 8, 2015

OMB Role in DQA Petitions

Judicial Review of the DQA is unsettled; on Circuit Court opined it was not reviewable, another took no position and another opined that the OMB regulations were binding. However DOJ informed the court that without exception OMB was the final decision-maker on DQA petitions (Requests for Correction).

See Harkonen v. DOJ and OMB

CRE Amicus

Benefit/Cost Analysis

CRE encourages our readers who have expertise in Benefit/cost analysis  to make comments hereon.

We welcome comments in the section below or a new post through the mechanism on the right of this page.

Procedurally the rulemaking process has often been driven by concerns for judicial review; however in the overwhelming number of cases the OIRA review process is driven by benefit/cost analysis not concerns that a rule will be overturned in court.

Risk Assessment

CRE encourages our readers who have expertise in risk assessment to make comments hereon.

We welcome comments in the section below or a new post through the mechanism on the right of this page.

August 7, 2015

Ex parte Contacts

CRE has been advised that a teaching Module focusing on centralized regulatory review must address Sierra Club vs. Costle, accordingly we have provided:

(1)  The report of the Administrative Conference of the US, ACUS Ex Parte and

(2)  A CRE post on ACUS deliberations on the aforementioned report.


Select Comments and Guest Editorials

Comments by Professors Radin and Strauss on OIRA

Comments by Professor Williams on  lack of knowledge of OIRA procedures

Publications of Interest (OIRA)

Recent Publications


Focus on OIRA

OIRA in the News

August 5, 2015

A Case When Ignorance of the Federal Administrative Process is a Detriment

A case in point is the recent issuance of the New Source Performance Standard for Coal Fired Plantsa cornerstone of the Administration’s Clean Power Program.

When EPA issued its proposed rule, it was wed to CCS, an unproven technology in view of experts who developed it. Nonetheless the proposed rule presented the technology as being an economically viable technology.

Industry responded in very cogent comments that EPA had the facts wrong; subsequently industry made the same points when the rule was under review at OIRA.

However, where was industry during the Intervening time period? Yes numerous press releases were issued as well as a number of requests for Congressional intervention.

EPA Posts Information on GM/Synbio Algae Project

From: JDSupra Business Advisor

by Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced last week that it is developing a project intended to support public dialog concerning the development and use of synthetic biology (synbio). EPA has oversight responsibility for the production and use of intergeneric microorganisms, including cyanobacteria, eukaryotic microalgae (genetically modified (GM) algae), and their products by application of genetic engineering approaches, including those called synbio. EPA’s recently posted document, US Environmental Protection Agency GM/Synbio Algae Project, states that it is focusing its project around GM/synbio algae applications.


August 4, 2015

Major pipeline safety rulemakings coming in 2015

From: Lexology

Sara E Peters | King & Spalding LLP

Authorization of the federal pipeline safety programs will expire on September 30th of this year. With this looming deadline, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is scrambling to finish the 42 mandated rulemakings and studies required by the 2011 Pipeline Safety, Regulatory Certainty, and Job Creation Act (Pipeline Act).

To-date, PHMSA has completed only 26 of the mandates, leaving some of the most controversial issues unfinished, including rules on the use of automatic and remote-controlled shutoff valves; expansion of the integrity management program (IMP) requirements; maximum allowable operating pressure (MAOP) verification; and additional regulation of hazardous liquids lines.