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Source: PRESS RELEASE, 2/13/13
U.S. Sen. Mike Johanns (R-Neb.) today spoke on the Senate floor about four pieces of legislation he is introducing to require greater transparency and accountability from the Environmental Protection Agency’s (EPA) regulatory process. He called on Congress to pass these commonsense reforms and help Americans frustrated by the EPA’s burdensome regulatory process.
Below are excerpts from Johanns’ remarks.
· “ I rise today to discuss changes needed at the EPA, the Environmental Protection Agency, to rebuild public trust and transparency. The reviews of this agency are almost unanimous from my constituents in Nebraska. Quite frankly, my constituents are frustrated and sometimes are just plain angry. And while the details and the specific issues will vary from one industry to another, the theme seems to always be the same. Nebraskans think that EPA doesn't understand domestic businesses, nor do they understand job creation. From specific industries to their employees to their customers, they think the agency is not transparent, arrogant, and oftentimes unresponsive.”
· Nebraskans frustration is driven by both what EPA Is trying to do -- meaning the content of the rules and standards – as well as how the agency is making its decisions. So today, Madam President, I will be introducing several proposals to address these two areas.
· “I've outlined four commonsense solutions designed to respond to reasonable concerns of real people and to respond to their heartfelt frustration with this agency. But, above all, they promote transparency and they promote responsible government.”
Below is a brief description of each legislative component in Johanns’ push for common-sense EPA regulatory reform:
• Johanns’ first bill brings EPA guidance documents under the scope of the Congressional Review Act. Currently, only rules are covered under this clause. This has allowed EPA to use guidance documents to expand the agency’s regulatory reach without being subjected to Congressional oversight. Johanns’ legislation would close this loophole.
• Johanns’ second piece of legislation requires EPA’s Inspector General to report to Congress twice a year on the agency’s progress in meeting regulatory reporting requirements in current law. Under current law, EPA must publish any updates to its regulatory agenda in April and October. EPA totally ignored this requirement in 2012, publishing just one update last year. This update came in December, hiding EPA’s agenda until after the election.
• The third bill reduces EPA’s budget by $20,000 every week until EPA meets its legal deadlines for regulatory agenda-setting. This proposal is modeled after a provision in last year’s bipartisan highway bill to encourage federal agencies to complete evaluation of transportation projects in a timely fashion. Johanns’ legislation adapts this model to encourage EPA to meet deadlines already in law requiring they be transparent about regulations they are developing.
• The final component of Johanns’ legislative package promotes transparency and cooperation with state governments by requiring EPA to provide timely information and technical assistance to states working to comply with EPA mandates. Environmental statutes firmly establish states as equal partners with EPA. Unfortunately, EPA’s actions show that it believes federal agencies should be able to dictate implementation actions, rather than allowing states to develop their own plans.
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