Issue 1 - NO Susan


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1 STATEMENT OF SUSAN E. DUDLEY ADMINISTRATOR, OFFICE OF INFORMATION AND REGULATORY AFFAIRS BEFORE THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM UNITED STATES HOUSE OF REPRESENTATIVES May 20, 2008 Chairman Waxman, Ranking Member Davis, and distinguished Members of the Committee, thank you for inviting me to testify about the Environmental Protection Agency’s recent final regulation strengthening the national ambient air quality standard (NAAQS) for ozone. In the interest of public transparency, as part of the rulemaking, and before your Committee’s inquiry was initiated, both OMB and EPA placed the key correspondence related to this rulemaking in the public record to ensure a clear presentation of the issues involved. Letters between EPA Administrator Stephen Johnson, Deputy Administrator Marcus Peacock and me are available on OIRA’s website 1 and on This testimony (1) lays out the procedures by which OIRA oversees interagency review of agency regulations generally, and then (2) provides information on the specific discussions related to the secondary ozone NAAQS. Regulatory coordination and review operates under authority of Executive Order 12866, issued by President Clinton in 1993. This Executive Order establishes principles and procedures for regulatory review, 2 including requirements for disclosure. 3 It also sets forth regulatory principles and procedures that are relevant to today’s hearing. The Executive Order establishes OIRA as the entity that reviews significant regulations, observing that “[c]oordinated review of agency 1 See . 2 Section 1 of Executive Order 12866, as amended. 3 Section 6(b)(4) of Executive Order 12866, as amended.
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2 rulemaking is necessary to ensure that regulations and guidance documents are consistent with applicable law, the President’s priorities, and the principles set forth in this Executive order, and that decisions made by one agency do not conflict with the policies or actions taken or planned by another agency.” 4 The confidential nature of interagency deliberations is necessary to allow the Executive Branch to engage in open and candid discussions as policy decisions are debated. Over several administrations, OIRA has sought to strike a balance between this legitimate need to protect the deliberative process and the Congress’s and the public’s need for information. As part of this effort to strike a balance, E.O. 12866 provides specific procedures on the disclosure of information associated with the review of rules. This Administration has expanded public disclosure by providing on OIRA’s website lists of any meetings held with outside parties on rules under review. 5
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  • Summer '08
  • President of the United States, United States Environmental Protection Agency, National Ambient Air Quality Standards, executive¬†order

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