EPA Delays Life-Saving Rule, Cites White House Order

In response to pressure from industry, the U.S. Environmental Protection Agency (EPA) is backing off of new clean air standards for industrial boilers. The standards, as finalized in February, would prevent “2,600 premature deaths, 4,100 heart attacks, and 42,000 asthma attacks” if implemented, according to EPA.

Instead, EPA is delaying the effective date of the standards. “The stay will remain in place until the proceedings for judicial review of these rules are completed or EPA completes its reconsideration of the standards, whichever is earlier,” EPA says.

As part of its rationale for the delay, the agency cited a January Executive Order signed by President Obama outlining his principles for government regulation. EPA said in a statement, “This process of careful consideration of public comments, and close attention to both costs and benefits, is consistent with the president’s directives with respect to regulation, as set out in executive order 13563, issued on January 18.”

Considering the significance of the standards’ benefits to public health, it is safe to assume that EPA is enacting a delay to gather more complaints about the potential compliance costs of the rule. Industry lobbyists and their allies in Congress have been complaining incessantly about the boiler standards – saying that new environmental protections will hurt the economy.

EPA’s announcement is exactly the kind of news we feared when Obama issued the order in January. While the order did not result in a significant shift in policy, the announcement reinforced conservative rhetoric on regulation. In turn, the order hung agencies out to dry by giving special interests an opening into the rulemaking process. The order also gave agencies cover to bend to industry wishes when the pressure got to be too much to handle in the absence of White House support – cover the EPA is taking advantage of in this instance.

This week, agencies are taking another step consistent with Obama’s executive order. Regulatory agencies must submit to the White House their plans for the ongoing review of rules on the books. Read more here.

For more on the delay of the boiler rule, including why it violates the Clean Air Act, see this excellent post from the Center for Progressive Reform: Lisa Jackson Steps Back (Again) on Boiler Mact.

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