
Administration Lags on New Health, Safety, and Environmental Protections
by Guest Blogger, 4/16/2002
Since President Bush took office last January, a host of Clinton-era health, safety, and environmental protections have been changed, rescinded, or delayed, as documented in OMB Watch’s Bush Regulatory Report.
These actions have generated a great deal of public attention, as well as political heat for the administration. From revisions in energy efficiency standards and medical privacy protections to withdrawal from the Kyoto Protocol and repeal of ergonomics regulations, they have left the impression of an administration driven by special interests. Yet with these decisions behind them, and out of the media spotlight, the administration surely hopes this impression will fade.
In this regard, it will be important to keep an eye on whether the administration attempts to quietly scuttle important regulatory protections that were in development (and not final) when President Bush took office, or whether it actually carries them forward. It’s still early, but there is already evidence that some of these “proposed rules”
are lagging.
Currently, John Graham, administrator of OMB's Office of Information and
Regulatory Affairs (OIRA), is seeking comment on regulations that should
be rescinded or revised, as well as gaps that need to be addressed. There are many things that can be done to better protect public health, safety, and the environment. But a good place to start is with these proposed rules, a number of which were identified by Public Citizen in its report, "Public Safeguards at Risk," at the start of the Bush administration. More than a year later, none of these rules has been finalized. Again, we ask, what will the administration do in the following areas?
Upgrading plants to reduce air pollution in national parks and wilderness areas. Under the 1999 Regional Haze Rule, the Environmental Protection Agency is required to provide guidelines to state and tribal air quality agencies for setting air pollution limits for a number of older, large utilities and industrial plants built between 1962 and 1977 that emit more than 250 tons a year of visibility-impairing pollution, as explained by the Blue Ridge Environmental Defense League. The proposed Best Available Retrofit Technology "BART" rule aims to reduce air pollution in national parks and wilderness areas by determining which plants must retrofit their pollution-control technology so that less pollution is emitted.
In January of 2001 EPA sent the proposed rule to the Federal Register, but it was withdrawn under the Card Memo. EPA issued another proposed rule on June 20, 2001, and has yet to issue a final rule. Along with delaying the rule, it is possible that the guidelines proposed in the Clinton administration could get weakened as the Bush administration drafts the final rule.
Reducing water pollution from animal feeding operations. On January 12, 2001, EPA proposed strict new controls to reduce water pollution from Concentrated Animal Feeding Operations (CAFOs), or large industrial feedlots for animals. CAFOs confine large numbers of animals and produce large amounts of wastewater that can runoff into ground and surface water systems. According to the Sierra Club, CAFO's are one of the nation's most dangerous water pollution problems and hog, chicken, and cattle waste has polluted 35,000 miles of rivers in 22 states and contaminated groundwater in 17 states.
The new rules will apply to 39,000 CAFOs, according to href=http://www.citizen.org/congress/regulations/bush_admin/articles.cfm?ID=6142>Public Citizen, while currently only 2,500 operations have Clean Water Act permits. EPA made a summary of the proposed rulemaking available on its website in August of 2001, and promises to have a final rule issued by January of 2003. Yet as EPA delays this rule, our water systems are being freely contaminated by large amounts of animal waste.
Preventing tuberculosis in the workplace. Tuberculosis (TB) is a contagious airborne disease that is potentially lethal and tends to affect those with more vulnerable immune systems. OSHA estimates that a workplace standard will help protect an estimated 5.3 million workers in more than 100,000 hospitals, nursing homes, hospices, correctional facilities, homeless shelters, and other work settings with a significant risk of TB infection, and will save over 130 lives per year. OSHA proposed a rule protecting workers from TB on Oct. 17, 1997, but has not yet issued a final rule. On March 5, 2002, OSHA published notice in the Federal Register extending yet again the public comment period on the rulemaking to May 24, 2002. OSHA has had TB on its agenda for over five years now, and it’s time to provide worker protections from this deadly disease that can be enforced.
Preventing deadly vehicle fires. In an attempt to update a rule that has been around since 1976, the National Highway Traffic Safety Administration (NHTSA) proposed a rule in November of 2000 to upgrade fuel systems in order to prevent vehicle fires in crashes. According to NHTSA, about 4 percent of deaths in light vehicles occurred in crashes involving fire, and about 12,941 occupants per year are exposed to fire in passenger cars and light vehicles. About 1,062 (8 percent) of those exposed received moderate or severe burns. As Public Citizen explains, the rule would limit the amount of fuel that is allowed to spill from the vehicle's fuel system in three different crash scenarios.
NHTSA has had over a year to review the comments on the proposed rule. It should write a final rule as soon as possible so that fuel systems will be upgraded to avoid deaths and injuries from fire.
Reducing head and neck injuries in crashes. The National Highway Traffic Safety Administration issued another proposed rule on January 4, 2001, that would upgrade the standard for head restraints for passenger cars and for light multipurpose vehicles, trucks, and buses. Head restraints are the uppermost part of a seat, and protect the head and neck from injuries often suffered in vehicle crashes. According to NHTSA, 805,581 whiplash injuries occur annually, costing about $5.2 billion each year. As Public Citizen notes, the NHTSA proposal would toughen a standard that was issued in 1969 by adding new strength requirements, limiting the size of gaps and openings in head restraints, and applying the rule to outward-facing back seats.
Since the Federal Register notice on January 4, 2001, there has been no further action on the rule, even though NHTSA has had over a year to review comments. A NHTSA official estimated that a final rule may be issued in the fall of 2002, almost two years after the proposed rule. This is an important safety protection that should not be delayed any longer.
