On June 21, EPA announced a proposal for a revised national standard for ozone exposure. The proposal, mandated by court order, proposes a range from which EPA will pick its final standard.

Any limit picked from within the proposed range will fall short of what is needed to protect the public health. EPA's proposed range is 0.070 to 0.075 parts per million, but in recent months scientific consensus has emerged in supporting a limit no greater than 0.070 ppm and ideally closer to 0.060 ppm.

EPA has already caught a lot of flack for skirting a real decision and proposing limits weaker than scientists have recommended. But the role of the White House should be scrutinized as well.

EPA is under court order to publish by today a proposed rule on its periodic review of the national air quality standard for ozone. The rule just went through a White House regulatory review process characterized by closed-door meetings which let in industry reps. Public health experts were heard from in a last-minute meeting held Monday.

One of industry's loudest voices in Washington — the National Association of Manufacturers — has apparently received advanced word of the standard. (OMB Watch often complains of a lack of transparency in the rulemaking process. It's nice to see industry lobbyists getting a peek.) According to the NAM blog, the proposed rule will recommend a range between 0.070 and 0.075 parts per million.

NAM complains this range is too stringent and that the status quo should be included for debate in the notice-and-comment period. That's a bunch of hooey. There is scientific consensus that the limit for ozone exposure should be set between 0.060 and 0.070 ppm.

Reg•Watch will post again when the proposed rule is announced. If NAM's connections in the Bush administration are legit (and they surely are), prepare to be disappointed.

Today, White House Office of Management and Budget (OMB) Director Rob Portman resigned, citing the need to spend more time with his family.

President Bush will nominate Jim Nussle to replace Portman. Nussle is a former Republican congressman from Iowa. When in Congress, Nussle was a budget guy, so it is unclear what implications, if any, his direction may have on regulatory policy.

White House Budget Director Portman Resigns [Washington Post]

OMB Watch and Clean Air Watch have been carefully watching as the White House Office of Information and Regulatory Affairs (OIRA) reviews EPA's rule to revise the national standard for ozone, a.k.a. smog. OIRA already entertained industry reps on two occasions (read more on that here).

The press is starting to pay attention to this issue. Articles in Greenwire (subscription) and The Hill discuss the importance of a tighter standard and the scientific basis behind it. The articles also chronicle industry's efforts to block EPA from developing a more protective standard.

The ozone standard is the first big regulation OIRA is reviewing with its new administrator, Susan Dudley. President Bush recess appointed Dudley in April. Before that, OMB Watch adamantly opposed Dudley's nomination. One of our primary concerns was the undue access she would give to industry during the regulatory review process. It seems those concerns are now manifesting.

I have tried to contact both OIRA and EPA to talk about this issue. Despite my pleasant phone manners and polite emails, my queries have gone unrecognized. Perhaps the American Automobile Alliance is higher up in their inbox.

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Regulatory policy articles this time:

Democratic Disarray on Greenhouse Gases May Let Bush off the Hook

White House Meets with Industry on Smog Standard

Long-delayed EPA Risk Assessment of Endocrine Disruptors Exhibits Flaws