UNITED STATES ENVIRONMENTAL PROTECT ION AGENCY
WASHINGTON. D.C. 20460

December 11, 1972

Quality of Life Review #1 Quality of Life Review #2 Quality of Life Review #3 Quality of Life Review #4 Quality of Life Review #5 Quality of Life Review #6 pdf Quality of Life Review #7 pdf Quality of Life Review #8 pdf Back to OMB Papers

Mr. Donald Crabill
Chief, Natural Resources
   Program Division
Office of Management and Budget
New Executive Office Building
Room 8210
Washington, D. C. 20503

Dear Don:

• Quality of Life Process

   Our review of an effective qualify of life process would involve a system where (a) timely determinations could be made with regard to whether or not items had to undergo quality of life, (b) where proposed regulations, if they must undergo quality of life process, undergo a process wherein fairness and timeliness are insured and (c) where final regulations undergo curtailed quality of life process wherein 0MB/White House contact is insured.

   The following three phase process, in our view, would accomplish these objectives in the most effective manner.

1. Timely determination of which items should undergo the quality of life process.

1. EPA will submit to OMB copies of proposed materials it is working on which it believes do not have to undergo the quality of life process. This decision—that the process is not necessary—will be premised on the notion that the item has none of the three impacts—Federal, State and local, or non-Federal—which the OMB's October 5 directive outlines. A draft of the item with accompanying materials explaining EPA's rationale for the proposed action will be provided to OMB. OMB’s concurrence in the non-necessity of the quality of life process will be assumed unless, within three working days of submission, we hear from OMB to the contrary.
   
2. If requested, EPA will meet with OMB to discuss points of OMB concern during this period.
   

2. How the Quality of Life Process should operate on EPA's proposed regulations.

EPA's proposed items which undergo the quality of life process should be processed in the following way.

1. During the development of the standards, EPA will solicit the advice, where appropriate, of other agencies who are likely to be affected, or who have expertise in the area we propose regulating.
   
2. No less than 30 days in advance of their scheduled publication, EPA's proposed regulations, accompanied by a briefing paper, will be distributed to interested agencies and executive offices for their comments. At this time, OMB will receive copies of the regulations and briefing materials mono with a notification of which agencies have received copies.
   
3. The normal lead time for written comments to be submitted to EPA will be i0 business days. In specific instances, if the complexity of the material warrants it, a longer comment period will be allowed. In other instances if we are working on a very short time frame, for example, tire constraints may dictate a shorter comment period.
   
4. If requested, EPA will schedule meetings en masse or with individual agencies to discuss their concerns.
   
5. EPA will review written comments and those received at meetings, analyze and incorporate them to the extent it deems advisable, and delineate unresolved factual and policy differences.
   
6. These revised materials, the above mentioned policy and technical delineations, and EPA's recommendations, and original comments received from other agencies, will be submitted to OMB.
   
7. When a White House meeting is necessary, EPA will prepare appropriate briefing materials. These materials will outline the remaining issues if any, contain the original comments from other agencies, and EPA’s tentative decision. OMB will be given three business days to review these materials-and-the issues they see with the White House, two days to draft an issue paper laying out the alternatives for White house decision, and three business days within which to schedule a policy review.
   
8. EPA will participate with OMB/White House in their review of these materials and the identification of additional policy issues. After resolution of all issues in tile preceding step, EPA will publish the proposed regulations in the Federal Register.
   

3. Publication of EPA's final Rule making activities.
   

3. After the public comment period and/or public hearings, EPA will provide 0:'M with a copy of the final materials it intends to publish 20 days before scheduled publication. These materials will be accompanied by a summary of the public comments and their disposition and any new issues the final regulations contain which the proposed regulations did not. If necessary, the 0:.3/White House steps G & H of Phase II can be repeated.

   It is absolutely imperative that the time limits set above for the various parts of the process are respected by all concerned. In the event they are rot met by other agencies, it is in the absolute discretion of the Administrator whether to proceed or to delay 'his action.

   Thus far, EPA has not beer, invited to participate in informal or formal Quality of Life processes or, the rule-making activities of other agencies. We would like to insure that on a periodic (perhaps once a week) basis, we are being apprised of rule-making activities received by OMB from other agencies. This will enable us to decide which regulations being proposed by others interface with EPA's responsibility, and render our comments.

   The next stage, as we see it, will be to receive your reaction to the above suggested changes, and agreement on a revised Quality of Life process. We stand ready to discuss our suggestions and comments in detail with you at your earliest convenience.

PROCEDURES TG BE FOLLOWED FOR THE INTERAGENCY REVIEW OF GUIDELINES AND REGULATIONS AS PRESCRIBED BY THE OMB MEMORANDUM TO THE HEADS OF DEPARTMENTS AND AGENCIES DATED OCTOBER 5, 1971

1. Procedures to followed prior to the publication of proposed rulemaking

1. During the development of guidelines and regulations, the originating agency will solicit the advice, where appropriate, of other agencies likely to be affected by the proposed regulations.
   
2. No less than 30 days in advance of their scheduled publication, proposed regulations, accompanied by a briefing paper, will be distributed to interested agencies for comment. At this time, the Office of Management and Budget will receive copies of the regulations and briefing materials along with a notification of which agencies have received copies.
   
3. The normal time for written comments -to be submitted to the originating agency will be ten business days. In specific instances, if the complexity of the material warrants, a longer comment period will be allowed if agreed upon by the originating agency.
   
4. The originating agency will review written comments and those received at meetings, analyze and incorporate them to the extent it deems advisable and delineate unresolved factual and policy differences.
   
5. These revised materials, the above mentioned policy and technical delineations, and the originating agency's plan of action, and the original comments received will be provided to the affected agencies and the Office of Management and Budget. A meeting of the affected agencies will be held to determine if a significant interagency conflict exists.
   
6. Should a significant interagency conflict exist, a meeting of the affected agencies will be convened. The originating agency will prepare the appropriate briefing materials.
   
7. After the resolution of the issues has led to a decision by the agency, it will publish the proposed regulations in the Federal Register.

2. Procedures to be followed prior to the publication of final rulemaking

1. Upon expiration of the public comment period and/or public hearings, the originating agency will provide the affected agencies a copy of the final materials it intends to publish 20 days before scheduled publication. These materials will be accompanied by a summary the public comments and their disposition and any new issues the final regulations contain which the proposed regulations did not address.
   
2. Upon review of the above information, there shall be a meeting of the affected agencies should a significant interagency conflict exist. After the agency has reached a final decision, the final regulations will then be published in the Federal Register.