Category Archives: Government Regulations

The EPA HURTS The Environment And Impedes Law Enforcement


Guest posting by Richard F. Cronin

Sept. 15, 2017

As a Chem. Engr. with 40+ years’ experience, I can tell you that the current embodiment of the U.S. EPA HURTS the environment and impedes law enforcement.

The EPA only responds to the constituency which advances the reach and power of the EPA. That would be radicalized, out-of-control environmental groups. A good read on this topic is “Environmentalism Gone Mad” by Alan Carlin — former Sierra Club activist and EPA analyst.

http://environmentalismgonemad.com/

The minority leader on the U.S. Senate Committee for Public Works & the Environment is Tom Carper (D-DE). He is grossly complicit in the near-criminal activities of the EPA under the Obama administration. I have written to my Senator several times on this topic as well as the chimera of “renewable energy” and have been stiff-armed every time. Senator Carper is up for re-election in 2018 and is rumored to be mulling retirement. It can’t happen fast enough by my lights.

The EPA was established in 1973, by Richard Nixon, another advocate for growing the reach and power of the federal government. The major legislation for Clean Air and Clean Water Acts were passed in the 1960s and after a few revisions became pretty sound, state-of-the-art, readily interpreted, and enforceable body of regulations. All private interests, such as chemical companies, were on a level playing field. Regulations for solid wastes (RCRA) followed in 1976. Again, with a few tweaks RCRA became a pretty good body of regs.

Then in the ensuing years, the layer upon layer of over-regulation accumulated, which degraded the regs into a set of mandates that not even EPA regulators could interpret because of inconsistencies and contradictory guidance.

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Repeal The Endangerment Finding–Talk To The RINOs


Somehow, I am on Climate Home’s email list.  The news in this edition is several months old, but a couple of its postings bother me a lot.  While the postings do not address repeal of the Endangerment Finding, they do leave me wondering how committed are the Congressional Republicans to the draining of the EPA swamp”?

Several years ago, a hearing before the Supreme Court was being conducted, that wanted CO2 to be added, as a pollutant, in the Clear Air Act. Congress had passed and the President had signed the Clear Air Act into law a number of years prior to the case in question.  Despite the fact that the legislative body of the US Government had considered CO2 and had rejected it being included, the Supreme court said that the EPA should determine if CO2 was a danger to the nation.  The EPA cherry picked the science from the IPCC, in particular, and announced that indeed CO2 was endangering the nation.  So, the Supremes, ignoring the separation of powers, said ok, it’s now the law of the land that CO2 is a pollutant. From that moment, the EPA has been writing the laws about CO2. They have carte blanc to do whatever they want. 

By now the Trump Administration should have acted to repeal this inclusion of CO2 on several bases.  One: the science is bogus and two: the Supremes overstepped their Constitutional authority.

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The Myth of Man-made Ozone Depletion


Guest Post by Richard F. Cronin

August 3, 2017

After 31 years working for E.I. DuPont de Nemours here is my understanding about “ozone depletion” — the warm-up act for anthropogenic CO2-induced “global warming”.  Even the proponents of human-induced “ozone depletion” are starting to realize that the thinning of the ozone layer is a natural phenomenon that just waxes and wanes.

http://www.theozonehole.com/2017ozonehole.htm

Ozone (O3) is produced in the stratosphere by the intense solar radiation causing photo-dissociation of the di-atomic oxygen molecule (O2). The oxygen singlet (- O) is a powerful oxidizing agent and readily reacts with another O2 molecule to yield ozone.   Ozone is not produced during the dark polar winters and its lowest point is in the early spring. The ozone layer is renewed by the sunlit polar summers.

Molina and Rowland published in 1974 and their core premise is that heavier-than-air chloro-fluoro carbons (CFCs) convect upwards using a “one dimensional diffusion model”, where they photo-dissociate due to ultraviolet radiation in the band of 2000 Angstroms to yield ozone -destroying chlorine and bromine. Molina and Rowland also stated that CFCs do not dissolve in water, so they are not scrubbed out by rain at lower elevations. However, it is known that organo-halogens adsorb on dust particles and aerosols which are scrubbed out by rain in the troposphere.  Finally, volcanoes emit CFCs as well as copious amounts of hydrofluoric acid (HF), hydrochloric acid (HCl) and hydrodrobromic acid (HBr) which carry up to the stratosphere. (Ian Plimer, et al).  See “Heaven and Earth” by Ian Plimer, University of Adelaide.  There is always some equilibrium presence of these molecules, in trace quantities.

http://onlinelibrary.wiley.com/doi/10.1029/RG013i001p00001/full

Click here for Atmospheric aerosols in the Earth System

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How Energy And The Paris Agreement Fit In President Trump’s Plans To Make The US Economically Strong Again


A posting by sundance titled “Angela Merkel Reflects Fear And Loathing Amid EU Elites…”.  I believe provides an important perspective on the President Trump’s America First Strategy.  I have focused on Energy and the Paris

Agreement, but Trump’s strategy, as laid out by the author, sundance, is more that those two items.  It really is a plan to make the US economically strong again.

President Trump has put a jaw-dropping U.S. energy platform solidly into place.  You can learn more about them HERE and HERE.  The announcements last week are tectonic in consequence though seemingly lost amid the chafe of media reporting over twitter spats.

Everything President Trump’s team does is connected to a bigger, much bigger, picture than most people are paying attention to.  However, those who control the levers of multinational power are paying very close attention.

At it’s core and central elements ‘America-First’ is about prosperity and national security through the utilization of leveraged economic power.   For four decades, as he built out his empire of holdings, every-single-day at every-single-opportunity, Donald Trump voiced vociferous frustration that politicians were allowing the U.S. to be controlled, lessened, weakened and robbed by multinational economic interests.

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Paris Agreement Doomed By Projected Coal Based Power Plants


The Global Warming Policy Forum (GWPF) posted “Forget Paris—1600 New Coal Power Plants Built Around The World.”  The GWPF provides the chart below that focuses on Europe, Asia and Africa using data from Coal Exit.com:


 

 

 

 

As you can see, China already has 2,363 coal based plants and expects to have 1,171more.  It comes as no surprise that China and India are major users of coal based power currently and they will be the major builders in the future.  No other country is even close.  It is illustrative to see that European nations are forecast to be increasing coal based capacity, not reducing it as their none too subtle “holier than thou” attitude would suggest.

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Congress Needs To Take Ownership Of Regulations


The preceding posting “Federal Regulations And Intervention Cost America Consumers And Businesses $1.9 Trillion In 2016, discussed the scope and effect regulations have on the economy.  This posting will look at some solutions.

From the CEI posting titled “Ten Thousand Commandments 2017comes the following excerpts:

A regulatory liberalization agenda would provide genuine economic stimulus and offer some confidence and certainty for businesses and entrepreneurs.

Steps to Improve Regulatory Disclosure

Certainly, some regulations’ benefits exceed costs, but net benefits or even actual costs are known for very few. Without more complete regulatory accounting, it is difficult to know whether society wins or loses as a result of rules.

An incremental but important step toward greater openness would be for Congress to require— or for the Office of Management and Budget to initiate—publication of a summary of available but scattered data.

Regulations fall into two broad classes: (a) those that are economically significant (costing more than $100 million annually) and (b) those that are not. Agencies typically emphasize reporting of economically significant or major rules, which OMB also tends to emphasize in its annual assessments of the regulatory state. A problem with this approach is that many rules that technically come in below that threshold can still be very significant in the real-world sense of the term.

Ending Regulation without Representation: The Unconstitutionality Index—27 Rules for Every Law

Agencies do not answer to voters. Yet in a sense, regulators and the administration, rather than Congress, do the bulk of U.S. lawmaking. But agencies are not the only culprits. For too long, Congress has shirked its constitutional duty to make the tough calls. Instead, it delegates substantial lawmaking power to agencies and then fails to ensure that they deliver benefits that exceed costs.

Agencies face significant incentives to expand their turf by regulating even without demonstrated need. The primary measure of an agency’s productivity—other than growth in its budget and number of employees—is the body of regulation it produces. One need not deplete too much time and energy blaming agencies for carrying out the very regulating they were set up to do in the first place.

For perspective, consider that in calendar year 2016 regulatory agencies issued 3,853 final rules, whereas the 114th Congress passed and President Obama signed into law a comparatively few 214 bills. Thus, there were 18 rules for every law in 2016 (see Figure 24). The ratio can vary widely, but the average over the decade has been 27 rules for every law. Rules issued by agencies are not usually substantively related to the current year’s laws; typically, agencies administer earlier legislation. Still, this perspective is a useful way of depicting flows and relative workloads.

Regulatory reforms that rely on agencies policing themselves will not rein in the regulatory state or fully address regulation without representation. Rather, making Congress directly answerable to voters for the costs that agencies impose on the public would best promote accountable regulation. Congress should vote on agencies’ final rules before such rules become binding on the public.

Well, why don’t they vote on agency final rules?

Concern about mounting national debt incentivizes Congress to regulate rather than to increase government spending to accomplish policy ends.

By regulating instead of spending, government can expand almost indefinitely without explicitly taxing anybody one extra penny.

This creates unfunded liabilities. Leaving the people regulated to fund the regulation. Congress could pass a law intending to reduce homicides in the US by requiring an increase of police officers per square mile of city area to match New York’s successful program of 119 officers per square mile.. This would require, for example, a doubling of Chicago’s police force according to a posting by Politics & City Life titled “City Size and Police Presence.” This might be a great idea, but either fund it or let the people in Chicago decide if they want to double the police force.

Affirmation of new major regulations would ensure that Congress bears direct responsibility for every dollar of new regulatory costs. The Regulations from the Executive in Need of Scrutiny Act (REINS) Act (H.R. 26, S. 21), sponsored by Rep. Doug Collins (R-Ga.) and Sen. Rand Paul (R-Ky.), offers one such approach. It would require Congress to vote on all economically significant agency regulations—those with estimated annual costs of $100 million or more. It has passed the House in the current and three previous congressional sessions but has not moved forward in the Senate.

Congressional rather than agency approval of regulations and regulatory costs should be the goal of reform. When Congress ensures transparency and disclosure and finally assumes responsibility for the growth of the regulatory state, the resulting system will be one that is fairer and more accountable to voters.

Please read the entire CEI report by clicking here.

cbdakota

Federal Regulations And Intervention Cost American Consumers And Businesses $1.9 trillion In 2016.”


President Trump says he wants to drain the SWAMP.  When I think of draining the swamp, I think of shrinking the government.  Specifically aimed at getting rid of the many bureaucrats that are virtually a law unto themselves.  They are not working to carry out the Executive and Legislative wishes, but rather to impose their agendas. They do this by co-opting legislative authority though regulations and rulemaking and by employing “red tape” to detour the executive intentions.   (This is often known as the Deep State.)

The Competitive Enterprise Institute(CEI)’s Vice President for Policy and the US economy, Clyde Wayne Crews, Jr. produces an annual survey of the size and scope and cost of federal regulations. Then that is translated into how those regulations affect the American consumers, business and the US economy. Crews reports that “Federal regulations and intervention cost American consumers and businesses $1.9 trillion in 2016.”

 

Crews’ effort is captured in the following posting “Ten Thousand Commandments 201: A Fact Sheet”:

Federal government spending, deficits, and the national debt are staggering, but so is the impact of federal regulations. Unfortunately, regulations get little attention in policy debates because, unlike taxes, they are unbudgeted, difficult to quantify, and their effects are often indirect. By making Washington’s rules and mandates more comprehensible, Crews underscores the need for more review, transparency, and accountability for new and existing federal regulations.

The 2017 report is unique and will serve as a benchmark to measure President Trump’s efforts to cut red tape against those of his predecessors. President Obama’s final year in office showed a regulatory surge. Will Trump keep his promise and slam the breaks on overregulation?

 

Highlights from the 2017 edition include:

 Federal regulations and intervention cost American consumers and businesses $1.9 trillion in 2016. When you add the taxpayer dollars government agencies spent administering these regulations, the total cost of the regulatory state reached $1.963 trillion last year.

 Federal regulation is a hidden tax that amounts to nearly $15,000 per U.S. household each year.

 In 2016, 214 laws were enacted by Congress during the calendar year, while 3,853 rules were issued by agencies. Thus, 18 rules were issued for every law enacted last year.

If it were a country, U.S. federal regulation would be the world’s seventh-largest economy, ranking behind India and ahead of Italy. 

    Many Americans are concerned about their annual tax burden, but total regulatory costs exceeded the $1.92 trillion the IRS collected in both individual and corporate income taxes in 2016.

 Some 60 federal departments, agencies, and commissions have 3,318 regulations in development at various stages in the pipeline.

The five most active rulemaking entities–the Departments of the Treasury, Interior, Transportation, Commerce and the Environmental Protection Agency–account for 1,428 rules, or 43 percent of all federal regulations, under consideration.

 The 2016 Federal Register contains 95,894 pages, the highest level in its history and 19 percent higher than the previous year’s 80,260 pages.

 Last year, the Obama administration averaged 86 “major” rules, a 36 percent higher average annual output than that of George W. Bush. Obama issued 685 major rules during his term, compared with Bush’s 505.

 

That is quick look at the Federal regulations and intervention that cost American consumers and businesses $1.9 trillion in 2016.

Deplorable!

Crews has some ideas, worthy of consideration, on how to fix this major, and growing problem.  That’s next.

cbdakota