Sure, the so-called “midnight regulations” are nothing new for an outgoing administration to take advantage of. In fact, in their waning hours every administration has attempted in some way, shape, or form to use this ability to correct the scorecard on their way out the door. These regulations, like nearly all issued by federal agencies, do not require congressional approval. Why is this alarming?

In the case of a rule change issued last Friday by the Environmental Protection Agency, factory farms will be exempt from reporting releases of hazardous substances like ammonia and hydrogen sulfide. Rep. John D. Dingell (D-MI), the Chairman of the Committee on Energy and Commerce, called the action by the EPA “nothing more than a giveaway to Big Agribusiness at the expense of the public health and of local communities located near large factory farms.”  

Environmental Protection Agency officials said the changes will allow responders to focus on spills and releases from factories, natural disasters and other emergencies that require urgent attention. According to an Associated Press article, the EPA said it would also reduce reporting burdens on America’s farmers, saying it is difficult to estimate the pollution coming from “a herd of cows.”

“When there is a train wreck, we need to know about it because we need to go out and look at chemical spills,” Barry Breen, director of the agency’s Office of Solid Waste and Emergency Response, told the AP. “When there is a lagoon full of manure there is nothing our folks can do when they show up.”
 
“All of the available evidence speaks to the shortsightedness of the new rule,” said Rep Dingell.  “The environmental community, state clean air agencies and local emergency response authorities have decried this regulatory change.  The Government Accountability Office has suggested EPA does not have the data it needs to accurately assess which animal feeding operations are emitting these pollutants.  The EPA’s own scientists have acknowledged the very significant health effects from substances like hydrogen sulfide and ammonia.

“It is therefore disappointing that, in the waning days of the Bush Administration, the EPA would make this midnight-hour move to finalize this ill-conceived proposal.   In the 111th Congress, I will be working closely with my colleagues to determine what remedies are available to block or reverse this regulatory change.”