In the Bush administration, the OMB has usually intervened at earlier, informal stages of rulemaking, where there is no public documentation. That makes it difficult to know where changes in an agency's final rule originated.
Veterans of the process say the ozone dispute was extraordinary because three documents written between March 6 and March 12 spelled out in detail the policy positions and arguments that the OMB and EPA marshaled. The disagreement was over a so-called public welfare standard for ozone, which is designed to protect vegetation, parks and farm lands.
When the EPA sent its final rule to the OMB on Feb. 22, it proposed lowering the permissible ozone "public health" standard to 0.075 parts per million, the concentration in the air over an eight-hour period, from the current 0.084 parts per million.
The agency proposed for the first time changing the secondary standard to one in which ozone would be measured over a seasonal period because of concerns over the cumulative effect the pollutant has on vegetation.
Agricultural interests, including corn growers and others in the biofuels business, opposed the idea. They had a meeting with OMB officials, including Dudley, on Jan. 24. The administration reviewers also met with public health and environmental groups pushing to make the rule more stringent.
In going ahead with the plan for a separate secondary standard, Johnson was following the advice of EPA staff members and scientific advisers.
Dudley fired back in a March 6 memo to Johnson, signaling her opposition. "The draft rule under review does not contain a reasoned basis for concluding that a secondary standard set separate from the primary standard is 'requisite to protect the public welfare,' " she wrote.
The EPA responded the next day that "there is no presumption that the secondary standard should be the same as the primary standard." The agency said it was relying on new research to propose seasonal monitoring. The letter was signed by Marcus Peacock, the deputy administrator who once worked at the OMB review office. The EPA also prepared a "deliberative and confidential" memo on March 11 to support the new, separate standard.
It was then that the feud escalated to the president. Another letter from Dudley on March 12 said Bush concluded the two standards should be the same.
A senior administration official said the exchange of correspondence was included in the public record to demonstrate that no backroom deals had been made.
"We thought it would be in everyone's interest to show clearly what our concerns were and the rationale for those concerns," said the official, who spoke on condition of anonymity because the negotiations were confidential. The goal in posting the documents on government Web sites "was to minimize mischaracterizations of these concerns," the official said.
Johnson said at a news conference that he made the final decision on the rule, though the published preamble to the rule reflects the influence of the OMB and the White House.
Frank O'Donnell, president of Clean Air Watch, an environmental group in the District, said, "EPA was carefully trying to keep records to show [that the OMB] was pushing them in a different direction. They were squashed at the last minute."

















































































