Cohen Gets White House Administrator's Attention on Check Engine Light Issue

WASHINGTON, D.C. – Congressman Steve Cohen (D-TN-9) today sent a letter to Cass Sunstein, Administrator for the White House Office of Information and Regulatory Affairs (OIRA), thanking the Administrator for his interest in the “check engine” light issue and asking him to review the new regulations for the vehicle inspection program.

Sunstein -- who just yesterday released a new directive requiring federal agencies to consider the “cumulative effects” of rules -- said Congressman Cohen’s concern sounded like the type of rule his office might look into (E&E Daily, March 21 – article posted below).

“President Obama has tasked Administrator Sunstein with the job of identifying onerous and burdensome federal regulations and removing them,” Congressman Cohen said. “The ‘check engine’ light issue is a perfect example of a well-intended but flawed federal regulation that forces my constituents to pay for unnecessary repairs in order to legally drive their cars.”

On Wednesday, Administrator Sunstein testified before the House Subcommittee on Courts, Commercial and Administrative Law on the subject of regulatory reform under the Obama Administration, where Congressman Cohen spoke about the “check engine” light issue in his opening remarks. The Office of Information and Regulatory Affairs operates within the Office of Management and Budget and was created by Congress under the Paperwork Reduction Act of 1980. OIRA’s mission is the development and implementation of information quality and statistical standards throughout the federal government.

A copy of the letter to Administrator Sunstein is linked at the bottom of this page.

The following is a news report on the subject:

Lawmaker's pesky 'check engine' light gets White House rule czar's attention

John McArdle, E&E reporter

Published: Wednesday, March 21, 2012

The "check engine" light in Rep. Steve Cohen's 1999 Volvo became a matter of national concern at a hearing today before the House Judiciary Committee.

In his opening statement, the Tennessee Democrat and ranking member of a Judiciary subcommittee asked White House Office of Information and Regulatory Affairs Administrator Cass Sunstein about a frustrating rule that has kept his car from passing an emissions test back home in Memphis.

Cohen has been waging a war against check-engine lights in recent weeks after he was forced to subject his car to multiple diagnostic tests to figure out why the light would not turn off.

When a mechanic couldn't figure out what was wrong, the lawmaker asked for a traditional tailpipe test to try to determine his car's emissions. It turns out his Volvo's emission levels were within permitted limits, but Cohen still had to pay for that test and for a mechanic to finally turn off the infuriating dashboard icon.

The process cost $800 and launched the lawmaker on a crusade that today reached the White House.

"We should not have machines controlling our lives and forcing us to pay mechanics in order to get licenses," said Cohen, who has been among the staunchest defenders of the benefits of the federal rulemaking through the many regulatory debates of the 112th Congress.

Late last month, Cohen announced he was assigning his transportation and environmental staff to take up the check-engine light on behalf of frustrated motorists across Memphis. He eventually wrote a letter to U.S. EPA urging the agency to try to figure out who was responsible for the rule that allows the dashboard light to determine his fate as a motorist.

Two weeks ago, EPA Assistant Administrator Gina McCarthy informed Cohen that emissions testing programs are required under the Clean Air Act but that Memphis and the state of Tennessee recently decided to use the check engine light exam known as onboard diagnostic (OBD) for cars made after 1995.

"Although the OBD program is discretionary in the case of Memphis, EPA supports the decision to incorporate such testing in the local program as a cost effective alternative to tailpipe testing that also protects the consumer," McCarthy wrote.

"One of the benefits of OBD is its ability to detect relatively minor malfunctions before they've had a chance to poison the catalyst or lead to other more expensive exams."

EPA, she noted, has experience working with OBD testing in 30 states and the District of Columbia. "While many of these programs have had start-up experiences similar to those seen in Memphis, these OBD-based programs are running smoothly today," she said.

Cohen's not convinced.

Last week, the lawmaker wrote a letter to Tennessee Gov. Bill Haslam (R) asking that the OBD program be either eliminated or significantly altered.

And today Cohen suggested that Sunstein -- who has been spearheading a White House effort to cut federal red tape -- look into the OBD program because he believes it is "overly, overly, overly" burdensome on motorists.

Judiciary Chairman Lamar Smith (R-Texas), who has been critical of Sunstein's effort because he doesn't believe it goes nearly far enough, was in rare agreement with Cohen on the issue.

"I like Mr. Cohen's three overlies description of some regulations," Smith said.

Sunstein -- who just yesterday released a new directive requiring federal agencies to consider the "cumulative effects" of rules that has already been blasted by advocacy groups for undermining federal regulators -- said Cohen's concern sounded like the type of rule his office might look into (E&E Daily, March 21).