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Blanche Lincoln

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Obama's Regulatory Moment

Posted: 06/06/2012 11:05 am

When you ask small business owners from Nevada to Pennsylvania what the greatest obstacle in the way of their success is, they echo what numerous studies have indicated for months: government regulations. They'll point to specific rules like the lead renovation, repair and painting rule, which impose costly and redundant training and certification costs on painters, plumbers and remodeling contractors. Or they might discuss new threats that are in the works, such as an EPA rule under White House review that could set new limits for commercial boiler emissions, which are already so closely regulated they can barely be measured.

But overwhelmingly, small businesses point out the paralysis and uncertainty they feel because of the nearly 4,200 pending regulations backed up in the pipeline. Over the last five years the number of rules costing $100 million or more has increased by 60 percent. In 2010 alone, the number of major rules introduced increased by over 20 percent from the previous year. These figures are a clear indicator of how out of balance the system has become, and it's having real consequences for the business community. Earlier this year, a Gallup poll found 85 percent of small businesses aren't hiring. Nearly half said government regulations were a reason why.

For many small business owners, a string of stories over the past several weeks has effectively confirmed theirs fears that the federal regulatory agenda is out of touch with today's economic realities, and even that it's not on their side at all. Lest it bog him down further, President Obama has an opportunity to address these concerns by reaffirming his commitment to creating a business-friendly regulatory environment.

Specifically, the issue emerged last month when a high-ranking EPA official, Regional Administrator Al Armendariz, explained his agency's philosophy of 'crucifying' oil and gas companies to make it easier to regulate private companies. Mr. Armendariz resigned days after his comments surfaced. He was scheduled to clarify his remarks in testimony before the House Energy and Commerce Committee today, but canceled his appearence late Tuesday night. Unfortunately, the issue won't go away by ignoring it. The administration needs to address the perceived "us versus them" attitude between federal regulators and the private sector, and allay the worries of countless small business owners who are watching closely.

Fortunately, there's reason to believe the course can be changed. By calling for greater transparency and accountability we can begin to again reverse the disconnection between Washington and the rest of the country. And the President has taken many steps to do that. In May he stated: "We will remain vigilant when it comes to eliminating regulations that are not necessary or that impose unnecessary burdens on America's families and businesses." This is welcome progress, but breaking the cycle and improving the process will take more than public statements and executive orders alone. The President needs to make practical reforms to clean up the regulatory process; many small businesses can't wait until November.

There are a number of commonsense steps the President could take to start. Ideas like requiring agencies to use a consistent process to evaluate new data and determine if new regulations are needed; including indirect costs when calculating the benefits and costs of proposed rules; and soliciting small business input throughout the regulatory process would go a long way in making the changes small businesses need. Just as importantly, taking these steps would signal to business owners that President Obama is fighting for the changes he promised.

When pitted against each other, both regulators and the business community suffer, and the mounting tension between the two could hurt the President's campaign. I don't believe the recent headlines from the EPA reflect the Administration's policies. But by improving the transparency and inclusiveness of the regulatory system, the President can both focus attention on what he is doing to bolster the business environment and ensure we are implementing smarter, more mutually-beneficial rules moving forward.

 

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12:23 AM on 06/12/2012
"a string of stories over the past several weeks has effectively confirmed theirs fears that the federal regulatory agenda is out of touch with today's economic realities."

With more than $4 trillion in cash setting on the sidelines, it should come as a surprise to no one why the economy added only 69,000 jobs in May and unemployment grew to 8.2%. The fact is, Americans no longer trust Wall Street, which reflects negatively on federal banking and market regulators tasked with protecting investors.

Please sign the petition to the U.S. Senate Banking and House Financial Services Committee asking for improved oversight of federal banking and market regulators.

To read more about what we’re trying to do and to sign the petition, click here:
http://www.change.org/petitions/u-s-senate-banking-and-u-s-house-financial-services-committees-use-technology-to-provide-oversight-of-u-s-banking-and-market-regulators?share_id=HTpDoOQNJgpe=d2e

It'll just take a minute!
09:03 AM on 06/11/2012
Ray Cote, can you please expand on those 4200 regulations that you have indicated are forthcoming Please.
12:55 AM on 06/11/2012
there is just no way to deny that government get's more and more into peoples life.let me first start with the not small biz. aspects.more and more red light and speeding cameras - just for trying to fill up empty city,state etc.pockets.thankfully though they're getting a hard push back from lots of people who had enough.more often all these "regulations" in traffic distract more and lead to slowing down traffic and sometimes accidents.now a little closer to the small biz.aspect.apartement investor puts in split ac-city finds out-nightmare begins.lots of $ lost.the split ac (compared to wall unit)would've also been better for environment,less noisy, less monthly energy consumption etc.others had to wait for a "certain" screw 6 mo. for approval.BigShots wanted to buy a beautiful Social Club Building which needs improvement but shyed away because of angst of dealing with the city.i could go on.now to the small biz.situation-watch Fox-J.Stossel.also check out the so called "wet land" scenario which creates a nightmare for quite some. next situation:China dumps tons of concrete in ocean to built (not acceptable), here you can't even do a little if really needed.next look at the Monster Judicial (Court) System-Overregulation,Overbureaucracy everywhere.next the 60000 pages taxcode.
10:52 PM on 06/10/2012
I'm a small business owner and the biggest barriers for me are banking fees for business accounts, and the fees charged by the banks and etransaction quipment companies for debit and credit card purchases.
These companies make zillions in profits that directly effect my profits.
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HUFFPOST SUPER USER
DataBoy
13.8 billion years old and counting!
07:30 PM on 06/14/2012
My bank called in our LC when everything went sour in '08 even thought we were flush with cash and flow. I have no sympathy for whatever dirt is dealt that "system".
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
10:18 PM on 06/10/2012
There are regulations of significant beenfit and value to society, the environment and the stability of the economy.

There are also regulations that provide no benefit whatsoever. A simple example that has been around since 1990 is the Tier II reports. As required under the Emergency Planning and Community Right-to-Know Act most staes require companies with hazardous chemicals to file a Tier II report. Under this regulations any chemical with an MSDS is considered hazardous.

My company uses only food grade chemicals. As such they are commonly considered non-hazardous. Not so under this regulation.

My company uses several thousand chemicals, most in fairly small quantities. The state where my plant resides uses a reporting threshold of one pound.

I file a 900 plus page Tier II report each year, three chemicals on each page. This report is used by emergency responders that read it enroute while responding to an emergency call. The local Fire Chief admits that they don't and won't read my report. It's too involved to be of any use. (Instead we hold fquent familiarization tours and allow the local emergency responders to use my plant for training.)

Why can't the Fire Chief be heard when he lobbies against receiving reports like mine.

By the way, that useless report costs me about $10K to produce every year.

That is just one example of a regulation that does not work as intended and costs money with no benefit.
Mildmannered
"Be excellent to each other"
11:14 PM on 06/10/2012
Lobby the EPA to change the regulation?
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
09:35 AM on 06/11/2012
The business association to which I belong has been lobbying for a change. I have also written many letters to my elected officials. This is a long, slow process that I don't hold much hope for.
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HUFFPOST SUPER USER
hardinfo
04:00 PM on 06/12/2012
Perhaps OTHER localities do a better job and USE the reports? Perhaps that means your chief is not the person for the job?
Federal regulations (unfortunately) attempt to deal with problems that might affect anyone and any company in the United States of America. How do you calculate that the specific report you refer to costs YOU about $10K per year? Perhaps you should find a better accountant? If that regulation saves ONE life somewhere in the country each year are you suggesting it serves no benefit? Your viewpoint might just be a bit myopic.
09:50 PM on 06/10/2012
Its good she is a former senator. She is no friend to the liberal/progressive cause. She is a pro-business shill that stood with the teapublicans in their obstruction of the agenda the public elected Obama to carry out.
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HUFFPOST SUPER USER
Ray Cote
11:17 PM on 06/10/2012
Obama got 53% of 60% of people who bothered to vote. Sounds like he's got the support of a hair over 30% of the American people (actually less since not all Americans are eligible to vote).
HUFFPOST PUNDIT
stopthe
11:46 PM on 06/10/2012
Another red herring from the right.This is true of EVERY elected official.
Bothered to vote? You seem to forget the right wing is out to decrease eligibility.The right is trying to shrink the voting pie.They actually want to be elected by a LOWER percentage of the American people.
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LazarusRises
Tax The Rich, Feed The Poor!!
09:27 PM on 06/10/2012
Blanche, there is a definitive reason you are an EX. Take the voter's hint & go away. No one cares what you think. I surely do not.
09:24 PM on 06/10/2012
I am a small business man and have been for 30 years. What regulations is Blanche referring to? I have no new regulations that are interrupting my business. The main problem that I and businessmen lThat I know face is lack of demand. Seriously, what regulations is she referring to?
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HUFFPOST SUPER USER
Ray Cote
10:39 PM on 06/10/2012
"They'll point to specific rules like the lead renovation, repair and painting rule, which impose costly and redundant training and certification costs on painters, plumbers and remodeling contractors. Or they might discuss new threats that are in the works, such as an EPA rule under White House review that could set new limits for commercial boiler emissions, which are already so closely regulated they can barely be measured."

http://www.youtube.com/watch?v=g5Z1Q21_sVU
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HUFFPOST SUPER USER
Ray Cote
11:18 PM on 06/10/2012
Depends on what business you're in. Are you sure you're aware of all the regulations you need to follow (like the 4200 pending regulations)?
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HUFFPOST SUPER USER
hardinfo
04:03 PM on 06/12/2012
Specifically- WHAT? Name let's say TEN that directly affect you, what the direct cost of these regulations is to your business, and finally what is the worst thing that might happen if this regulation might not exist for everyone in the nation?
09:06 PM on 06/10/2012
"When you ask small business owners from Nevada to Pennsylvania..."

Um, you mean, "When you ask conservative business owners..." because over here in the real world, the problem most small business owners have is a lack of customers because nobody has any disposable income anymore. This analysis is just completely wrong-headed. The economy needs to be stimulated, not freed of the last few remaining regulations that actually exist. Business needs very badly to be more restrained than it currently is, especially large corporations. Your advice here is just more of the same poison the Republicans have been making us all drink for the past 30 years.
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HUFFPOST SUPER USER
DataBoy
13.8 billion years old and counting!
07:33 PM on 06/14/2012
You betcha you're right(!) What a load of nonsense.

The ONLY federal regs the vast majority of small businesses are affected by are OSHA and workers comp (and I don't even know if work's comp is federal, we just pay it and suck it up).

As far as small business, the REAL small business, this article does not speak for us.
09:01 PM on 06/10/2012
Yea, and I'm not starting a business as a 'hit man' because the government regulates against killing other people and I might get caught. Man up guys! The right to pollute and poison other people is not quite inalienable, and probably never should have been! Regulations are there to protect "we the people" against the con men, the crooks, and the sleaze bags who thrive by 'getting one over' on others who are not them, their relatives, and their pay-to-play friends; and some don't even include relatives on their exclusion list :-)

It does disturb me that those who made and profited from the lead paint, the asbestos, and those other bad products, those who applied it to the building in the first place, and those who have profited from its application and use should have been the ones to pay for the cleanup :-) ........similarly for those who, created the poison byproducts, dumped the poisonous aftermath of their production process, and those who put in and abandoned those underground tanks.

The fact is that there are and have been multiple generations of numerous families living high off the fact that they and their ancestors never had to pay for the damages that their brilliant business enterprises, and their amazingly special selves created while passing misery on to others; and forget about inheritance taxes, or any tax of any kind! They're special! They're job creators!
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
10:05 PM on 06/10/2012
You must feel that the EPA hasn't crucified enough industries yet.
HUFFPOST PUNDIT
stopthe
11:51 PM on 06/10/2012
Yea the oil companies really have been crucified.They can negligently burn people alive and spoil the seas and still go on to make record profits. Who are you kidding?
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HUFFPOST SUPER USER
hardinfo
04:05 PM on 06/12/2012
And yet you avoided specifying ANY regulation that the EPA uses to "crucify" and of course what LAW that regulation is attempting to enforce.
08:43 PM on 06/10/2012
Business has thrived on it's license to freely suck the resources of the nation, and to dump its dirty effluent into the land, air, and sea. And they have taken the profits from those burdens that they have dumped on the rest of society and padded their bank accounts with them I feel badly that those who came before them have already walked away penalty free with great wealth leaving lead, chromium, radon, and tons of unnamed chemicals behind, but the cost of doing business has to include paying for the resources that "we the people's" land, air, and sea give forth, and for the cleanup of the mess that's left behind. The true measure of profit has to include the cost.
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HUFFPOST SUPER USER
Ray Cote
11:20 PM on 06/10/2012
That's the problem with regulations. If the businesses follow the regulations then you can't sue them for damages.
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HUFFPOST SUPER USER
hardinfo
04:05 PM on 06/12/2012
Sure you can. You can bring suit against anyone. Winning might be problematic.
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HUFFPOST COMMUNITY MODERATOR
dwillisno1
Learning to Butt Heads Without Being Buttheads
07:35 PM on 06/10/2012
It has to be the pinnacle of naivete to believe that small business or large business are not expanding for what ever reasons they give. The fact that they say its the regulations, doesn't make it so. Few who are regulated want to be regulated. What I know from experience that for a far to large a number of people and businesses, that without the regulation, they just plain won't do it right!!!
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Crispus-Attucks
Read Walter Williams!
07:25 PM on 06/10/2012
Finally, some shades of common sense. So long as we keep burdening businesses with costs and regulations they're not going to invest during tough times.
HUFFPOST PUNDIT
stopthe
12:08 AM on 06/11/2012
I am a small business owner and I can tell you from experience this is bullshit. If there is demand businesses will hire. If they are not regulated they will pollute, they will cheat, they will endanger. It is not for no reason that we regulate.

Any honest empericism will lead to the same conclusion. If capitalism was self regulating we never would have had the destruction to our rivers, the fouling of the air and soil in the first place.I remember before the EPA when the river I swam in as a kid boasted belly up poisoned fish and sludge along its shores. Who owns the rivers? Not the befouling industries. We hold them in common. It is ours,all of ours . It is not some private self interested cabals to do as they want with it.
If there are new customers, clients or consumers to serve, businesses will hire.The alternative view is historically inaccurate and a far right wing generated myth.
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HUFFPOST SUPER USER
hardinfo
04:08 PM on 06/12/2012
If they can make a profit they WILL invest. Until you can point at specific regulations and what the actual cost of regulation is compared to the cost of not having that regulation you are not showing "common sense" you are showing ideology. So how about showing some common sense?
07:24 PM on 06/10/2012
You forgot to mention Obamacare, Mrs. Lincoln.
06:52 PM on 06/10/2012
I'm not surprised she's now an NFIB lobbyist.