CPSC Reform Bill Clears House Committee

Yesterday, the House Energy and Commerce Committee unanimously approved H.R. 4040, the Consumer Product Safety Commission Modernization Act of 2007. The bill is similar to a bill passed by the Senate Commerce Committee in October which would expand the resources and authority of the agency. Among other things, the bill would:
  • Dramatically increase the budget and staffing at CPSC and dedicate funds for improving its much-maligned testing facility;
  • Require third-party testing and certification for children's products;
  • Ban lead in children's products; and

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House Panel Moves Regulatory Analysis Bill

Last week, the House Small Business Committee unanimously approved H.R. 4458, the Small Business Regulatory Improvement Act of 2008 (SBRIA). Among other things, SBRIA would amend the Regulatory Flexibility Act to force agencies to perform yet more analysis of proposed regulations' impact, while continuing to allow industry lobbying groups to have access to agency proposals before they are released to the public.

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A Year for Failure: Regulatory Policy News in 2007

In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards.

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EPA Begins Rulemaking on Air Pollution Standard for Lead

Yesterday, EPA published an Advanced Notice of Proposed Rulemaking for its planned revision to the National Ambient Air Quality Standard (NAAQS) for lead. Lead is one of six pollutants regulated by the NAAQS program under the Clean Air Act. An Advanced Notice of Proposed Rulemaking (ANPRM) is a relatively minor step in the rulemaking process. Nonetheless, the ANPRM for the lead standard has been controversial because of the range of policy options EPA is considering. According to the ANPRM, EPA may tighten the standard to a level as low as 0.02 μg/m3 from the current level of 1.5 μg/m3. EPA is also considering maintaining the current standard, or eliminating the regulation for lead air quality altogether — an option EPA's own advisors say has no scientific basis. EPA will take comments through Jan. 16 on any and all of its surprisingly broad range of policy options. EPA's revision to the lead standard has been the subject of varying scientific interpretations.

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Update on Bond Amendment

As Reg•Watch blogged Tuesday, Sen. Kit Bond (R-MO) was pushing an amendment which would have forced agencies to analyze a rule's potential impact on "agricultural entities." Because of the way the amendment is written, this designation could apply to almost any business or even entire industries.

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House Small Business to Consider Regulatory Analysis Bill

Thursday morning, the House Small Business Committee is scheduled to mark-up the Small Business Regulatory Improvement Act.

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Bond Amendment Targets Enviro Regs; Tell Your Senators to Vote "No"

Sen. Kit Bond (R-MO) has introduced an amendment to the Farm, Nutrition and Bioenergy Act (H.R. 2419) which would add another analytical burden to the regulatory process. Bond's amendment would require federal agencies to perform additional impact analyses on any rules that may affect a "substantial number of agricultural entities." Because of the way the amendment is written, this designation could apply to almost any business or even entire industries.

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Congressmen Press EPA on Transparency

Friday, Reps. John Dingell and Bart Stupak wrote to EPA administrator Stephen Johnson asking about the agency's transparency policies. The congressmen point out that previous EPA administrators have issued memos outlining proper transparency measures for agency activity but that Johnson has not. Dingell and Stupak do not identify any specific points of opacity or examples of EPA cover-ups; but one issue piqued Reg•Watch's interest. In their final question to Johnson (to which they request responses by Dec. 17), the congressmen ask the following:

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New Database Measures Chemicals in Toys

Today, the Consumer Product Safety Commission announced another recall of a children's product for excess levels of lead. The grand total for 2007 is now 99 recalls totaling more than 16 million products, based on CPSC data compiled by OMB Watch. That is nearly six times more than the number of product recalled in 2006. While a feckless and under-funded CPSC continues to struggle with its mission to ensure product safety, another group has decided to pick up CPSC's slack. Yesterday, the Ecology Center launched a new database at HealthyToys.org.

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The Flaws of Cost-Benefit Analysis: A Case Example

Reg•Watch often complains about the flaws of cost-benefit analysis and the overemphasis policy makers place on it as a tool in decision making. However, when discussing cost-benefit analysis in the abstract, it is difficult to show the practical problems associated with its use.

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