Congressional action, regulatory

The actual standard-setting process is complicated and typically protracted. In current practice, key elements are the preparation of a criteria document by the EPA staff with substantial input from scientists outside the agency. The criteria document is reviewed by the Clean Air Scientific Advisory Committee (CAS AC), which was created in response to congressional action in 1977. The intent of the process of review, and typically of revision, is to achieve a criteria document that C ASAC views as scientifically adequate for regulatory decision making. The most recent criteria document, Air Quality Criteria for Particulate Matter (23), consists of three volumes about 6-in. thick. It represents an encyclopedia of current information on PM. 

There have also been a number of specific safety/ risk standards or exceptions adopted by Congress for particular substances. For example, the Toxic Substances Control Act of 1976 explicitly required EPA to take regulatory action to remove PCBs from the environment. ( ) Even in the face of the seemingly clear and direct congressional mandate, however EPA has found ample room for reasonable interpretation. The exceptions created by EPA have provoked substantial administrative confrontation and court litigation, but have in principle been upheld in the courts.(41)... 

A lead criteria document, the scientific basis for subsequent regulatory action, was issued in December 1977 (U.S. EPA, 1977). An ambient air Pb standard was issued in October 1978 (43 FR 46246 October 5, 1978), with a NAAQS value of 1.5 pg/m Pb, determined as a quarterly maximum arithmetic average. This value was the same for the primary and secondary NAAQS for Pb. This NAAQS for Pb was to be reviewed at 5-year intervals to determine if changes were necessary, with recommendations for changes to come from an independent Congressionally specified advisory body called the Clean Air Scientific Advisory Committee (CASAC). 

In addition, the Small Business Regulatory Enforcement fairness Act requires the OSHA seek congressional review of the methylene chloride standard. If the methylene chloride standard is issued without giving the public an opportunity to review and comment on the revised scientific and economic analyses, this review may be extensive. I urge you to take the time to address valid constituent concerns, so there can be widespread congressional support for OSHA s final action. 

---