Folks, I've noted some discussion on this topic recently. In addition to www.leadfree.org, IPC hosts a Leadfree forum, as well as compliancenet covering regulatory issues. The following message was posted to both those forums. It's FYI. jack
>>> "Lisa Haynes" <[log in to unmask]> 04/18/01 05:45PM >>> Dear Committee
I am forwarding below an update on the Lowered Reporting Threshold for Lead under TRI. The message was written by the counsel for the ad-hoc metals coalition, of which IPC is a member.
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As I'm sure everyone has heard by now, the Bush Administration announced yesterday that it would not intervene to halt the effective date of the TRI lead rule. The media has reinforced what was obvious, that this was a political move that the Administration felt was necessary to rehabilitate itself for the hits it has taken on previous environmental decisions. Many have criticized the Administration for bungling its handling of the earlier matters, but regardless of fault, the fact remains that with Earth Day coming up and environmental activists having a field day over the Administration's unpopular moves, a political sacrifice was felt necessary.
As you probably also noticed, no mention at all was made of the scientific controversy over PBT and metals, and we expect that after the hoopla dies down over the political gamesmanship, those issues will once more take their rightful place in the debate. Late yesterday, NFIB announced it will file a legal challenge, stressing the small business issues. The press release is pasted below. That case will be consolidated with ours, and we will work with NFIB to maximize our efforts. We have received a great deal of positive feedback on the complaint we filed in court, and we have drawn a very good judge in Paul Friedman. He is known for being balanced and smart, no doormat for the government, and we could have done far worse.
In her press conference, Administrator Whitman steadfastly refused to rule out a settlement, and noted that further scientific review could change the Administration's position, so it would appear our strategy remains on course: press for an early and thorough SAB review and an expeditious EPA reconsideration of its rule in light of the SAB's findings. Meanwhile, we will explore settlement negotiations with EPA seeking to stay the rule while the SAB review occurs. Even if EPA cannot agree to that, for political reasons, we will press for expeditious SAB review, which could well be completed before the court case moves into high gear.
The political front does not appear to hold great potential at the moment, but two hearings are scheduled for next Tuesday, April 24, that will take issue with aspects of the rule. The Senate Small Business Committee will have a witness from the metal finishers industry who will testify to EPA's inadequate small business outreach on this rule as part of a hearing on agency circumventions of SBREFA, and a subcommittee of the House Government Affairs Committee will refer to problems with the rule's science and small business outreach in a hearing on inappropriate paperwork burdens. At some point down the road, we may want to seek help, if needed, to push EPA to move the SAB review and stay the rule, but I think it is too soon to start that initiative until we see how things sort out.
Please let me know if you think it would be helpful to have a meeting to discuss these new developments. This is a pretty sorry decision for an Administrator who promised at her confirmation hearing that she wanted science to drive policy and not the other way around, but don't lose heart: it's not over yet! Best, Jane
**FOR IMMEDIATE RELEASE Contact: Aaron Taylor April 17, 2001 (202) 554-9000
NFIB TO SUE OVER EPA LEAD RULE
The NFIB Legal Foundation today announced its plans to file suit against the U.S. Environmental Protection Agency (EPA) to block a new lead-reporting regulation issued in the last weeks of Bill Clinton's presidency. The regulation would require thousands of businesses to report their use of lead. EPA Administrator Christie Todd Whitman said that the Bush Administration will allow this midnight regulation to be implemented.
The NFIB Legal Foundation complaint against the EPA - to be filed the week of April 23 - will cite the agency's failure to comply with the Small Business Regulatory Enforcement Fairness Act (SBREFA), which requires that regulating agencies take into account the concerns of small businesses when promulgating such rules. NFIB contends that EPA did not take the concerns of small business into account when issuing the regulation.
NFIB's complaint will be filed in the U.S. District Court for the District of Columbia. The NFIB Legal Foundation is represented by the Atlantic Legal Foundation, a non-profit public interest foundation that advocates the principles of free enterprise and challenges burdensome or illegal government regulations.
"Less than 24-hours after the most dreaded day of the year for many small-business owners, the government declared that it will require thousands of small employers to fill out burdensome new paperwork to document their use of lead," said Tom Sullivan, Executive Director of the NFIB Legal Foundation.
"Yesterday, the hated three-letter word was IRS. Today, it is EPA, as the EPA ignored the plea from small business owners and moved ahead to codify rules rushed through during the final days of the Clinton administration."
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The NFIB Legal Foundation is a private foundation designed to protect the rights of America's small-business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business (NFIB) is the nation's largest small-business advocacy group. A nonprofit, nonpartisan organization founded in 1943, NFIB represents the consensus views of its 600,000 members in Washington and all 50 state capitals. More information is available on-line at www.nfib.com.
Fern Abrams Director of Environmental Policy IPC - The Association Connecting Electronic Industries 1400 Eye Street NW, Suite 540 Washington, DC 20005 202-638-6219 fax 202-638-0145
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