II

104TH CONGRESS

1ST SESSION S. 229

To require the Administrator of the Environmental Protection Agency to

conduct risk assessments and cost-benefit analyses in promulgating regulations relating to human health and the environment, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 13 (legislative day, JANUARY 10), 1995

Mr. DASCHLE (for Mr. BAUCUS) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To require the Administrator of the Environmental Protection Agency to conduct risk assessments and cost-benefit

analyses in promulgating regulations relating to human

health and the environment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RISK ASSESSMENT AND COST-BENEFIT ANALY4 SIS.

5 (a) REQUIREMENT.—Except as provided in sub6 section (b), in promulgating any proposed or final major

7 regulation relating to human health or the environment,

8 the Administrator of the Environmental Protection Agen-
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1 cy shall publish in the Federal Register along with the

2 regulation a clear and concise statement that—

3 (1) describes and, to the extent practicable,

4 quantifies the risks to human health or the environ5 ment to be addressed by the regulation (including,

6 where applicable and practicable, the human health

7 risks to significant subpopulations who are dis8 proportionately exposed or particularly sensitive);

9 (2) compares the human health or environ10 mental risks to be addressed by the regulation to

11 other risks chosen by the Administrator, including—

12 (A) at least three other risks regulated by

13 the Environmental Protection Agency or an14 other Federal agency; and

15 (B) at least three other risks that are not

16 directly regulated by the Federal Government;

17 (3) estimates—

18 (A) the costs to the United States Govern19 ment, State and local governments, and the pri20 vate sector of implementing and complying with

21 the regulation; and

22 (B) the benefits of the regulation;

23 including both quantifiable measures of costs and

24 benefits, to the fullest extent that they can be esti-
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1 mated, and qualitative measures that are difficult to

2 quantify; and

3 (4) contains a certification by the Adminis4 trator that—

5 (A) the analyses performed under para6 graphs (1) through (3) are based on the best

7 reasonably obtainable scientific information;

8 (B) the regulation is likely to significantly

9 reduce the human health or environmental risks

10 to be addressed;

11 (C) there is no regulatory alternative that

12 is allowed by the statute under which the regu13 lation is promulgated and that would achieve an

14 equivalent reduction in risk in a more cost-ef15 fective manner, along with a brief explanation

16 of why other such regulatory alternatives that

17 were considered by the Administrator were

18 found to be less cost-effective; and

19 (D) the regulation is likely to produce ben20 efits to human health or the environment that

21 will justify the costs to the United States Gov22 ernment, State and local governments, and the

23 private sector of implementing and complying

24 with the regulation.
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1 (b) SUBSTANTIALLY SIMILAR FINAL REGULA2 TIONS.—If the Administrator determines that a final

3 major regulation is substantially similar to the proposed

4 version of the regulation with respect to each of the mat5 ters referred to in subsection (a), the Administrator may

6 publish in the Federal Register a reference to the state7 ment published under subsection (a) for the proposed reg8 ulation in lieu of publishing a new statement for the final

9 regulation.

10 (c) REPORTING.—If the Administrator cannot certify

11 with respect to one or more of the matters addressed in

12 subsection (a)(4), the Administrator shall identify those

13 matters for which certification cannot be made, and shall

14 include a statement of the reasons therefor in the Federal

15 Register along with the regulation. Not later than March

16 1 of each year, the Administrator shall submit a report

17 to Congress identifying those major regulations promul18 gated during the previous calendar year for which com19 plete certification was not made, and summarizing the rea20 sons therefor.

21 (d) OTHER REQUIREMENTS.—Nothing in this section

22 affects any other provision of Federal law, or changes the

23 factors that the Administrator is authorized to consider

24 in promulgating a regulation pursuant to any statute, or
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1 shall delay any action required to meet a deadline imposed

2 by statute or a court.

3 (e) JUDICIAL REVIEW.—Nothing in this section cre4 ates any right to judicial or administrative review, nor cre5 ates any right or benefit, substantive or procedural, en6 forceable at law or equity by a party against the United

7 States, its agencies or instrumentalities, its officers or em8 ployees, or any other person. If a major regulation is sub9 ject to judicial or administrative review under any other

10 provision of law, the adequacy of the certification prepared

11 pursuant to this section, and any alleged failure to comply

12 with this section, may not be used as grounds for affecting

13 or invalidating such major regulation, although the state14 ments and information prepared pursuant to this section,

15 including statements contained in the certification, may

16 be considered as part of the record for judicial or adminis17 trative review conducted under such other provision of law.

18 (f) DEFINITION OF MAJOR REGULATION.—For pur19 poses of this section, ‘‘major regulation’’ means a regula20 tion that the Administrator determines may have an effect

21 on the economy of $100,000,000 or more in any one year.

22 (g) EFFECTIVE DATE.—This section shall take effect

23 180 days after the date of enactment of this Act.

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