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A case in point is the EPA’s Federal Advisory Committee for the negotiated rulemaking on limiting the Chemical Data Reporting (CDR) requirements for recycled inorganic byproducts, as mandated by the recently revised Toxic Substances Control Act (TSCA).
The regulatory reform process, itself, matters. What seemed like a straight-forward task to develop a deregulatory proposal that EPA would use for a proposed rulemaking in the near future slid into an intractable stalemate within the Committee over a number of months. The following factors contributed to the stalemate:
This is important because negotiated rulemakings like this one tend to have greater success in achieving their ostensible outcome—in this case, a proposed rule that reduces CDR requirements for recycled inorganic byproducts. Despite the Committee’s stalemate, EPA has latitude in developing a CDR proposal. While this TSCA negotiated rulemaking process could still produce a deregulatory outcome, this episode may be a sign of future difficulties in achieving regulatory reform.
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