Regulatory Review Tested

Wielding a new, expedited procedure that allows Congress to overturn recently issued regulations, House Republicans plan to challenge a methylene chloride exposure rule that takes effect today in the furniture industry.

The "Resolution of Disapproval," sponsored by Rep. Roger Wicker, R-Miss., and co-sponsored by Appropriations Chairman Livingston and Education and Workforce Chairman Goodling, will be the first test of a streamlined procedure that lets Congress quickly consider overturning agency regulations.

Under the law, Congress has 60 legislative days, which is expected to be reached in June, to disapprove a new regulation. The disapproval procedure does not require the leadership of either chamber to bring the resolution to a floor vote, but does allow a small number of senators or House members to discharge the legislation out of the committee of jurisdiction.

The Senate cloture rule does not apply to disapproval resolutions. Thus, a simple majority in each chamber can prevent a rule from going into effect. The president, however, can veto the bill.

But House opponents of the OSHA methylene chloride regulation are hoping it does not come to a vote. GOP aides said they believe that by airing the issue next week in hearings by subcommittees of the Small Business and the Education and Workforce committees, political pressure will build on the administration to change the rule.

Methylene chloride is used by furniture manufactures to cleanse and restore antique furniture, and as part of the foam contained in the seat backs of chairs. It is also used to clean metal, especially on airplanes.

Before today, workers could not be exposed to more than 500 parts per million of methylene chloride during an 8-hour work period. The new regulation, issued in January, lowers the threshold to 25 parts per million during eight hours.

With those reduced exposure limits, small businesses dealing in furniture say the additional costs of compliance could put them out of business, and that the substitute chemical recommended by the EPA is more flammable.

"They didn't think about the real world aspects of regulating, especially that the alternatives could be more flammable," an aide said.

Republicans will charge during the hearings that OSHA and EPA did not adequately consider the regulation's effect on small businesses as required by law, aides said. Specifically, they claim OSHA violated the Regulatory Flexibility, Small Business, and the Paperwork Reduction acts.

And like the recent debate over EPA's proposed Clean Air Act regulations, Republicans also will challenge the science used to determine the 25-parts-per million figure, a GOP aide said.