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Chesapeake Bay Foundation Expresses Concern With Acceptable Data Bill

While agreeing with the goal of Senate Bill 263 (Erickson-R-Delaware) to require clear and convincing scientific information to support environmental and other regulations, the Chesapeake Bay Foundation expressed concern about several provisions of the bill.
            In a statement to members of the House, Matthew Ehrhart, Pennsylvania Office Director of CBF, said allowing the Independent Regulatory Review Commission to determine what is scientifically acceptable data and whether that data supports a regulation places an "undue burden" on the IRRC.
            In addition, the definition of "acceptable data" does not include the scientific process of modeling which is essential in helping to create sound, scientific-based regulations on important issues such as air quality, water quality and greenhouse gas emissions.
            "The limiting nature of the definition for 'acceptable data' also neglects the potential for other peer-reviewed methods of collecting and analyzing scientific data," Ehrhart said.
            CBF recommended the bill be amended to include modeling and require an agency proposing regulations to produce an official record of decision which the public and interested groups could review and comment on during proposed rulemaking.
            In response to the concerns expressed by CBF, the PA Builders Association said they do not interpret Senate Bill 263 as requiring the IRRC to determine if an agency's data is the best data.  Its only function, they said, is to determine if it is "acceptable."
            The Builders also said the definition of "acceptable data" is broad enough to include modeling and noted some sort of record of decision-like document is already required by the bill.
            Rep. Mike Sturla (D-Lancaster), and a member of the Chesapeake Bay Commission, has drafted the changes recommended by CBF and plans to offer them on the House Floor when the bill is brought up for a vote, which is likely in the next few voting sessions in the House.


6/27/2011

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