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David Cay Johnston: Is my friend aware of, on page 49 of the Dole-Johnston amendment, where it explicitly says, ``This subchapter shall not…

On the recordJuly 11, 1995
Is my friend aware of, on page 49 of the Dole-Johnston amendment, where it explicitly says, ``This subchapter shall not apply to risk assessment performed with respect to--'' you go down to ``(C), a human health, safety or environmental inspection, an action enforcing a statutory provision, rule, or permit or an individual facility or site permitting action, except to the extent provided''? In other words, it exempts the human health, safety or environment inspection from the risk assessment. Moreover, was my friend aware that under subsection (f) on page 25: A major rule may be adopted and may become effective without prior compliance with the subchapter if--(A) the agency for good cause finds that conducting cost-benefit analysis is impractical due to an emergency or health safety threat that is likely to result in significant harm to the public or natural resources . . .? So, in other words, my question is, is my friend--indeed, is the Secretary--aware that, first of all, inspections are exempt and, second, that you can go ahead and do a rule without either cost-benefit analysis or a risk assessment if there is a threat to health or safety?
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David Cay Johnston
West Virginia

Editor's note · Context

Discussing provisions of the Dole-Johnston amendment related to risk assessment and health inspections.

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