According to Buerkle, she voted against it because the CPSC cannot implement a rule that falls under the Clean Air Act. The Environmental Protection Agency (EPA) has purview over that. Nelson and other Democrats argued that CPSC has authority over portable generators and should not concede its authority to EPA.
Voluntary standard for manufacturer generators
Buerkle also told the senator that CPSC will adopt a voluntary standard for manufacturers to equip new generators with a shutoff valve. According to her, the shutoff valve will turn off the generator if it detects the carbon monoxide level is above certain standard.
She said, “The shut off technology will be more effective. Our agency, we would be doing the voluntary standard. With the shut off technology, the EPA is out of the picture because there is no jurisdictional issue.”
Buerkle further explained that the Congress directed the CPSC to implement voluntary standard.
Nelson pointed out that voluntary standard is what manufacturers want. According to him, it means manufacturers “wouldn’t do it” because it is voluntary. The agency is not requiring them to equip generators with shutoff technology.
