Why The Gas Stove Controversy Is More Than ‘Much Ado About Nothing’
Two girlfriends hanging out in urban apartment
getty
What are we all to make of this week’s controversy over an alleged intention by the Biden administration’s Consumer Product Safety Commission to formulate regulations that might end up banning future sales of natural gas stoves and cooktops? Was it, as some now contend, much ado about nothing, or is it, as others say, just a continuation of a long-term war on fossil fuels by policymakers acting at the behest of the environmentalist lobby?
The claim that it was all much ado about nothing becomes difficult to accept when one pays attention to recent comments made by CPSC Commissioner Richard Trumka, Jr., a Biden appointee. In December, Trumka said “We need to be talking about regulating gas stoves, whether that’s drastically improving emissions or banning gas stoves entirely,” he said, adding “and I think we ought to keep that possibility of a ban in mind, because it’s a powerful tool in our belt, and it’s a real possibility here.”
Oh.
When some congressional Republicans and Democratic Senator Joe Manchin began to raise an alarm after becoming aware of Trumka’s remarks, the Commissioner said in a tweet that “My guiding duty is protecting consumer health and safety. Gas stoves can emit dangerous level of toxic chemicals – even when not in use – and @USCPSC will consider all approaches to regulation.”
This really doesn’t seem all that ambiguous, does it? Mr. Trumka clearly has a concern about gas stoves – whether valid or not – and obviously believes the Commission on which he sits should consider “banning gas stoves entirely.”
As the controversy started to build on Monday, Trumka attempted to soften his prior language on the matter in a tweet:
Editor
Best Covid-19 Travel Insurance Plans
ByAmy DaniseEditor
Sen. Manchin, the powerful Chairman of the Senate Energy and Natural Resources Committee, weighed in on the matter Tuesday, saying in a statement that “This is a recipe for disaster. The federal government has no business telling American families how to cook their dinner. I can tell you the last thing that would ever leave my house is the gas stove that we cook on. If this is the greatest concern that the Consumer Product Safety Commission has for American consumers, I think we need to reevaluate the commission.”
WASHINGTON, DC – JANUARY 27: Ranking Member Joe Manchin, D-WV, speaks during a hearing to examine … [+] the nomination of Former Michigan Governor Jennifer Granholm to be Secretary of Energy, on Capitol Hill, January 27, 2021 in Washington, DC. (Photo by Jim Watson-Pool/Getty Images)
Getty Images
That same day, Trumka created even more confusion and concern when he re-tweeted an article at Cubed.com which not only advocates for a ban on gas stoves, but carries a headline comparing them to cigarettes. Given that even the most tilted studies about health impacts from gas stoves have struggled to identify any clear cause and effect relationships, a comparison to tobacco is completely unfounded and not worthy of being endorsed by a member of the CPSC. But the tweet remains up on Trumka’s account as of this writing.
By Wednesday, Trumka’s various remarks and tweets had resulted in so much uproar in congress and the media that CPSC Chairman Alexander Hoen-Sarcic felt the need to issue a statement sort-of denying any current move by the Commission to ban gas stoves. “To be clear,” he said, “I am not looking to ban gas stoves and the CPSC has no proceeding to do so.” So far, so good.
But then, the next paragraph in Hoen-Sarcic’s statement contained a significant qualification to that sort-of denial: “CPSC is researching gas emissions in stoves and exploring new ways to address any health risks…This spring, we will be asking the public to provide us with information about gas stove emissions and potential solutions for reducing any associated risks.”
Those who understand how the federal regulation-making process works will know that it is governed by the provisions of the Administrative Procedures Act. That law requires that the first step to formulating any new regulation is for the agency/commission/bureau to post a notice of proposed rulemaking in the Federal Register, stating a rationale for the proposal and soliciting comments from the public on the matter. That’s exactly the process Chairman Hoen-Sarcic is talking about in that statement.
What we end up with here is a non-denial denial from the Chairman that is completely consistent with the original comments made by Commissioner Trumka. The CPSC does theoretically possess the power to ban gas stoves if it can concoct a rationale for doing so that would stand up in court. That is, as Trumka said, one possible outcome of any new rulemaking.
So, is it all much ado about nothing? Not really, no, although it could end up being an over-reaction to a nascent rulemaking process that could end up going nowhere.
I will plan to cycle back on this one a year from now. By then, we should have a better idea of where it is all headed. For now, though, you can keep on cooking with gas.
