A House subcommittee today approved two bills that would ensure farmers continued access to a pesticide and asthma patients access to an over-the-counter inhaler.

Both the pesticide and the inhaler contain chlorofluorocarbons, an ozone-depleting substance that U.S. EPA seeks to phase out of production under the Montreal Protocol. The legislation approved today would override EPA's decisions on the pesticide methyl bromide and the asthma inhaler known as Primatene Mist.

The methyl bromide bill passed the Energy and Commerce Subcommittee on Energy and Power by voice vote. The asthma inhaler legislation passed 15-6, with Democrats voting against the measure. The bills now move to a markup at the full committee level.

Before the vote, Democrats reiterated concerns that the subpanel was moving too fast on the bills, having had a hearing on them only yesterday. They complained that no administration officials testified at the hearings, although EPA did provide a statement opposing both bills.

Subpanel Chairman Ed Whitfield (R-Ky.) said administration officials had been invited, but the Food and Drug Administration declined outright and EPA provided only the written testimony.

Like yesterday, much of the discussion over the asthma legislation centered on whether Primatene Mist was an effective inhaler in the first place, and not over EPA's role in taking it off the market at the beginning of the year. Rep. Henry Waxman (D-Calif.) sparred with Republican members over the issue, saying he didn't see a reason to bring the inhaler back to the market.

"Are we to take the position that it's OK for people to take a drug that may be dangerous to them because it's cheaper?" Waxman asked. "Or do we think we ought to have a standard that drugs ought to be effective and safe?"

EPA pulled the drug, which uses CFCs as a propellant to inject medicine in patients' mouths, from the market at the beginning of the year. Other, more expensive alternatives are available for asthma patients, but there are currently no other over-the-counter inhalers on the market.

Rep. Michael Burgess (R-Texas), who sponsored the asthma legislation, defended the bill and the drug.

"What do you mean, it's a dangerous drug? It's been on the market over the counter for 50 years," he said.

Democrats expressed concerns that the legislation, especially the methyl bromide bill, would undermine the U.S. role in the Montreal Protocol.

The bill would set into statute a list of "critical uses" for which farmers can use methyl bromide, which was phased out of the market beginning in 2005.

Members accepted three amendments to the bill before voting to approve it. A provision by Rep. Lee Terry (R-Neb.) would require the EPA administrator to ensure that sufficient quantities of methyl bromide are available for research on alternatives to the pesticide.

A pair of amendments by Whitfield would make it easier for the EPA administrator to adjust critical use nominations made to the parties of the Montreal Protocol and would add critical uses to the legislation approved after 2005.

Democrats voting against the legislation: Reps. Waxman, John Dingell of Michigan, Lois Capps of California, Mike Doyle of Pennsylvania, Gene Green of Texas and subpanel ranking member Bobby Rush of Illinois.

Solyndra

The latest Energy and Commerce Committee fight over the defunct solar panel company Solyndra will have to wait another week as the Energy and Power Subcommittee today postponed its markup of Florida Republican Cliff Stearns' controversial "No More Solyndras Act."

Whitfield said Republicans are "totally committed" to ending the Department of Energy loan guarantee program under which Solyndra received $535 million before going bankrupt last fall. But with upward of 15 amendments to the Florida Republican's bill, Whitfield said the debate would be too complex to be included in today's markup.

The legislation -- which represents something of a culmination of Stearns' 17-month probe of Solyndra by his Subcommittee on Oversight and Investigations -- would set a cutoff date on applications for new loans, provide additional review requirements on the issuance of new loans, place greater reporting requirements on DOE for existing loans and disallow the controversial practice of loan subordination when managing struggling loans.

In opening statements yesterday, Waxman called the legislation a "political bill" designed to keep Solyndra in the news. Since the company's spectacular failure last August, Solyndra has become the face of what Republicans describe as the Obama administration's misguided investments in green energy.

In his comments yesterday, Energy and Commerce Chairman Fred Upton (R-Mich.) said Republicans want to spur innovation and support a role for DOE in basic research. But, he said, when it comes to the loan guarantee program that has provided billions of dollars to green companies to help bring their products to the market, few are delivering and taxpayers aren't getting their money's worth.

"The 'No More Solyndras Act' is designed to ensure taxpayers are never again left holding the bag on the government's risky bets," Upton said. "There are better ways to support 'all of the above' energy solutions."