Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE MARKUP OF H.R. 4591, THE “STOCKHOLM AND ROTTERDAM TOXICS TREATY ACT OF 2005”

STATEMENT IN SUPPORT OF THE SOLIS SUBSTITUTE

July 12, 2006

I support the alternative offered by the Ranking Member of the Subcommittee, Representative Solis. It would provide the Environmental Protection Agency (EPA) with rulemaking authority and a regulatory standard that would allow it to promptly implement the control measures recommended by the Conference of the Parties for a new chemical, sometimes called “the 13th POP.” It would allow EPA to proceed in an efficient and expeditious manner.

The Democratic substitute fully protects U.S. sovereignty. The Department of State has informed the Subcommittee in writing that it agrees that the Democratic substitute “would not require automatic adoption of decisions of the COP [Conference of the Parties]” and it agrees that the Democratic substitute would not delegate regulatory powers to the United Nations. Under the Democratic substitute, the United States would not be bound by any future chemical listings under POPs unless the President affirmatively consented to be bound by the listing of a new chemical. In addition, EPA would not be allowed to regulate a newly listed chemical if EPA decided the chemical substance is not likely to lead to significant human health or environmental effects.

The Democratic substitute requires EPA to use a health-based standard in deciding whether and how to regulate the very worst chemicals on the planet – chemicals that are persistent and can be transported long distances. In the words of the chief U.S. negotiator, these POPs “can wreak havoc in human and animal tissue, causing nervous system damage, diseases of the immune system, reproductive and developmental disorders, and cancers.” The lead EPA negotiator for the Treaty testified that “control of POPs therefore is about protecting our food supply, protecting the fetus and protecting the safey of breast milk for infants.” A health-based regulatory standard, therefore, is fundamental to protecting the health of our citizens.

The health-based standard in the Democratic substitute is one of the critical reasons I support it rather than H.R. 4591. H.R. 4591 would establish an untested cost-benefit standard, that will undoubtedly lead to lengthy litigation. The rulemaking standard contained in H.R. 4591 appears nowhere in the POPs Treaty or in existing U.S. law. Expert testimony informs us that the standard will not properly account for public health benefits. According to the lead EPA negotiator for the Treaty, the standard in H.R. 4591 “would render it difficult if not impossible for the EPA to take action to implement POPs listings.”

Moreover, the Democratic substitute also permits the States to enact more stringent requirements for POPs chemicals to protect the health of their citizens. In contrast, H.R. 4591 would preempt more stringent State laws, and create a dichotomy where States would be free to adopt more stringent State regulations for POPs chemicals that are pesticides, but would have very limited ability to adopt more stringent State regulations for POPs chemicals that are not pesticides. H.R. 4591 is more preemptive of State law than Congressional enactments in the Solid Waste Disposal Act, the Clean Water Act, and the Safe Drinking Water Act.

I urge all Members to support the Democratic substitute offered by Representative Solis.

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(Contact: Jodi Seth, 202-225-3641)