Hon. Michael G. Oxley: “Mr. Speaker, during the 104th Congress, the Commerce Committee has been highlighting the problem of inflexible or…”

“Mr. Speaker, during the 104th Congress, the Commerce Committee has been highlighting the problem of inflexible or inappropriate statutory requirements. These requirements can prevent EPA from issuing regulations or facility cleanups that address realistic and significant risks in a cost-effective and cost-reasonable manner. H.R. 2036 embodies the position of the EPA in final rules that were later struck down by the courts. In each case, EPA did a regulatory impact analysis which found that the costs of a given option were exceedingly high and the benefits very low. In each case, EPA sought a more flexible and balanced approach but was ultimately directed by the courts to the most counterproductive result. In their March 2, 1995, summary of the proposed rule EPA wrote-- [t]he Agency is required to set treatment standards for these relatively low risk waste and disposal practices * * * although there are other actions and projects with which the Agency could provide greater protection of human health and the environment. In this particular case, EPA estimates suggest over half a billion dollars will be spent with little if any improvement to human health. Indeed, the Agency states that less safe alternatives may be chosen over more safe alternatives. That is unacceptable.”