NewsMine — nature-health — environment — pollution — Viewing Item

Epa lifts ban selling pcb polluted property Original Source Link: (May no longer be active)    http://www.azcentral.com/news/articles/0902pcbs02.html http://www.azcentral.com/news/articles/0902pcbs02.html EPA lifts ban on selling land polluted with PCBs Says limits hurt redevelopment, cleanup of sites Peter Eisler USA Today Sept. 2, 2003 12:00 AM WASHINGTON - The Bush administration has ended a 25-year-old ban on the sale of land polluted with PCBs. The ban was intended to prevent hundreds of polluted sites from being redeveloped in ways that spread the toxin or raise public health risks. The Environmental Protection Agency decided that the ban was "an unnecessary barrier to redevelopment (and) may actually delay the clean-up of contaminated properties," according to an internal memo that was issued last month to advise agency staff of the change. The decision, which took effect Aug. 14, has not been made public. It is being treated as a "new interpretation" of existing law, according to the memo, which was obtained by USA Today. As such, no public comment was required. Some EPA officials who monitor PCB sites say that the policy change could make it difficult to track the sale of polluted land, ensure that buyers don't inadvertently spread the toxin or build on the land until it has been cleaned up. The decision also is likely to anger environmental groups and their congressional allies, who have criticized the Bush administration for easing environmental rules to promote development. The policy change opens a door for sales of property fouled with one of the most widespread pollutants of the post-World War II era. EPA officials and other experts estimate that more than 1,000 pieces of property across the nation are contaminated. About 500 of the EPA's 1,598 Superfund sites, the nation's most polluted, contain PCBs. "I see real problems with the EPA and state agencies not having resources or personnel, especially in today's budget climate, to monitor these properties if they start getting transferred," says Sean Hecht, who runs UCLA's Environmental Law Center. The ban on sales "provided leverage to force people to clean up these sites." The government considers PCBs, or polychlorinated biphenyls, to be probable cause of cancer in people. Congress banned their sale and use in 1978. The law has long been interpreted as prohibiting the sale of polluted property unless it had been cleaned up. The new interpretation was developed under EPA General Counsel Robert Fabricant, who issued the Aug. 14 memo informing EPA staff. He resigned the same day. Advocates of the change say it simply aims to resolve cases in which potential buyers want to clean up PCB-fouled sites that now are owned by people who lack the money or ability to do it. "The new owner inherits responsibility for cleanup," says EPA lawyer Bob Perlis, who helped draft the new interpretation. But the EPA already allowed its regional offices to waive the ban on selling PCB-contaminated land when a buyer is willing clean it up. Regional officials say that process slowed the transfer of a few properties but had generally worked.

10 states sue epa over clean air act violations { April 11 2005 } 28 bevhills inside [jpg] America is ravaging the planet { October 24 2003 } Bhhs decorated oil derrick cancer Bush science aide rejects claim of distorted facts { April 3 2004 } Changes to yosemite restricts automobiles { April 1 2004 } Clean air sue { June 13 2002 } Coral reefs { October 24 2000 } Dead electronics threat to environment { January 21 2005 } Drop epa policing Ecological far worse { August 26 2002 } Ehrlich allows chicken waste runoff { June 14 2003 } Epa chief resigns { May 21 2003 } Epa eases pollution rule at power plants { August 27 2003 } Epa lifts ban selling pcb polluted property Epa strips wetlands of pollution controls Feds seek overturn clean air law { September 2 2003 } Hydrogen fuel cells props up coal industry Jeb bush delays everglades cleanup { May 21 2003 } Judge taken off everglades case { September 24 2003 } New judge bad for everglades { September 28 2003 } New rules radioactive waste { November 18 2003 } Oil tanker spain Otters dying west coast { April 30 2003 } Ozone bigger than ever { September 12 2003 } Pentagon is nations biggest polluter { June 30 2008 } Pollution algae leaves chesapeake life gasping { August 7 2003 } Pollution controls Pollution related beach closings way up { August 5 2004 } Putin puts last spike in kyoto { December 3 2003 } Record level of toxins 2002 Rocket fuel contaminant found in breast milk { February 23 2005 } Russia rejects pact on climate { December 3 2003 } Sheep die after eating contaminated plants Smog impedes kids lung development Soft drink leaks from factory destroys watercourse Texas reactor leak { May 1 2003 } Texas river mysteriously turns reddish orange { January 10 2006 } Us eases air restrictions older power plants Water polluting Whitehouse ease mercury rules { December 3 2003 } Files Listed: 41

Correction/submissions

CIA FOIA Archive

National Security Archives

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information, go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purpose of your own that go beyond 'fair use', you must obtain permission from the copyright owner.