And now:[EMAIL PROTECTED] writes: From: [EMAIL PROTECTED] Message-ID: <[EMAIL PROTECTED]> Date: Fri, 1 Oct 1999 09:50:53 EDT Subject: NOTE: Your Help Needed for Clean-up of Toxic Waste Subj: Superfund toxic cleanup program under attack Date: 9/30/1999 1:48:15 PM Pacific Daylight Time From: [EMAIL PROTECTED] (Bradley Angel) To: [EMAIL PROTECTED] PROTECT COMMUNITY HEALTH AND THE ENVIRONMENT! URGENT ALERT: FEDERAL SUPERFUND PROGRAM UNDER ATTACK! Superfund is under attack in Congress. Superfund is the federal law which cleans up heavily contaminated toxic waste sites; there are over 1200 of these sites in the nation, many in communities of color. One of the ways Superfund does this is to hold polluters responsible for the pollution they have created by reserving the right to hold them liable for all the costs of cleaning up a site, even though they may only be partially responsible for the pollution. This gives the EPA a tremendous stick to bring polluters to the table to negotiate the specific actions required to cleanup a site. Superfund is a federal program run by EPA and in some cases it is necessary for the states and local governments to impose cleanup standards and practices on the polluter and EPA. These are known as relevant and applicable requirements (RARs). In many instances, without RARs, communities become re-exposed to toxic substances during the cleanup process. The House of Representatives leadership wants to move the Superfund bill (HR 1300) to the floor for a vote within two weeks. Action: We need you to contact your Congressperson and ask them to oppose HR 1300, the latest attempt to gut Superfund. The Capitol Switchboard number is 202-224-3121. Details: HR 1300 will gut Superfund by: 1. Changing the liability provisions from joint and several (you can be held liable for all the contamination at a site) to proportional liability (you can only be held responsible for a share of the contamination). This liability scheme has created an enormous disincentive for polluters to create new Superfund sites and an incentive to come to the table and negotiate with EPA for cleanup costs. Think of it as a very big stick to get polluters to do the right thing. The effect of this change in liability schemes will be to grind existing cleanups to a halt just as the program is hitting its stride. States also rely on the joint and several liability provisions of Superfund for their state Superfund programs. (California never uses its proportional liability provisions when they sue polluters, they always use the federal provisions because they result in faster cleanups). 2. Repealing the requirement that Superfund cleanups adhere to relevant and appropriate requirements (RARs) that state's impose on the cleanup. These RARs vary by state and local regulatory authorities, but govern not only cleanup standards (such as maximum contaminate levels allowed in water), but also releases of toxic chemicals during cleanup i.e. requirements to mitigate blowing dust during cleanups. 3. Shifting who pays for some portions of cleanups from the polluter to the taxpayer. Liability carve outs for special interests (for example waste haulers Waste Management and BFI) would shift $750 million dollars in costs from polluters to taxpayers pocketbooks. 4. HR 1300's overly broad exemption for small business applies to entities with up to 75 employees and $3 million in gross revenues. This exempted portion will have to be picked up by taxpayers. 5. HR 1300 ramps down funding for the program after 2003, although it is far too early to know how much funding will be needed for sites, especially as EPA starts reviewing all the sites it has capped and fenced. These sites must be re-evaluated under Superfund's mandatory 5 year review provision. 6. By requiring focus on "current and reasonably anticipated land use" the bill puts the burden on decision makers and communities to justify cleanup levels to unrestricted/residential levels, rather than requiring polluters to show why such uses are unlikely--thus limiting future options for community growth and development. 7. The bill fails to provide for consideration of environmental justice in prioritizing cleanups, and fails to enhance the public's Right to Know. Thank you for taking action on this important issue. For more information contact Jane Williams 661-256-0968 or email [EMAIL PROTECTED] --------------------------------------------- Greenaction for Health and Environmental Justice http://www.greenaction.org phone (415) 252-0822 fax (415) 252-0823 1095 Market Street, San Francisco, CA 94103 Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
