NEWS RELEASE
Committee on Energy and Commerce Democrats
Congressman John D. Dingell, Ranking Member

Top House and Senate Democrats Release Comments on 
Proposed EPA Rule

Top House and Senate Democrats filed comments on a proposed rule by the Environmental Protection Agency (EPA) that would weaken environmental standards required by the 2002 Brownfields law. 

In a letter to EPA Administrator Michael O. Leavitt, Representatives John D. Dingell and Hilda L. Solis, and Senators James M. Jeffords and Barbara Boxer, the ranking members of the committees and subcommittees with jurisdiction over the Brownfields and Superfund programs, and Representative Frank Pallone, Jr., said that the Administration's proposed rule on environmental inquiry standards undermines key principles of the Brownfields amendments to the Superfund law.

The key principles at stake are that the redevelopment of property be encouraged without sacrificing public health or the environment, and that polluters, not taxpayers, pay for cleanup. The members concluded that portions of EPA's proposed rule on “All Appropriate Inquiries” are inconsistent with the intent of Congress and are contrary to law. 

Specifically, the lawmakers raised concerns that the proposed rule weakens the standard for environmental inquiry that is required by statute with regard to the sale or transfer of property and for qualification for liability exemptions. The lawmakers said the proposal:

• Establishes a weak environmental inquiry standard that will result in contaminated property going undiscovered while environmental damage continues to worsen;

• Increases the risk that sellers reap excess profits from the sale of contaminated property and put those profits out of reach before the contamination is discovered;

• Makes it more likely that taxpayers, not polluters, will foot the bill for cleanup once contamination is found; and,

• Allows purchasers who fail to find contamination due to the weak environmental inquiry standard to claim a liability exemption after taking possession of the property and to take no steps to further investigate and address environmental problems.