2010 CPEO Brownfields List Archive

From: larry@schnapflaw.com
Date: Wed, 10 Nov 2010 12:51:48 -0800 (PST)
Reply: cpeo-brownfields
Subject: [CPEO-BIF] US Mayors Brownfield Report
 

I think an unaddressed question is how much of brownfield assessment or cleanup grant funds have been used at former corporate facilities for which there are still viable PRPs?  I think the federal government should seriously consider seeking cost recovery from viable PRPs for brownfield sites where EPA has awarded brownfield assessment or cleanup grants. In a time of diminishing federal  resources, this could help assure there will be sufficient funds in the future for more brownfield funding as well as help replenish the superfund account.

I am not suggesting using cost recovery up front since this would delay redevelopment. Nor am I suggesting that EPA pursue small businesses or disqualify an application/grantee because a viable PRP is around. However, when brownfield grants are used to assess former corporate facilities-especially those abandoned in the past 20 years (i.e, after the passage of CERCLA)- it seems to be we are creating yet another moral hazard to those that have occurred in the past decade since cmpanies can export jobs to Asia and abandoned their facilities figuring that the local government will apply for brownfield funds to clean up the mess they left behind.

It would be interesting to see if EPA even tracks how many sites that received brownfield funding have viable PRPs associated with them. If I was a betting man, I'd wager that EPA does not compile such info.

Yet another example of the erosion of the "polluter should  pay" framework.  

Schnapf Law Offices 
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