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Pinto
Sep 28, 2003, 07:34 PM
More energy shenanigans.


Κ GOP Seeks to Open Spill-Cleanup Funds to Polluters
ΚΚΚ By Elizabeth Shogren
ΚΚΚ Los Angeles Times

ΚΚΚ Friday 26 September 2003
The energy bill would be modified to let firms use tax money to help undo leak damage from their underground tanks. Democrats object.



ΚΚΚ WASHINGTON - Abandoning long-running talks with Democrats, House Republicans plan to move ahead with a proposal allowing more companies to tap federal funds to clean up spills of gasoline and other petroleum products from underground storage tanks, members of Congress said Thursday.

ΚΚΚ The proposal has been debated for months in a House subcommittee but has not yet won approval, with opponents saying the GOP version would allow polluters to evade financial responsibility for their spills.

ΚΚΚ Now, the subcommittee chairman, Rep. Paul E. Gillmor (R-Ohio), is trying to add the measure to the massive energy bill that already has passed the House and Senate, lawmakers and congressional aides said. Gillmor is a member of the House-Senate conference committee revising the energy bill.

ΚΚΚ The measure would allow the Leaking Underground Storage Tank Trust Fund, made up of money from a gasoline tax, to pay for cleanups if the cost would impair the operator's ability to stay in business. It would also bar the federal government from seeking repayment from the owners for cleanup costs.

ΚΚΚ A similar proposal approved by the Senate early this year drew complaints from Christie Whitman, then head of the Environmental Protection Agency, who said it would violate the principle that polluters must pay for cleanups. That principle was established by the 1980 Superfund law.

ΚΚΚ "This clause runs afoul of the long-standing 'polluter pays' principle" established by the 1980 Superfund law, Whitman said of the Senate provision in a March 7 letter to a House committee chairman. She also said that the provision would "limit the agency's ability to recover even partial costs" from a polluter's insurance company.

ΚΚΚ The House and Senate began work on the issue after the EPA and the General Accounting Office, the investigatory arm of Congress, concluded that not enough has been done to repair and replace leaky underground storage tanks, which can pollute drinking water with benzene, the gasoline additive MTBE and other hazardous chemicals.

ΚΚΚ Lawmakers working to reconcile House and Senate versions of the energy bill have not yet agreed to include Gillmor's proposal, said Marnie Funk, spokeswoman for the Senate Energy and Natural Resources Committee. But several House aides and an industry lobbyist said it likely would be included.

ΚΚΚ The EPA regulates nearly 700,000 storage tanks, most containing petroleum, on 265,000 properties throughout the country. As of a year ago, more than 427,000 leaks from those tanks had been confirmed and more than 284,000 contaminated sites had been cleaned up over the previous decade, according to the EPA.

ΚΚΚ Gillmor said he could not imagine why Democrats would oppose the cleanup measure.

ΚΚΚ "Let's say you have a site where whoever polluted it doesn't have the money to clean it up. If you don't pay for [the cleanup] out of the fund, it doesn't get cleaned up, and that's not very good for the environment," said Gillmor, who is chairman of the House Energy and Commerce Committee's subcommittee on environment and hazardous materials. "It's not getting rid of the general principle of polluter pays."

ΚΚΚ The measure would also encourage operators to voluntarily seek training to help avoid mistakes that result in leaks, send more of the trust fund to the states for the cleanups and establish a new timetable for states to inspect storage tanks, the House aides and lobbyist said. It would also hold companies liable for delivering gasoline to a tank that they know is leaking or broken, they said.

ΚΚΚ But Rep. Hilda L. Solis (D-El Monte), the ranking Democrat on the subcommittee, said that the proposal would allow companies with means to pay to avoid accountability for polluting.

ΚΚΚ "I'm quite disappointed with the Republicans," Solis said. "They want to change the rules and say that a big polluter doesn't have to pay back the trust fund."

ΚΚΚ Solis said she was worried that the trust fund, which now has $2 billion, would quickly be depleted. She also complained that the measure had been drafted behind closed doors.

ΚΚΚ Solis said that the fate of the measure is especially important in California because of its problems with MTBE contamination.

ΚΚΚ The measure would also encourage operators to seek training to help avoid mistakes that result in leaks, send more of the trust fund to the states for the cleanups and establish a new timetable for states to inspect storage tanks, the House aides and lobbyist said.



Taft
Sep 28, 2003, 07:54 PM
Hey, I have no problem with creating a fund to clean up environmental damage from polluting companies.

But it should only be used to cleanup damage when a company can absolutely not pay for it. Which means going all the way to bankruptcy court, if necessary.

If a company pollutes irresponsibly or intentionally, and they can't afford to clean it up, they shouldn't be in business anymore. No government loans to pay it back. No leeway. Either pay, or go bankrupt trying. The government should get priority in retrieving funds from the bankrupt company's assets to pay back the fund used for cleanup.

Somehow I doubt this bill has these provisions.

Taft

Taft
Sep 28, 2003, 07:56 PM
Oh how I wish I could delete this...

Desertrat
Sep 28, 2003, 08:55 PM
I don't remember when the $30 billion "Superfund" bill passed and was signed into law. Late 1970s?

Anyway, a provision of the law was that whoever was the present owner of polluted land was responsible for the costs of cleanup, no matter what earlier owner had actually done the nasty.

After some ten or fifteen years, no cleanup work had been done, but over half the $30 billion had been spent in legal costs of court actions brought by present owners who had not made the pollution occur. Lawyers got wealthy, but no cleanup...

That's one of the reasons a bank won't finance the purchase of a tract where once there were underground gasoline storage tanks at some little Mom'n'Pop operation, now defunct and the land desired for other uses.

As a generalization, I'd rather see a cleanup than a lawsuit. Better our tax money gets spent on cleanup than legal fees--'cause it's one or the other.

'Rat

zimv20
Sep 28, 2003, 10:45 PM
Originally posted by Desertrat
As a generalization, I'd rather see a cleanup than a lawsuit. Better our tax money gets spent on cleanup than legal fees--

why? won't the money the lawyers get just trickle down anyway?

Ugg
Sep 29, 2003, 12:13 AM
The part about the govt. not being allowed to go after a company's insurance company really bothers me. What's an insurance company for?

As with any regulatory legislation, the Superfund went a little too far. Unfortunately, Congress chose not to alter it and it went to the courts instead. It's become a lot more workable over the past decade and a little tweaking is in order but this is obviously a payoff to gw's buddies and goes way too far.

I agree that any business that chooses not to monitor its tanks and allows massive contamination to take place should go out of business. The little leaks should be paid for by the insurance companies.

Water sources are very expensive to uncontaminate if they can be uncontaminated at all.

shadowfax
Sep 29, 2003, 12:14 AM
Originally posted by zimv20
why? won't the money the lawyers get just trickle down anyway? i'd almost rather let it trickle down from telemarketers, though...

pseudobrit
Sep 29, 2003, 12:20 AM
Ah, shameless voodoo Bushonomics and corporate payoffs that would make Reagan blush.

zimv20
Sep 29, 2003, 12:33 AM
Originally posted by pseudobrit
Ah, shameless voodoo Bushonomics and corporate payoffs that would make Reagan blush.

remember when reagan revamped the student loan program?

neither does he.

(that's what you get for cutting alzheimer's funding, ****************)