[CPEO-BIF]

[LSchnapf@aol.com]

Hi Emery,

I cannot talk about the criminal enforcement issues but I do think it is unconscionable for an agency to allow exposed arsenic to be left in areas where children and others can be exposed to it. I think it is great that you and others are standing up for those with little voice and keeping a watchful eye over an agency that might not be adequately carrying out its obligations.

The key behind risk-based (or as I prefer to call it, land-use based) cleanups is to eliminate exposures to contaminants. I do not think it is a good use of our nation's limited  resources to require pristine cleanups if the exposure can be eliminated using less costly means and the additional cleanup would provide very little if no additional cleanup when those resources can be directed at other social problems. That being said, an agency should not view this approach as a license to disregard the health of the local community to accomodate politically-powerful interests.

The debate gets a little distorted when people view the issues as a battle between polluters and powerless people. Alot of times, the sites are being remediated by parties who had nothing to do with the contamination but are considered liable simply because of their status as landowners. The redevelopment projects can bring new jobs or housing to an area and can also improve the conditions of the community since before the development there is uncontrolled exposure to contaminants. 

If these innocent parties are required to remove all of the contamination with the inherent delays and costs when less costly but protective remedies are available, the projects will not get done, the jobs will not come and the community will continue to be exposed to unhealthy conditions. That to me is just as morally reprehensible as allowing policially influencial interests from paying for their fair share of the contamination. 

Larry

Larry Schnapf
55 E.87th Street #8B/8C
New York, NY 10128
212-996-5395 phone
212-593-5955 fax
www.environmental-law.net website

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