[CPEO-BIF] Re: Brownfields Digest, Vol 6, Issue 8

[LSchnapf@aol.com]

The OSHA/EPA or state environmental interplay is one of the critical issues with VI, particularly with historical contamination. I have encountered situations where the property is impacted with TCE from prior use but the current use operation does not use TCE. The business owner tries to claim that the OSHA standard applies since the OSHA PELs are so much more lenient than state or EPA levels. 

If the business does not use the chemical that is causing the VI problem, clearly OSHA PEL should not apply. A more difficult question is when the business does use the substance but has not complied with the OSHA workpractice rules (e.g., personal protection equipment) and notice to employees. Can the state or EPA step in and impose their more stringent standards. 

Larry

-- 
Larry Schnapf
55 E.87th Street #8B/8C
New York, NY 10128
212-876-3189 home 
212-756-2205 office
212-593-5955 fax
www.environmental-law.net website

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