Re: a further wrinkle on the lead in soil debate

[kutak_r@ix.netcom.com]

The issue is not so much the holdup on leases or transfers as it is the
uncertainty about what regulators, state and federal , will do after the
transfer. A potential buyer, user etc. has no risk before he takes a
beneficial interest in the property. Once he is on it, this will affect
his susceptibility to an enforcement order. This in turn affects the cost
and availability of insurance, lender support and tenants. Uncertainty is
the killer of business deals, and regulators often fail to recognize
that fact.

Barry Steinberg

hwpetevl@dolsmtp.dol.state.co.us wrote:
>
> If the lead you are concerned about is the result of lead-based paint, you
> may be interested in a new "guidebook" being developed jointly by EPA
> and DOD. A draft is expected by April 15.
>
> The guide will address sampling and abatement of soils in residential
> areas in accordance with HUD Title X regulations and EPA's lead hazard
> levels established in TSCA rules.
>
> Compliance with the guidelines will ensure that EPA will sign off on the
> abatement action. DOD and EPA will agree to disagree on whether these
> soils are subject to CERCLA, but that disagreement will not hold up
> transfers or leases of property.