We've Moved!!!

As of January 1st, I've moved my blog to my website at http://www.efisinfo.com/blog/default.aspx

Join me there for more Superfund News!

Developers in Manville NJ want the Rustic Mall Property Removed from the Superfund National Priority List

The Rustic Mall Property is a 10 acre site in Manville New Jersey contaminated with creosote. The site has undergone years of cleanup. The town of Manville and the developers want this site removed from the National Priority List (NPL) so the former site can be developed, which can add revenue to the town, increase attractiveness and shed off the negative image of a superfund site. Many town folk mistakenly believe that the only necessary measure is that the owner of the site gain necessary state approved deed notice. To be removed from the Superfund Priority List does not mean that the site is clean and is not contaminated. A site needs to undergo at least 5 years of groundwater monitoring to verify that the cleanup action has met the Record of Decision criteria, then and only then can a site be deleted from the NPL List, which is really what the developers desire. I hope this explanation clarifies the situation.

Upcoming Congressional Debate Concerning Oil Excise Tax

Everyone has heard the recent television commercial concerning the upcoming gas tax. The commercial states that this new tax will increase the price of gas resulting in further layoffs; and is bad for the economy especially at this critical time of stagnant economic expansion. This tax is not new and was in existence at the time of Presidents Regan’s and George Bush’s administrations. This so called “Superfund Tax” expired in 1996 and the fund ran out of funds in 2003. The funds were used to clean up the orphan sites when no viable responsible party could be found. Orphan share sites currently account for 606 of the 1,279 sites on the national priority list. This “New Tax” would, if passed, increase excise tax on oil and gas, as well as some chemicals, realizing that a proportion of these products will end up in a superfund site requiring remedial action. If the tax is not passed into law, then we tax payers will have to continue to foot the bill. I don’t think it’s right for taxpayers to always be paying for corporate compliance, and in this case, environmental regulations. Polluters should pay as the Superfund law was intended.

U.S. appellate Court Unanimously Rules Against GE Regarding EPA’s Use of Unilateral Orders

EPA has not as yet issued an unilateral order against General Electric to perform a particular cleanup action for the 40 mile stretch of the Hudson River north of Albany to reduce the risk of environmental degradation and/or human health. GE sued stating that the unilateral order provision of Superfund violated General Electric’s due process rights under the constitution (possibly as a reaction to the many sites they have across the county). The appellate court unanimously disagreed, stating that Superfund upholds the due process requirements since a responsible party’s action can force the EPA to sue in court. There are two commonly used venues to cleanup a site. One, EPA can issue unilateral orders stating you will do this. Two, do the necessary cleanup and sue the responsible Party(s) for reimbursement of the cleanup costs. This ruling lets all responsible parties around the country know that EPA has the ultimate authority on superfund cleanups.

New Jersey to Add 15-25 new NPL Superfund Sites Within 5 Years

It has been reported that the state of New Jersey is anticipating adding 15-25 new Superfund Sites within the next five years to the National Priorities List (NPL). For a site to be added to the NPL, a mitre model is used, proportionately weighting the amounts of waste, types of waste, types of waste leaking from the site via groundwater, surface water and air; and the number of residents living within three miles of the site, etc. When all the quotients are added and exceed a threshold, then the site is converted from a proposed site to a final designation. Many of the final sites are older than 100 years of contamination. From old title deeds, some of the responsible parties can be tracked using EFIS’s guide editor; particularly large, public companies being in business for close to a century.

Residents of Gainesville Florida suing owner of Kopper Cabot Superfund site for $500 million

It has been reported that the neighborhood surrounding the Koppers Cabot Superfund site in Gainesville, Florida is suing the responsible party for $500 million to monitor the drinking water and residents of Gainesville area for acute diseases. The site was owned by Koppers Co., which was sold and the name changed to Beazer East. According to EPA records, the remedial action chosen at this site has an estimated price tag of $4.1 million. Of this amount, $2.45 million has been reimbursed to the government; leaving an approximate balance owing of $1.65 million. According to online sources, Beazer East is a privately owned company with approximately 50 employees. Since the company is private there is no reported stockholder equity. One can only surmise that if the plaintiffs win, this would most likely have a detrimental affect financially on the small, privately owned company.

Deepwater Horizon Gulf of Mexico Oil Spill

When the Deepwater Horizon Oil Well exploded last month, initially there was confusion as to which corporate entity would be held financially liable for this terrible accident. BP, Cameron, Halliburton and Transocean all were connected with this ongoing oil spill. By using EFIS’s on-line Corporate Guide editor practically all of a particular company’s corporate relations are laid out on a computer screen. Virtually all name changes, acquisitions since the 1800’s, as well current corporate entity relationships are at the users’ fingertips. A researcher can link the historical name changes and acquisitions simply by clicking them. The Guide is truly “Your Passport to the Corporate World/ Interconnecting business and the environment”. This powerful, but user friendly, system can be a useful research tool in establishing all the corporate interconnections to identify the PRP’s (potentially responsible parties) involved in tragic environmental events such as the Deepwater Horizon Gulf of Mexico Oil spill.