Calvin Dooley: “while I appreciate that H.R. 2869 is a first step towards addressing the clean up of brownfields, it is unfortunate that…”

“while I appreciate that H.R. 2869 is a first step towards addressing the clean up of brownfields, it is unfortunate that this bill does not provide the adequate incentives and protection to those willing to take the risk associated with brownfields remediation. Specifically, this bill does not address the entire universe of brownfields sites in this country. H.R. 2869 only includes a prospective purchaser liability exemption for sites contaminated with a ``hazardous substance'' as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Petroleum is not considered a hazardous substance under CERCLA and is regulated specifically under the Resource Conservation and Recovery Act (RCRA) statute. The Environmental Protection Agency (EPA) estimates that approximately one half of the 500,000 brownfields sites in this country are contaminated with petroleum. By excluding RCRA liability protection for petroleum sites, I am concerned that half of the sites in the country may remain contaminated, undeveloped and devoid of any productive use. Without the prospective purchaser liability protections for petroleum sites, developers will likely avoid remediating these sites. I am disappointed that we have not addressed this issue in this pending legislation and I encourage this House to address this issue as soon as possible.”