LaTourette secures language to thwart EPA reinterpretation of longtime asbestos rule for demolition of residential properties

Monday, July 02, 2012

U.S. Rep. Steven C. LaTourette (OH-14) today announced that an amendment he offered to the Interior Appropriations bill will help to drive down cost of demolishing vacant/abandoned homes that decimated many communities and states thanks to the foreclosure crisis. LaTourette secured the amendment in a bill that funds the Interior and EPA spending bill last week.    

The genesis of the amendment came after the Cuyahoga County Land Bank and the Western Reserve Land Conservatory informed LaTourette of the EPA's recent 180 degree interpretation of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for asbestos, which regulates the demolition and renovation of buildings found to contain asbestos. 

The amendment prohibits funding to enforce this interpretation as it applies to residential buildings having four or fewer dwelling units.  The rule exempting residential properties has been around since the 1970s, and the EPA has found the prohibition of many important activities, including demolition, would result if the exemption were removed, adding "in general, single family residential structures contain only small amounts of asbestos insulation."

LaTourette sought the amendment to prohibit the EPA from reinterpreting its long-standing rule after hearing from Ohio land banks, who say the new interpretation of an EPA rule will mean fewer demolitions that cost more, particularly if EPA deems the demos part of an urban renewal project.

"The EPA's 'reinterpretation' of its own longtime regulations in baseball parlance is akin to an umpire changing the strike zone with every pitch. Land banks are concerned with communities trying to reduce crime, blight and restore property values," he added.  EPA has provided no data to justify this expansion of the scope of the regulation.  It has not pointed to any scientific studies or statistics showing that the increasing number of residential demolitions poses a greater risk of exposure to asbestos.

The Cuyahoga County Land Reutilization Corporation, which has conducted nearly 900 demolitions since 2010, performs a survey for asbestos for every one of those properties, and only about 4% were found to be problematic with regard to the amount of asbestos inside the homes. When the demolition of residential properties is subject to these rules, it has been shown to drive up demolition expenses by 20-40%, with the upper limit in Dayton. 

Jim Rokakis, a huge advocate of land banks, said the LaTourette amendment "is critical and, if passed, will maximize the effectiveness of Ohio AG Mike DeWine's $75 million from the set-aside money.  These additional regulations are arbitrary, unnecessary and are driving demo costs in Ohio up by 20 to 40 percent."

LaTourette and Rep. Marcia Fudge introduced Restore our Neighborhoods Act of 2012, HR 4210, which would pay for demolitions throughout the country.

 

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