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.