Possible Arguments Against the Barton Bill

Information provided by FLARE to its directors

1. I use petroleum. Why should I support a solution to perc problems?

The current version of the Barton Bill applies to ail drycleaning solvents, and will set reasonable cleanup requirements based on the OSHA standards for each solvent.

2. My state has a cleanup fund. Won't this solve my problem?

If the cleanup fund has enough money, and if your site qualifies. The tax on solvent may be expensive and no one knows how much it may increase to fund these cleanup programs, The Barton Bill makes most cleanups unnecessary, so a state cleanup fund can spend the money more wisely on the sites that threaten drinking water. It is possible that future contributions to state funds could be decreased or even suspended under Barton Bill cleanup standards.

3. Isn't the Barton Bill "anti-environmental"?

Absolutely not. The Barton Bill does not affect any standards that are applied to drinking water. It sets cleanup levels that are protective of human and environmental health, based on long-established levels that have shown no scientific evidence of harm. The Barton Bill would minimize the expenditure of massive amounts to attorneys and consultants, allowing more money to be spent an sites which really need cleanup.

4. The Barton Bill doesn't repeal retroactive liability.

It doesn't explicitly repeal retroactive liability, but by eliminating unnecessary cleanups, it makes retroactive liability irrelevant. If there is no cleanup to be paid for, there is no liability issue.

5. I have a new plant with all new equipment. I don't have a contamination problem.

Accidents can still happen, and should you be so unlucky, the Barton bill will protect you from cleaning up a spill to a nearly impossible standard. More important, even plants with the newest equipment may, at one time, have had older equipment and leaks or spills or even contamination resulting from perfectly legal and widely accepted practices in past years can still present a liability for a plant today and in the future.

6. Isn't the Barton Bill destined to fail because it is a "carve out" for one Industry?

No. Industry-specific bills are passed all of the time. EPA, OSHA, and IRS regulations are full of them. Congressman Barton has assured us that this will not be a problem with this bill.

7. Isn't the 8arton Bill destined to fail because of opposition from environmental groups or a lack of support in the White House?

We expect opposition from environmental groups. However, there are drycleaners in every legislative district who can lobby their representatives to counter the influence of these groups. This individual contact can build enough Congressional support, which along with some lobbying by key drycleaners, can convince the White House that this bill is good for America.

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