For more than 50 years, perchloroethylene has been used as a drycleaning solvent. Today it is the most widely used drycleaning solvent in the United States. But in recent years, problems have arisen for many drycleaners because even minute amounts of perc when found in soil and groundwater can lead to costly site cleanups. These cleanups, stemming from liability provisions of the US Superfund law, can involve parties who had no role in causing the contamination -- cleaners who were not owners of the property when the contamination occurred, for example, and even lenders and landlords who now are reluctant to do business with cleaners because they, too, may be held responsible for cleanup costs. And in many cases, the contamination resulted from practices that were legal and considered safe at the time. Thus, even though a cleaner may be "guilty" of causing the contamination, the guilt comes after the fact -- as if you were given a ticket for driving through an intersection two years ago without stopping even though the stop sign was erected only last week.
For a more detailed discussion of the contamination issue, see the article, Groundwater Contamination and the Drycleaning Industry.
Various proposals have been developed by the drycleaning industry over the past few years. The first major proposal was centered on building an industry supported cleanup fund based on a surcharge on solvent purchases and per-site annual fees. However, both Republicans and Democrats in Congress were reluctant to support this program since it appeared to be a new "tax." Although efforts to pass this legislation on a federal level have ceased, several state legislatures have approved cleanup funds for drycleaners that are based on this approach. Programs are underway in seven states and others may be passing such legislation this year or next. The NADA web site has a summary of state cleanup laws.
In the meantime, a second solution has emerged, this one addressing the cleanup standards. Since there are no standards that specifically address soil and groundwater levels for perc, the Safe Drinking Water standard of 5 parts per billion is often applied. At the same time, OSHA has set the maximum exposure level for people who work in drycleaning plants at a time-weighted eight-hour average of 100,000 parts per billion (or 100 parts per million). Somewhere in between the level that EPA believes safe for drinking water and that OSHA believes safe for cleaning plant workers should be a level that is safe for general exposure in water not used for drinking or in soil.
With that in mind, Texas Congressman Joe Barton introduced legislation it the 104th Congress that ties the soil and groundwater exposure standard to the level the OSHA believes safe for cleaning plant workers. That bill did not make it out of committee in the last congress, but with the 105th Congress now in session, work has begun to encourage the reintroduction of "The Barton Bill."
What is the Barton Bill? It takes its name from Texas Republican Congressman Joe Barton who introduced the legislation in October, 1995, during the 104th Congress as The Small Business Remediation Act. The legislation was reintroduced in the 105th Congress on May 22. By th etime Congrss adjourned, the bill had attained 95 co-sponsors. It was reintroduced by Rep. Barton in the 106th Congress, this time as H.R. 2726. It is a short bill -- it only takes a few minutes to read the entire text. The Baise & Miller law firm, which has been working in Washington for the legislation on behalf of the Martinizing Environmental Group and Comet Franchises and others in the industry, provides an overview of the legislation. Baise & Miller also provide an explanation of how the bill would protect drycleaners from excessive cleanup costs.
March 2000
An Open Letter to the Industry from Rep. Barton reaffirms his commitment to the legislation and explains how he hopes to attain his goal.February 2000
The 106th Congress begins its second year The MidAtlantic Association of Cleaners takes over administration of the Dry Cleaners Action Fund of America (DCAFA). Meanwhile, organizers of the Southwest Drycleaners Association show said Rep. Barton plans to visit with cleaners during the exhibition in Ft. Worth in March. And Barney Deden, a leading proponent of the legislation, asks, What's it worth to you?November 1999
As Congress neared the end of its work for the year appropriations bills occupied its attention and chances of any Superfund legislation were dim. Still, Rep. Barton's legislation continued to attract new cosponsors.October 1999
Representative Joe Barton's site remediation bill was amended to a House Superfund bill and may be voted on before Congress calls it quits for the year.September 1999
More than $50,000 was raised by selling chances to win a cruise for two. Winner of the grand prize drawing held at the Midatlantic Association of Cleaners show in Baltimore Sept. 26, was Brian Newbold of Comet Cleaners in San Antonio, Texas. By the end of the month, the list of cosponsors on HR 2726 totaled 26 representatives.August 1999
After some significant retooling, Texas Congressman Joe Barton has reintroduced his Small Business Remediation Act in the 106TH Congress.March 1999
Barton bill supporters will meet in Chicago to coordinate their 1999 legislative campaign and, in the words of Barney Deden, "generate a higher level of enthusiasm and passion for the project."February 1999
Donations of $25 to the Barton bill campaign will buy a chance to win a Caribbean cruise in drawing sponsored by industry trade groups.November 1998
Happy election returns for Barton bill supporters as Rep. Joe Barton and 89 of the cosponsors of H.R. 1711 were re-elected to the House of Representatives Nov. 2 and two House cosponsors of the bill were elected to the US Senate.October 1998
A group of about 60 cleaners rallied on Capitol Hill in Washington, DC, Oct. 1 seeking more support for the Barton bill in the final days of the 105th U.S. Congress. At the end of the day supporters were rewarded with the news that Tom DeLay, the House Majority Whip, had agreed to cosponsor the legislation.September 1998
Cleaners will gather in Washington on Oct. 1 for a March on Capitol Hill organized by the Mid-Atlantic Cleaners and Launderers Association.August 1998
Here's recipe to get the Barton bill passed in Congress. While your representative is home for the late-summer break, now is the time to get together for a little "chat n' chow."July1998
As the list of cosponsors topped 80, a Face-to Face meeting with Congress was planned to get the final handful needed for 100.
June1998
Five more representatives joined the list of Barton bill cosponsors just before the Independence Holiday recess.
April 1998
Speaking before an audience of about 150 at the Southwest Drycleaners Association convention, Rep. Barton said with 72 colleagues joining him as cosponsors, the legislation, formally known as The Small Business Remediation Act, is now a "serious" bill.
February 1998
Eight more House members joined the list of Barton bill cosponsors as Congress came back into session in late January. The Southwest Drycleaners Association and the Mid-Atlantic Cleaners and Launderers Association planned events to help boost support for the bill both within the industry and in Congress.
January 1998
The Mid-Atlantic Cleaners and Launderers Association gives a boost to Barton bill fund-raising with a $10,000 donation. Other industry trade groups putting up money for the effort include the Southwest Drycleaners Association, the Nebraska Fabricare Association and the Michigan Institute of Laundry and Drycleaning. MILD is heading up the fund-raising efforts of DCAFA.
December 1997
With US House members in their home districts through until late January, it's prime time to seek support for the Barton bill which ended the year with 59 cosponsors. Meanwhile, doubts about the Barton bill on behalf of perc producers are expressed in an article in Dow Chemical Company's Spot News.
November 1997
As the third year of the campaign for the Barton bill opens, an industry-wide effort to raise money to get the bill passed starts up. By the time Congress closed down for the year in mid-november, 59 House members were listed as sponsors for the bill.
October 1997
Congressman Barton sends a "Dear Colleague" letter asking other House members to support his Small Business Remediation Act. By the end of the month, sponsorship of the bill included 55 representatives.September 1997
ASupport for the Barton bill continued to increase after Congress returned from its summer recess with 39 co-sponsors signed on by the end of September.
August 1997
Industry organizations step up efforts to sign up more co-sponsors. Rep. Barton says 100 co-sponsors are needed by the end of summer to proceed with hearings on HR 1711.June 1997
Rep. Joe Barton spoke at Clean '97, saying he would like 100 co-sponsors for his Small Business Remediation Act by the end of the summer. As of June 24, 19 representatives had put their names on the bill.
May 1997
Rep, Joe Barton reintroduced his legislation in the 105th Congress on May 22.
April 1997
Drycleaner Barney Deden testifies before a joint hearing of two congressional subcommittees on the burden placed on small businesses by federal regulations.
March 1997
Rep. Joe Barton reiterates his support for seeking a legislative solution to the cleanup problems facing drycleaners in a letter to members of the Southwest Drycleaners Association.
January 1997
Legislative strategy was discussed at a meeting in Dallas, Texas.September 1996
A hearing before the Oversight and Investigations Subcommittee of the House Commerce Committee on Sept. 13 gave cleaners a rare opportunity to explain the impact of cleanup rules on their businesses. The testimony by drycleaners and a representative of the shopping center owners association is available on the NADA web site. A summary is on the National Clothesline Website.
July 1996
IFI sends letter of support to Barton pledging to back his bill
May 1996
Update from IFI on Superfund legislation in Congress.
April 1996
A group of cleaners received support from House Majority Leader Dick Armey in a meeting in Dallas April 8. A week earlier, another contingent of industry representatives met with an assistant of Sen. John Warner to discuss possible legislation in the Senate. Rep. Joe Barton, sponsor of the bill in the House, doesn't expect hearings this year but believes something will get done in Congress to help cleaners.
Congressman Joe Barton says he does not expect hearings on his Small Business Remediation Act this year, but he's not giving up and believes drycleaners' problems will be addressed eventually. He sent a videotaped message to the Southeastern Fabricare Association convention in Atlanta April 27.
February 1996
Congresman Joe Barton , who introduced HR 2522 in October, 1995 spoke to the Texas Laundry and Drycleaning Association's convention in Houston outlining his legislative ideas and giving advice on how to get the bill that carries his name through Congress.
October 1995
Texas Republican Joe Barton introduces The small Business Remediation Act (HR2522), legislation that would tie the cleanup levels for drycleaning solvents in soil and groundwater to workplace exposure limits set by OSHA for the same susbtances.
The drycleaning industry has struggled for several years to find an answer to liability problems stemming from soil and groundwater cleanup of perc. Before the Barton Bill came on the scene there was the Small Business Fabricare Coalition proposal that addressed the industry's concerns.
The existence of two separate proposals caused some disagreement, dissension and confusion in the industry. In early 1996, IFI took the following position:
"In affirmation of the ratification vote, regarding a position in the Senate, the IFI Board supports the [Small Business Fabricare] Coalition position (Fund or Moratorium) and Barton-like proposal. In the House, IFI reaffirms its endorsement and support of the Coalition Moratorium proposal and the Barton Bill."The Fabricare Legislative and Regulatory Education (FLARE) council said each bills addressed a crucial area -- liability and cleanup standards, so it shouldn't be a matter of choosing one over the other. Here's FLARE's comparison of the two Superfund proposals.
The Coalitions's proposal raised questions and encountered opposition from within the industry. On behalf of the Small Business Fabricare Coalition, Brooksher Banks addressed some of the misconceptions and questions and answers about Superfund and the coalition proposal.
Contributions are being solicited to support the legislative efforts. The Dry Cleaners Action Fund of America has been established to receive contributions toward the bill's passage. Checks can made out either to the Dry Cleaners Action Fund of America (or to a representative association, depending upon the association's direction) and sent to DCAFA, c/o 7430 Little Chatterton Lane, King George, VA 22485.
Baise & Miller, P.C., a Washington, DC, law firm that specializes in environmental law, has been retained by One Hour Martinizing and Comet Cleaners to help advance the Barton Bill in Congress.
More information is available from Baise & Miller, P.C., 815 Connecticut Ave. NW, Washington, DC 20006-4004. For more information, contact the firm at (202) 331-9100 or by fax (202) 331-9060.
Last modified: Mar 15 2000