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Monday, September 29, 2008

Did OMB Block Asbestos Cleanup in Montana Town?

The White House Office of Management and Budget opposed EPA's efforts to clean up a Montana town contaminated by asbestos, according to a new report. EPA wanted to declare a public health emergency in the town of Libby in order to compel the removal of attic insulation threatening thousands of residents and to extend medical care to residents at risk.

The report, prepared by a team of congressional staff led by the office of Montana Sen. Max Baucus (D), says, "EPA's decision not to declare a public health emergency in 2002 has had a profound and lasting impact on the people of Libby as they continue to struggle with disease and death from asbestos contamination." Although EPA maintains it made the decision, OMB may have pressured it to do so.

Why would OMB oppose the declaration of a public health emergency in Libby? Because it could mean other parts of the country would benefit too. In 2002, EPA convened a meeting with OMB to discuss the situation. "At that meeting, OMB expressed concern about EPA's imminent declaration of a public health emergency because of the precedent it would set for other sets with Libby asbestos and the public concern it could cause."

In other words, the asbestos products sickening Libby residents made it outside of Libby, and other Americans could be at risk. If the government helps Libby residents, it may have to help everyone else…perish the thought.

An OMB official also urged EPA to add language to a memo outlining the cleanup strategy saying, "…activities at this site set no precedent for possible future removals from other locations," according to the report.

EPA used a legal loophole to remove the insulation from Libby homes anyway. But there were other consequences to the agency's refusal to declare an emergency:

The residents of Libby were deprived of medical care from the federal government to which they were legally entitled. A public health emergency existed in Libby in 2002. In cases of a public health emergency caused by exposure to toxic substances, exposed individuals are entitled to medical care from the federal government and other medical assistance as appropriate under the circumstances. Consequently, had a public health emergency been declared, medical care would have been provided by the federal government to the resident of Libby exposed to asbestos.

The report lists other consequences Libby residents faced as a result of OMB's meddling and EPA's refusal to stand up to it. The report is available here.