Transfer of Contaminated Real Property

The EPA had interpreted the ban on transferring PCBs to prohibit transferring PCB contaminated real property if the contamination occurred after the ban went into effect in 1978. The EPA had required the owners of PCB contaminated sites to clean up the sites and receive EPA s approval of the cleanup before the sites could be sold. In 2003 the EPA reversed its position and opined that the earher interpretation was not compelled by the statute. The EPA s reversal was based on two policy considerations, first, that a transfer would not affect the status quo of the PCB contamination and therefore would not increase risks posed by the PCBs, and second, that a prohibition on transfer unless a site is cleaned up could thwart the purchase of an ongoing business, resulting in loss of jobs. 

This new interpretation is merely a policy statement. Because it was not promulgated as a regulation the EPA and courts are free to disagree with the conclusions in this policy interpretation. 

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