August 2, 2001

Dear Member,

This letter is written to update those members that have been cited by the EPA as Potentially Responsible Parties for Contamination at the Beede Waste Oil Site.

It looks like we are approaching crunch time.  NESSARA has worked unceasingly on this matter and thanks you for your support.  The staff has made great efforts to be responsive to your needs and hopefully the information that was conveyed to you was helpful.

The latest information that we have indicates that the solutions that we were seeking and led to believe might happen before Congress adjourns for the summer recess will not be in place.  There is some dispute in the Committee over two bills, one dealing with Brownfields and the other being the Small Business Liability Protection Act.  It appears that some trading needs to be done and that one bill will not pass without the other.  A congressman from Ohio seems to be involved and we have asked the Service Stations Dealers of America and Allied Trades to help by asking assistance from the local association in Ohio.

There is a remote possibility that this could be done by August 20.  However it is more realistic to prepare for the worse.  Here is the scenario as NESSARA sees it.  The Larger de Minimis who had to respond by August 1 may still get an extension.  The smaller de Minimis should be prepared to pay.  A lot of various factors enter into play.  NESSARA has been told that many PRPs have already paid and that there is $70,000 in the Beede Waste Oil Fund which for whatever reason, unclear to me, seems to muddy the waters.  However, bear in mind that you can process a claim for financial hardship but the EPA at some point will require you to substantiate that claim by submitting detailed financial documentation.

Some of you are considering holding off on your payments.  I wish that I could tell you what the downside of this can be.  To the best of my knowledge there will be no penalties or fines.

The instant some legislators hear the word "oil" they have this vision of major oil companies polluting large segments of the environment.  NESSARA has to convince these legislators that this is not the case.  This is about a small business owner, being asked to pay for a cleanup that you did not cause and the impact that this will have on your ability to stay in business.  Small business is the backbone of this nation and you all contribute to the well being of the motoring public and having followed the law you cannot now be prosecuted.  You cannot become a victim.  We urge you to write to your congressional representatives.  A sample letter is enclosed with a list of addresses on back.

This is an important part of our effort.  NESSARA needs your support.

Sincerely,