Scalise: CPSC, HUD, Announce Updated Remediation Guidelines for Toxic Chinese Drywal
Washington, DC – March 21, 2011 – (RealEstateRama) — Congressman Steve Scalise today announced that the U.S. Consumer Product Safety Commission (CPSC) and U.S. Department of Housing and Urban Development (HUD) have issued an updated remediation protocol to assist homeowners in ridding their property of toxic Chinese drywall. The updated protocol sites an in-depth study done by Sandia National Laboratories in New Mexico which determined it unnecessary to replace wiring and electrical systems.
“Today’s update is a major change to the remediation protocol that will potentially impact a great number of homeowners who have been affected by toxic Chinese drywall,” Scalise said. “After seeing first hand corroded wiring in affected homes, I’m concerned that homeowners might be lulled into a false sense of security after reading this updated protocol. CPSC needs to do a better job of holding the companies accountable who actually made the toxic drywall that contaminated thousands of houses across southeast Louisiana.”
The updated remediation protocol released by CPSC and HUD advised homeowners who have been victims of toxic Chinese drywall to remove all problem wallboard, replace all fire alarm equipment, sprinkler systems, smoke and carbon monoxide alarms, electrical distribution components, switches, circuit breakers, and gas piping.
In April 2010, Scalise called on Department of Homeland Security (DHS) Secretary Janet Napolitano to use all available options to hold manufacturers of toxic Chinese drywall accountable for damages caused by their contaminated products, and last month Scalise signed on to a letter with 23 other members of Congress calling for Chairman Tenenbaum of the CPSC to release final remediation guidelines. The full text of both letters follow below.
The Honorable Janet Napolitano
Secretary
U.S. Department of Homeland Security
Washington, DC 20528
Dear Secretary Napolitano:
I write today to request that the Department of Homeland Security (DHS) pursue any and all options available to the Department, including the seizing of assets being shipped to the United States, against those entities that manufactured toxic Chinese drywall and have been found liable for the damages associated with their contaminated products.
The Consumer Product Safety Commission (CPSC) has received over 3,000 incident reports related to toxic Chinese drywall from 37 States and has test results showing that highly reactive sulfur emitting drywall originated in China. CPSC also has sufficient evidence that toxic drywall manufactured by Chinese companies is responsible for the severe damage to thousands of American homes.
Furthermore, a federal judge in New Orleans recently ruled that a drywall manufacturing company in China is liable for the damages and repairs in seven Virginia homes that have been found to contain toxic Chinese drywall. Without federal intervention, these homeowners will likely experience difficulty enforcing any ruling and collecting any judgments they obtain against drywall manufacturers in China.
All steps must be taken to enforce the rulings of American courts against these foreign entities. It is time to take action and hold these companies accountable. They bear responsibility for serious damage to thousands of homes across the country, and have caused homeowners significant financial hardship and in some cases physical harm. Even more concerning is that they have done so without repercussion. We must take action to hold accountable those who are responsible for the damages caused by toxic Chinese drywall.
Therefore, I urge DHS to collaborate with the Intergovernmental Task Force on Problem Drywall to hold accountable any manufacturer of toxic Chinese drywall who has been found liable in a U.S. court of law until they settle with the affected victims or comply with the rulings of U.S. courts. All options, including the seizing by the Customs and Border Protection and United States Coast Guard of any assets that these manufacturers are shipping into the United States, must be pursued to collect on the judgments against these companies. We must make certain these companies are held accountable and pay for the damage they have done to American homeowners.
My constituents and others around the country who have been affected by toxic Chinese drywall deserve answers and solutions, and I urge DHS to help deliver them. I appreciate your prompt attention to this request and offer any help my office can provide to you and your staff in this effort.
Sincerely,
/S/
Steve Scalise
Member of Congress
February 9, 2011
The Honorable Inez Moore Tenenbaum
Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
Dear Chairman Tenenbaum:
We are writing to urge the Consumer Product Safety Commission (CPSC) to complete its scientific studies and release the final remediation guidance for homeowners with tainted Chinese drywall as soon as possible. Homeowners with tainted Chinese drywall have had their lives turned upside down and have been waiting months for the final remediation guidance from the CPSC so that they can finally and fully repair their homes. It is well past time that the CPSC complete and release the final remediation guidance for Chinese drywall victims.
As you are aware, thousands of homeowners in thirty-eight states and the District of Columbia, Puerto Rico, and American Samoa have been enduring an emergency situation in which tainted drywall from China has been causing ever worsening destruction and damage to their homes. In addition, homeowners and their families living in homes with tainted Chinese drywall have been experiencing serious health problems. The tainted drywall corrodes copper piping and wiring in homes, which causes the failure of air conditioning systems, telecommunications wiring, wiring for lighting, and other household appliances. Such corrosion produces potential fire and safety hazards in homes and causes undue financial hardship for homeowners who are constantly forced to replace and repair essential appliances.
Moreover, the damage to the housing structure caused by the tainted Chinese drywall and the health effects on families, forces many people to use their limited finances on alternative housing while also having to maintain the mortgages on homes that are uninhabitable.
On April 2, 2010, the CPSC released an Interim Remediation Guidance which “found a strong association between the presence of problem drywall and corrosion of metal in homes.” The interim guidance report focused on the “replacement of problem drywall and building components for which drywall-induced corrosion might cause a safety problem.” Yet the interim guidance report indicates that the April 2nd report was provided early, before the completion of “all ongoing scientific studies” on the effects of Chinese drywall. The early release of the guidance was in recognition that many homeowners with tainted Chinese drywall wanted to begin repairing their homes as soon as possible.
While the CPSC’s early release of an Interim Remediation Guidance was helpful, many homeowners with tainted Chinese drywall are still waiting for all of the scientific studies to be completed and the issuance of the final remediation guidance before they begin making repairs to their homes. Indeed, homeowners are rightfully concerned that the final remediation guidance may be substantially different from the Interim Remediation Guidance and require the replacement of additional structural elements of a home when removing the tainted Chinese drywall. We therefore urge the CPSC to complete all scientific studies and release the final remediation guidance for homeowners with tainted Chinese drywall in an expedited manner so that homeowners can complete the urgently needed repairs to their homes.
We appreciate your prompt attention to this matter and we look forward to a response. We also look forward to continuing to work with you in the future.
Sincerely,
/S/
Steve Scalise
Member of Congress
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Contact: Stephen Bell
202-226-9113
