help: Relationship between state BF Laws and RCRA

[Tony Chenhansa <tonyc@cpeo.org>]

Hello Everyone,

After reading the press release about the Brownfields Bill in Wyoming, I
noticed that "state primacy" was an issue the Governor was concerned
about.  Last friday, I asked a WY resident what she thought of the
Brownfields bill and and she reiterated the same concerns the governor
had.  She was concerned the "... WY brownfields law would place in
jeopardy WY's primacy in RCRA (Resource Conservation and Recovery Act)
and Clean Water & Air." She also goes on to say that in she heard of a
similar situation in Texas where EPA threatened to take away their RCRA
"primacy" due to an extreme brownfields bill there.

Here are some questions I have for the newsgroup:

1)Since I have little knowledge of RCRA, can someone give an explanation
on the relationship between state regulations, brownfields, and RCRA?
What exactly is "primacy"?

2)Do you know of any states where Brownfields-related hazardous waste
legislation has been questioned by US EPA, particularly to the point
where delegated authority, such as under RCRA, is threatened?

3) Is anyone familiar with the Texas situation that the WY resident
talked about?

Thanks in advance for your help

Tony Chenhansa


--

[EFFECTIVE IMMEDIATELY: CPEO'S PHONE NUMBER HAS CHANGED
TO 415-405-7751. OUR FAX NUMBER IS STILL THE SAME]

Tony Chenhansa,  Program Coordinator
Center for Public Environmental Oversight (CPEO)
425 Market Street 2nd Floor, San Francisco, CA  94105
ph: 415-405-7751 fx: 415-904-7765
e-mail: tonyc@cpeo.org
http://www.cpeo.org

A program of the San Francisco Urban Institute