Legal Developments Under RCRA Corrective Action Requirements: Authorizing The Use of State Brownfield Clean-Up Standards, and Enhancing Flexibility

摘要

RCRA Corrective Action is becoming more flexible and result oriented. In fact, the door is now open to perform RCRA Corrective Action utilizing state Brownfields cleanup standards under the oversight of a state agency with flexible cleanup procedures and schedules that will be recognized by the US EPA as meeting the objectives of a delegated Corrective Action Program. The presentation will review the negotiation and development of the first state lead site agreement in Michigan utilizing state Brownfields standards which was sanctioned by U.S. EPA as meeting the objective of the delegated corrective action program. The Presentation will then discuss the movement by U.S. EPA to further recognize various states’ voluntary cleanup programs. This shift in direction offers an unprecedented opportunity for affected companies to achieve cleanup of contaminated properties. These developments will then be assessed in light of proposed congressional actions such as Senate Bill 350 titled “The Brownfields Revitalization Environmental Restoration Act of 2001.”