Another provision that we believe is very important to include in any brownfields bill is a requirement that the Governor s concurrence be obtained before a site in his or her state can be added to the National Priorities List. It is currently EPA policy to seek the concurrence of a governor before listing a site, and we believe that this practice should be codified. Lastly, we would like to see a bill that includes a waiver of sovereign immunity for federal facilities, so that states can enforce state environmental laws. Such authority has already been provided in the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act. Congress confirmed its commitment to state enforcement of environmental laws at federal facilities in 1992 under the Federal Facility Compliance Act, but the authority under the Superfund law is less clear.
States seek clear authority to require and oversee response activities at federal facilities.
As you may know, federal facilities and former federal facilities are among the worst contaminated sites in the nation. We seek to hold the federal government to the same standard of compliance as other parties in our states. The CZMA provides a national framework to efficiently consider and balance an array of critical and sometimes conflicting activities, including fisheries development and enhancement, commerce and industrial port development, energy exploration and production, public access and recreation, waterfront restoration and housing, and wetlands preservation and coastal preservation. The CZMA is also a model for state and federal partnerships. It is the only federal statute that requires federal activities to be consistent to the maximum extent practicable with state policies.