It is currently EPA policy to seek the concurrence of a governor before listing a site, and we ask that you codify this practice. The Governors believe that the law should clearly provide that the Superfund response trust fund can be used to support operation and maintenance activities at the same state match requirements as cleanup actions that is, a 10 percent cost share. 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 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. We appreciate your consideration of our views, and we look forward to working with you on the development of brownfields legislation during this session.