STATE DEFERRAL—ROLE OF STATES IN MINE SITE REMEDIATION

• Jurisdiction: United States

RCRA and CERCLA
(Apr 1997)
CHAPTER 11B
STATE DEFERRAL—ROLE OF STATES IN MINE SITE REMEDIATION
C. Nicholas Krema
Idaho Office of the Attorney General
Boise, Idaho

I. INTRODUCTION

A. C. Nicholas Krema, Idaho Deputy Attorney General, Division of Natural Resources, views expressed in this presentation are my own and not necessarily those of the Office of the Attorney General.

B. Responsible for representing Idaho in Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") mining litigation.

1. Unique opportunity to represent Idaho as both a natural resource trustee and as a Potentially Responsible Party ("PRP").

2. Represented Idaho as a natural resource trustee in the settlement of the Blackbird Mine Natural Resource Damage Assessment ("NRDA") action.

3. Focus of discussion today is Idaho's role as a PRP and regulator at the Triumph Mine.

II. DELEGATION AND DEFERRAL OF EPA AUTHORITY TO STATES

A. Existing authorities.

1. State lead at National Priority List ("NPL") caliber sites.

2. Region 10 Superfund Improvements Implementation Plan pilot deferral process for a limited number of sites.

B. Proposed amendment to CERCLA.

1. Senate Bill 8 entitled Superfund Cleanup Acceleration Act of 1997 proposes additional authorities.

2. Section 301 allows the United States Environmental Protection Agency ("EPA") to delegate different elements of its authority to states depending upon the extent of the states' enforcement authority.

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