Equity under and state responses to the Superfund Amendments and Reauthorization Act of 1986

A difficult problem facing states with significant commercial hazardous waste treatment and disposal capacity is the inflow of waste into the state for disposal. The states with commercial capacity allege that other states are reluctant to aggressively pursue siting facilities, and in fact may be impeding development through restrictive siting provisions. Likewise, capacity states are frustrated with the Environmental Protection Agency for its perceived inaction in reviewing state siting standards. Equity discussion abounds at the state level. Capacity states hoped that equity would be elevated to federal debate through Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986. I examine equity and review hazardous waste management in a federalism context to discern the relationship between EPA and the states. I focus on the different roles EPA and the states perceived for the other during implementation of Section 104(k). I conclude with an evaluation of how equity was handled under the new legislation and what remains to be done.Research for this article was supported by the Tennessee Department of Health and Environment and the Waste Management Research and Education Institute at the University of Tennessee. I appreciate the comments provided by David L. Feldman and the anonymous Reviewers. The research assistance of Susan Bohm Seylar is gratefully acknowledged.