ELR Citation: ELR 20866
No(s). 85-3518 (9th Cir. Aug 14, 1986)

The court holds that §3006 of the Resource Conservation and Recovery Act (RCRA), authorizing states to operate hazardous waste programs in lieu of the federal program, does not preclude the Environmental Protection Agency (EPA) from exercising its power under RCRA §3013 to order monitoring and testing, even if an authorized state program is in effect. The court initially observes that it will defer to a reasonable EPA construction of RCRA. The court then holds that EPA's construction of §3006 to allow it to issue §3013 orders is reasonable. The statute and its legislative history contain no clear indication that §3013 is supplanted when a state program is approved. The court also reasons that §3008(a) is comparable and applicable where state programs are authorized.

[An analysis of §3013 is at 14 ELR 10202.]

Counsel for Plaintiff-Appellant
Marvin B. Durning
Durning, Webster & Lonnquist
Suite 910, 1411 Fourth Ave. Bldg., Seattle WA 98101
(206) 223-0344

Counsel for Defendants-Appellees
Robert L. Klarquist
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

Jeffrey D. Goltz, Ass't Attorney General
Temple of Justice
Olympia WA 98504
(206) 753-2550

Before Thompson and Stephens, JJ.