Last month, the EPA published an advance notice of proposed rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. “Today’s announcement highlights EPA’s commitment to transparency and the use of the […]
Nearly a decade after the EPA called for additional soil sampling at the Vertac Inc. Superfund Site in Jacksonville, Arkansas, tests have not yet been performed, reports a December 18, 2021, Northwest Arkansas Democrat-Gazette article. Superfund is the more commonly known name for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a law enacted […]
After a year of uncertainty, on December 15, 2022, the EPA published a final rule amending the All Appropriate Inquiries (AAI) Rule to reference ASTM International’s E1527-21, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” and allow for its use to satisfy the requirements for conducting AAIs under the Comprehensive Environmental […]
On November 25, 2020, the EPA finalized rulemaking that determined that the electric power generation; transmission and distribution; petroleum and coal products manufacturing; and chemical manufacturing industries will not be required to have additional insurance to cover accidents and major spills.
In a final rule, the EPA has issued its Residual Risk and Technology Review (RTR) for the Site Remediation source category regulated under the Clean Air Act’s National Emissions Standards for Hazardous Air Pollutants (NESHAP).
In its FY 2018-2022 Strategic Plan, the EPA listed the cleanup of contaminated properties and their return to productive economic and community use as one of its top three priorities. Among its goals, the Agency stated that it wants to make 255 additional Superfund sites and 3,420 additional brownfield sites ready for anticipated use by […]
The EPA is moving steadily along its apparent path of concluding that it is not necessary to require that facilities in certain industrial sectors comply with the financial responsibility requirements of Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In its latest action, the Agency is proposing not to […]
Many stakeholders are following—or should be following—the federal government’s plans to address the impact of per- and polyfluoroalkyl substances (PFAS) on human health and the environment. There is a lot to follow. PFAS are a family of chemicals first synthesized in the 1940s. It is a very large family. According to the EPA’s February 2019 […]
If a federal agency proposes a regulation and then subsequently declines to promulgate that regulation, is the second action arbitrary and capricious because it is not a “logical outgrowth” of the proposal, that is, because the option not to regulate is not sufficiently discussed in the proposal?
The EPA is proposing not to use its authority under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) to impose financial responsibility requirements on facilities in the electric power generation, transmission, and distribution sector.