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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 […]
On December 20, 2021, the EPA announced it will utilize $1 billion from Bipartisan Infrastructure Law funds to begin clearing the backlog of 49 Superfund sites and continue cleanup of other Superfund sites across the United States. Superfund Defined In 1980, Congress established the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly known […]
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 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 […]
By a vote of 247 to 159, the House passed the PFAS Action Act of 2019 (H.R. 535). The bill would amend five environmental statutes—the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), Safe Drinking Water Act (SDWA), Toxic Substances Control Act (TSCA), Clean Air Act (CAA), and Emergency Planning and Community Right-to-Know Act (EPCRA)—by […]
The growing severity of flooding, storm surge, and wildfires brought on by climate change increases the risk that these events will spread contamination from Superfund sites and damage remedies put in place to control those risks. In a new report, the U.S. Government Accountability Office (GAO) says that 60% (945 of 1,571) of all nonfederal […]
Partial deletions from Superfund sites on the federal National Priorities List (NPL) have become a significant component of the EPA’s goal of accelerating cleanups of contaminated properties and shortening the path to redevelopment and safe, productive reuse. The EPA has reported that there have been 14 partial deletions from the NPL so far this year. […]
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.