
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: June 28, 2017
Partner
201-896-7115 dmckillop@sh-law.comEnvironmental Protection Agency (EPA) Administrator Scott Pruitt recently issued a memorandum stating that he plans to prioritize the agency’s Superfund cleanups. According to Pruitt, Superfund cleanup efforts “will be restored to their rightful place at the center of the agency’s core mission.”
Remediating superfund sites is multi-phase process that typically takes several years. Prior to any cleanup taking place, the EPA must conduct a preliminary site assessment, complete the National Priorities List (NPL) site listing process (if applicable), perform a remedial investigation/feasibility study, issue a record of decision, and implement a remedial design/remedial action.
New Jersey leads the country with 114 Superfund sites, which is the designation given to the areas of the country with the most severe environmental contamination. Accordingly, the proposed changes to the cleanup process will certainly be felt across the state.
Pruitt’s announcement follows the EPA’s recent amendment of the delegations of authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The amendment pulls back to the Administrator’s Office the authority to issue remedy selection decisions when the estimated cost of the remedy exceeds $50 million.
The authority to issue remedy selection decisions when the estimated cost of the remedy exceeds $50 million had been previously delegated to the Assistant Administrator for Office of Land and Emergency Management and the Regional Administrators. The latter officials retain the authority to make remedy selection decisions under $50 million and other response action decisions.
With regard to that change, Pruitt stated that “this authority had been delegated many layers into the bureaucracy, resulting in confusion among stakeholders and delayed revitalization efforts. Putting the decision of how to clean up the sites directly into the hands of the administrator will help revitalize contaminated sites faster.”
In addition to changes in the decision-making process, the EPA plans to form a task force to make recommendations on how to “restructure the cleanup process, realign incentives of all involved parties to promote expeditious remediation, reduce the burden on cooperating parties, incentivize parties to remediate sites, encourage private investment in cleanups and sites and promote the revitalization of properties across the country.” Below are several actions that the EPA plans to take:
Do you have any questions regarding the EPA Superfund? Would you like to discuss the matter further? If so, please contact me, Dan McKillop, at 201-806-3364.
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