Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

EPA Making Superfund Program a Top Priority

Author: Daniel T. McKillop

Date: June 28, 2017

Key Contacts

Back

Environmental Protection Agency Administrator Makes Superfund Program a Top Priority

Environmental 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.”

EPA Makes EPA Superfund Top Priority
Photo courtesy of Stocksnap.io

New Jersey Superfund Sites

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.

EPA Administrator Pulls Back Superfund Authority

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.”

Actions to Prioritize Superfund Program

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:

  • Identifying best practices within regional Superfund programs, reducing the amount of time between identification of contamination at a site and determination that a site is ready for reuse, encouraging private investment at sites during and after cleanup and realigning incentives of all involved parties to foster faster cleanups.
  • Streamlining the process used to develop, issue or enter into prospective purchaser agreements, bona fide prospective purchaser status, comfort letters, ready-for-reuse determinations and other administrative tools under the agency’s existing authorities used to incentivize private investment at sites.
  • Improving the remedy development and selection process, particularly at sites with contaminated sediment, including to ensure that risk-management principles are considered in the selection of remedies at such sites. The task force is also directed to propose recommendations for promoting consistency in remedy selection and more effective utilization of the National Remedy Review Board and the Contaminated Sediments Technical Advisory Group in an efficient and expeditious manner.
  • Utilizing alternative and non-traditional approaches for financing site cleanups, as well as improvements to the management and use of Superfund special accounts.
  • Reducing the administrative and overhead costs and burdens borne by parties remediating contaminated sites, including a reexamination of the level of agency oversight necessary.
  • Improving the agency’s interactions with key stakeholders under the Superfund program, particularly other federal agencies at federal facilities and federal potentially responsible parties, and expand the role that tribal, state and local governments, local and regional economic development zones and public-private partnerships play in the Superfund program. The task force must also propose recommendations for better addressing the liability concerns of state, tribes and local governments.

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!