EPA Task Force Report to Revitalize the Superfund Program

by Seyfarth Shaw LLP

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests. 

The U.S. Environmental Protection Agency recently released its Superfund Task Force Recommendations Report (Report). The report, ambitiously, provides “42 specific and detailed recommendations to streamline and improve the Superfund program.” Along with the Report, EPA Administrator Scott Pruitt also released a directive to EPA leaders and offices across the Agency of eleven “specific actions that should be implemented right away, with renewed focus,” including the identification, within 60 days, of the “sites where the risk of human exposure is not fully controlled.”

The Agency claims in its news release on the Report that “the recommendations of the Superfund Task Force, when implemented, will improve and expedite the process of site remediation and promote reuse.” The 42 Superfund Task Force recommendations are organized into five goals:

  1. Expediting Cleanup and Remediation;
  2. Re-invigorating Responsible Party Cleanup and Reuse;
  3. Encouraging Private Investment;
  4. Promoting Redevelopment and Community Revitalization; and
  5. Engaging Partners and Stakeholders.

In addition, the goals in the Task Force Report are accompanied by a set of strategies that include actions which are to commence in as little as 30 days from the Report’s approval.

A few of the notable recommendations include:

  • Providing “reduced-oversight incentives” to cooperative, “high-performing PRPs,” and use of enforcement tools as disincentives for protracted negotiations, or slow performance under cleanup agreements, including”
    • actively using enforcement authorities, including more prevalent issuance of unilateral orders to recalcitrant parties to discourage protracted negotiations
    • prohibiting PRPs from multiple chances to revise the same document when initial submittal is subpar
  • Focusing on sites which have “taken far too long to remediate” including:
    • establishing an “Administrator’s Top Ten” list which will get Administrator Pruitt’s weekly attention and
    • directing additional resources to sites that have been on the National Priorities List (NPL) for five years or longer;
  • Identifying third parties to invest in NPL sites and other “innovative tools” to “accelerate cleanups and promote reuse” such as:
    • utilizing alternative approaches to financing site cleanups, including environmental liability transfer and protections for third party investors and
    • working with PRPs to better integrate reuse needs into cleanup activities;
  • Prioritizing NPL sites where remedies have already been selected;
  • Encouraging the use of new technologies and clean up approaches by PRPs; and
  • Incentivizing PRPs who perform “timely, high quality cleanup” such as:
    • reducing oversight costs for PRPs that perform timely, high quality work and
    • increasing PRP and Agency adherence to project deadlines.

For businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Recommendations, diligence and attention are the key words. Stay tuned and involved with what the Agency is doing relating to your interests.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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