Superfund/CERCLA: U.S. Environmental Protection Agency Issues Task Force Final Report

The United States Environmental Protection Agency (‘EPA”) issued a “Final Report” from its Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Task Force (“Task Force”).

EPA had commissioned a Task Force in 2017 to provide recommendations on how the agency could streamline and improve the Superfund program.

The Task Force’s report describes what it identifies as the “significant accomplishments” over the past two years at United States Superfund sites. It also describes federal agency plans for:

. . . integrating the work of the Task Force into EPA’s ongoing cleanup work moving forward.

The Task Force’s Final Report lists the five goals and associated actions which include:

• Goal 1: Expediting Cleanup and Remediation - The Task Force developed several tools to expedite cleanup and remediation at sites including the Administrator’s Emphasis List, a list of sites targeted for the administrator’s immediate and intense attention. The agency will continue using the Emphasis List to focus on sites needing immediate and intense attention and will update the list quarterly
• Goal 2: Re-Invigorating Responsible Party Cleanup and Reuse - The Task Force developed new enforcement guidance for EPA’s regional offices to accelerate remedial design starts at potentially responsible party (PRP)-lead Superfund sites. Moving forward, the guidance’s recommended settlement strategy will be considered by EPA regions as a matter of national practice.
• Goal 3: Encouraging Private Investment - The Task Force recognized that EPA should support, where appropriate, innovative approaches to promote third-party investment in cleanup and reuse of contaminated properties consistent with statutory authorities.
• Goal 4: Promoting Redevelopment and Community Revitalization - The Task Force worked to increase the number of NPL sites that are returned to communities for redevelopment through focused management attention and improved program practices. In Fiscal Year (FY) 2018, EPA achieved the goal sitewide ready for anticipated use at 51 sites, the highest total since FY 2013.
• Goal 5: Engaging Partners and Stakeholders – The Task Force Report cited what it described as a number of ongoing outreach activities to engage communities near Superfund sites.

A link to the Task Force Final Report can be found here.