Tag: CERCLA

Chemicals, chemical tanks

EPCRA and e-Disclosure: Time for an Audit?

The EPA recently found a company in violation of the Emergency Planning and Community Right-to-Know Act’s (EPCRA) hazardous chemical inventory (also known as Tier II) and Toxics Release Inventory (TRI) reporting requirements and levied a penalty of over $160,000. Are you confident in your compliance with EPCRA reporting requirements? Now might be a good time […]

Farm

Farm Emissions Get a Regulatory Exemption

The EPA has issued a direct final rule—that is, an action for which there was no prior opportunity for public comment, and, in this case, one that is effective immediately—that appears to put an end to a 10-year dispute over whether air emissions from animal waste at farms should be subject to reporting under the […]

Farm

CERCLA Reporting Exemption for Farms Approved by Congress

In a display of like-mindedness, congressional Democrats and Republicans came together to pass the Fair Agricultural Reporting Method Act (FARM Act), S. 2421. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by explicitly exempting farmers from the requirement to report emissions of hazardous air pollutants from animal waste at their farms. […]

Fourth Drinking Water Contaminant List Issued

In a notice and as required by the Safe Drinking Water Act (SDWA), the EPA has issued its fourth contaminant candidate list (CCL 4). CCLs comprise contaminants that are not subject to any proposed or promulgated federal drinking water standards, are known or anticipated to occur in public water systems (PWSs), and may require regulation […]

Renewable Energy and Superfund: Any Lurking Liability?

The EPA has identified more than 66,000 EPA- and state-tracked contaminated properties and mine sites (comprising over 35 million acres) with the potential for development as solar, wind, biomass, and/or geothermal facilities. However, before launching such a project, you should take a serious look at potential liability. In a reference guide that addresses potential liability […]

Come on, Redevelop That Contaminated Site: Is the EPA a Wolf in Sheep’s Clothing?

The EPA recently announced that it will review site cleanups and remedies at 20 Superfund Sites and oversee reviews at 4 federal facilities across New England this year. This got us to thinking about the relationship between the Agency’s efforts in encouraging the redevelopment of these sites and liability under the Comprehensive Environmental Response, Compensation, […]

Superfund Site Redevelopment—Removing Barriers

Superfund Site Redevelopment—Removing Barriers Although the SRI has a great track record of getting Superfund sites returned to use, some sites still remain undeveloped despite being cleaned up years ago because barriers remain that hamper site desirability. To address these barriers, the SRI implemented the RTU Initiative with the goal of removing or modifying barriers […]

Superfund Site Redevelopment—Common Concerns

Superfund Site Redevelopment—Common Concerns Despite the negative connotations associated with Superfund sites, many are salvageable and reusable, not only for purposes like landfills or parking lots but also for recreational, commercial, and industrial uses. By 2014, EPA’s SRI had assisted with more than 800 sites now in continued, active, or planned reuse over its 15-year […]