Outside the EPA Update
This EPA Update covers U.S. Environmental Protection Agency (EPA) activities from approximately Sept. 15, 2022 through Feb. 15, 2023. The article doesn’t cover every single action taken by EPA during this time but attempts to summarize the highlights with a focus on EPA activities affecting New York.
The EPA Update should be read cafeteria style: take what you want and leave the rest. First, the column discusses climate change. Second, it discusses some general EPA goings-on. Third, the article discusses environmental justice issues. Fourth, the article discusses water issues. Fifth is a discussion of issues under the Clean Air Act. Lastly, but certainly not least, the article discusses updates in the Superfund program.
Margo Ludmer authored the Superfund section; Mary McHale authored the Clean Air Act section; Joseph Siegel authored the Climate Change section; and James L. Simpson authored the remainder.
Climate Change
Climate Change Adaptation
On Oct. 6, 2022, EPA released 20 Climate Adaptation Implementation Plans (Plans) including a Plan developed by EPA Region 2. The 20 Plans include a total of 400 commitments and recognize that climate impacts often hit hardest in already underserved and overburdened communities.1 Region 2’s Plan, which builds on an earlier 2014 version, includes a vulnerability assessment, 42 priority actions, training plans and identification of the Region’s climate science needs.2
Region 2’s Plan was developed after meetings with federally recognized Indian Nations and virtual outreach meetings, in both Spanish and English, for all interested governmental partners and non-governmental stakeholders.3 As a result of the input from the meetings, which followed release of a draft Plan, the final Plan incorporates additional priority actions on topics such as “building capacity in communities to access funding, healthy public housing, heat island effect, youth engagement, green infrastructure, native plants, food security and coral reefs.”4 Many of the priority actions are contingent on Region 2’s receipt of additional resources to implement the actions.5
Inflation Reduction Act
EPA received $41.5 billion in appropriations under the Inflation Reduction Act to support and develop programs that “monitor and reduce greenhouse gas emissions and air pollution, protect public health and advance environmental justice.”6 On Nov. 4, 2022, EPA announced its initial public engagement on a set of programs funded by the Inflation Reduction Act and sought comment on aspects of core Inflation Reduction Act elements, including, among others: (1) $5 billion for climate pollution reduction grants; (2) $4 billion to reduce transportation sector emissions through activities such as zero emissions equipment at ports; (3) $1.55 billion to reduce methane emissions from the oil and gas sector; and (4) $38.5 million to reduce high global warming potential hydrofluorocarbons under the American Innovation and Manufacturing (AIM) Act.7
The agency also announced the availability, on Jan. 10, 2023, of $100 million to advance environmental justice in underserved and overburdened communities through two programs: (1) the Environmental Justice Collaborative Problem-Solving Program Cooperative Agreement Program, which will provide $30 million directly to community based nonprofit organizations; and (2) the Environmental Justice Government-to-Government Program, which will provide $70 million to states, local governments and Indian Nations with community based organization partners.8 In awarding the funding, special consideration will be given to projects addressing climate change, disaster resiliency, and/or emergency preparedness, among other goals. Projects are expected to begin on Oct. 1, 2023.9
On Jan. 19, 2023, EPA sought public input on the Inflation Reduction Act’s lower carbon construction materials program which provides $350 million to support substantially lower embodied carbon associated with construction materials and products.10 Comments [were] due to EPA by May 1, 2023.11
Following a robust stakeholder engagement process, EPA announced on Feb. 14, 2023 initial guidance for its design of the Inflation Reduction Act’s Greenhouse Gas Reduction Fund, which is intended to provide financing to states, Indian Nations, local governments and nonprofit green banks for reduction in climate pollution.12 EPA indicated that it would hold two competitions by summer 2023 to distribute money under the Greenhouse Gas Reduction Fund, including (1) a $20 billion General and Low-Income Assistance Competition; and (2) a $7 billion Zero-Emissions Technology Fund Competition.13 These programs, along with others under the Inflation Reduction Act, will be implemented in a manner that is consistent with President Biden’s Justice40 Initiative which requires that 40% of the overall benefits of investments flow to “disadvantaged communities.”14
In addition, in February and early March 2023, EPA held a series of webinars to roll out its Climate Pollution Reduction Grants program, which will provide grants to states, territories, air pollution control agencies, Indian Nations and local governments to plan and implement greenhouse gas reduction programs.15 The grants will be awarded in two stages: (1) $250 million for noncompetitive planning grants; and (2) $4.6 billion for competitive implementation grants. EPA is expected to announce the first-phase grants as early as March 2023.16
Mobile Sources and the Bipartisan Infrastructure Law
Under EPA’s Clean School Bus Program, Region 2 announced on Nov. 1, 2022 rebate awards of nearly $18,500,000, funded by the Bipartisan Infrastructure Law, to New York City school districts.17 The awards will allow for the purchase of 51 new clean school buses.18 The Clean School Bus Program, which prioritizes low income, rural, and Tribal communities, will reduce greenhouse gas emissions and other pollution linked to health impacts, such as asthma, while saving school districts money. The award to New York City is part of the first $1 billion disbursed in a five-year $5 billion national program to advance the transition to clean school buses under the Bipartisan Infrastructure Law.19
American Innovation and Manufacturing Act
As part of EPA’s continued work under the American Innovation and Manufacturing (AIM) Act, and to address petitions under AIM granted by the Agency in October 2021, EPA proposed a rule on Dec. 9, 2022 that would restrict the use of high global warming-potential hydrofluorocarbons (HFCs).20 The proposed restrictions, which would begin in 2025, are for HFCs used in certain foams, aerosol products, and refrigeration, air conditioning, and heat pump equipment.21 EPA also announced a proposal on Oct. 20, 2022 that establishes a methodology for allocating HFC production and consumption allowances for 2024 and beyond.22
Methane
On Nov. 11, 2022, at the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), EPA announced a supplemental proposal to strengthen methane controls at hundreds of thousands of existing oil and gas sources.23 Methane is responsible for approximately one-third of the greenhouse gas warming we see today and EPA estimates that the supplemental proposal, if finalized, would reduce methane at covered sources by 87% below 2005 levels by 2030. Upon announcing the supplemental proposal, EPA Administrator Michael Regan stated that the United States “must lead by example when it comes to tackling methane pollution—one of the biggest drivers of climate change.”24 The supplemental proposal also includes a “super-emitter response program” that would rely on remote methane detection technology to identify large-scale emissions of methane at oil and gas sources. The supplemental proposal expands and strengthens EPA’s November 2021 proposal on several items including, among others, fugitive emissions, monitoring of wells, reporting requirements, alternative methane detection technologies, the super-emitter response program, and requirements for flares and other equipment.25
Other Climate Change Developments
On Jan. 19, 2022, EPA proposed to add climate change as a 2024-2027 fiscal year enforcement initiative under its National Enforcement and Compliance Initiatives (NECI), which the agency updates every four years.26 EPA took public comments on this addition and other changes to the NECI.27 Also on Jan. 19, EPA announced the availability of $50 million under the Bipartisan Infrastructure Law to assist states, Tribes and territories develop and implement Underground Injection Control (UIC) Class VI programs under the Safe Drinking Water Act for the purpose of geologically sequestering carbon dioxide.28 Applicants for funding must demonstrate how environmental justice will be incorporated into their programs.29 On Feb. 15, 2023, EPA published its draft annual Inventory of U.S. Greenhouse Gas Emissions and Sinks for the period 1990-2021.30 Pursuant to the requirements of the UNFCCC, EPA submits the inventory each year to the Secretariat of the UNFCCC. The draft report can be found at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.
General
EPA Proposes To Add Environmental Justice, Climate Change, and PFAS to Its NECIs
On Jan. 19, 2023, EPA proposed to include environmental justice, climate change, and PFAS contamination in its NECIs.31 Every four years, EPA selects national initiatives to focus resources. These are areas EPA sees as serious and widespread environmental problems. The purpose is for EPA to get the most effective use of its resources and where federal enforcement can make a difference. The primary objective of these initiatives is to protect human health and the environment by holding polluters accountable through enforcement and assisting regulated entities return to compliance.32
EPA proposed to continue four of the six current national initiatives during the FY 2024-2027 cycle. In addition, EPA proposed to address environmental justice concerns in all NECIs, and to add two new NECIs on mitigating climate change and addressing PFAS pollution, for the upcoming four-year cycle.33
Importantly, careful followers of these initiatives will note the return of the word “enforcement” to them. The Trump administration dropped this term, letting the initiatives focus on compliance instead. The Biden administration has proposed to return to EPA’s long history of enforcement for both specific and general deterrence, while continuing with compliance assistance.
Specifically, EPA proposed continuing these four current NECIs:
- Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants.
- Reducing Risks of Accidental Releases at Industrial and Chemical Facilities.
- Reducing Significant Non-Compliance in the National Pollutant Discharge Elimination System (NPDES) Program.
- Reducing Non-Compliance With Drinking Water Standards at Community Water Systems.34
EPA proposed adding: (5) Mitigating Climate Change and (6) Addressing PFAS Contamination. EPA proposed addressing environmental justice across all six of these initiatives.35
Environmental Justice
EPA Releases Updated Legal Guidance To Address Cumulative Impacts To Advance Environmental Justice, Equity
On Jan. 11, 2023, EPA announced an action to identify and address cumulative impacts from pollution and non-pollution sources.36 Specifically, EPA’s Office of the General Counsel (OGC) released the “Cumulative Impacts Addendum to EPA Legal Tools to Advance Environmental Justice.”37 The addendum is a collection of EPA’s legal authorities to identify and address cumulative impacts through a range of actions, including permitting, regulations, and grants, all geared toward advancing environmental justice.38
EPA Announced $550 million To Advance Environmental Justice
On Feb. 23, 2023, EPA announced $550 million from the Inflation Reduction Act to expedite investments through EPA’s new Environmental Justice Thriving Communities Grantmaking (EJ TCGM) program.39 EPA expects this program to expedite investments to reduce pollution in disadvantaged communities. This new program will fund up to 11 entities to serve as “grantmakers” for community-based projects that reduce pollution. Selected grantmakers will develop an efficient process so that organizations that historically have faced barriers receiving funding can more seamlessly apply for grants that address environmental harms and risks.40
EPA Finalizes Environmental Justice Action Plan for Land Protection and Cleanup Programs
On Sept. 30, 2022, EPA announced it finalized the agency’s EJ Action Plan: Building Up Environmental Justice in EPA’s Land Protection and Cleanup Programs (EJ Action Plan).41 The EJ Action Plan highlights tools and practices to apply to the Superfund, Brownfields, Emergency Response, Solid Waste Management, Resource Conservation and Recovery Act Corrective Action, and Underground Storage Tank programs.42 The plan further demonstrates EPA’s commitment to EJ issues.
The plan includes these main goals: (1) strengthening compliance with core environmental statutes; (2) incorporating environmental justice considerations during the regulatory development process; and (3) improving community engagement in rulemakings, permitting decisions, and policies.43
Water Issues
EPA and Army Corps Finalize Rule Establishing Definition of WOTUS
When Congress passed the Clean Water Act, maybe it assumed defining what exactly constitute “waters of the United States” would be straightforward and EPA and the Army Corps could quickly settle on the details. Then again, perhaps Congress foresaw the challenges with things like interment streams, wetlands, ditches, and the like, and chose to punt the issue (while choosing to define other terms in the Clean Water Act). An ordinary person could look at, say, the Hudson River and think, yes, that is a water of the United States. However, as most well know, the issue gets “murky” quickly.
The Clean Water Act does not define the term “waters of the United States” even though it is a threshold term establishing the geographic scope of federal jurisdiction under the act. EPA and the Army Corps have defined the term in regulations since the 1970s. The definition has significant reach and effect under the Clean Water Act, including: (1) water quality standards and TMDLs under CWA § 303; (2) oil spill programs under CWA § 311; (3) water quality certifications under CWA § 401; (4) NPDES permits under CWA § 402; and (5) dredge and fill permits under CWA § 404. Many more regulations implementing these programs, and others, also rely upon the WOTUS definition.
Those with even a cursory understanding of the Clean Water Act know the definition of waters of the United States (known colloquially as WOTUS) is no stranger to the Supreme Court—several key decisions have ruled on prior definitions and EPA decisions under them. The WOTUS definition has also fallen victim to political winds, whiplashing its reach and effect among the Obama, Trump, and now Biden administrations.
In January 2021, President Biden’s Executive Order 13990 identified the Trump era 2020 Navigable Waters Protection Rule specifically for review.44 This order directed federal agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted by the Trump administration.45 Upon review of the 2020 Navigable Waters Protection Rule, EPA and the Army Corps determined that the Trump rule significantly reduced clean water protections, with the lack of protections particularly significant in arid states.46
So, on Dec. 30, 2022 EPA and the Army Corps announced a final rule establishing a durable definition of “waters of the United States” (WOTUS).47 EPA published the final rule in the federal register on Jan. 18, 2023.48 According to EPA, the “rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science,” and technical expertise of both EPA and the Army Corps.
Accompanying the issuance of the final rule, EPA and the Army Corps released several resources and supporting documentation to assist with implementation across the country.49 These include a summary of 10 regional roundtables with input from communities regarding implementation.50
Nearly $84 Million Available To Help New York Communities Address Emerging Contaminants (PFAS) in Drinking Water
On Feb. 13, 2023, EPA announced more than $83.7 million from the Infrastructure Law to address emerging contaminants, like per- and polyfluoroalkyl substances (PFAS), in drinking water in New York.51 These funds will be made available to communities as grants through EPA’s Emerging Contaminants in Small or Disadvantaged Communities
(EC-SDC) Grant Program and will promote access to safe and clean water in small, rural, and disadvantaged communities.
The Infrastructure Law invests $5 billion over five years to help communities reduce PFAS in drinking water. EPA announced the funds for New York as part of an allotment of $2 billion to states to prioritize infrastructure and source water treatment for pollutants, like PFAS and other emerging contaminants, and to conduct water quality testing.52
EPA Announces Plans for Wastewater Regulations and Studies, Including Limits for PFAS
On Jan. 20, 2023, EPA released Effluent Guidelines Program Plan 15 (Plan 15).53 This plan explains how EPA will develop technology-based pollution limits and studies on wastewater discharges from industrial sources. A focus of Plan 15 is evaluating the extent and nature of PFAS discharges.54
In Plan 15 EPA announced that revised effluent limitations guidelines and pretreatment standards (ELGs) are needed for reducing PFAS in leachate discharges from landfills.55 In addition to landfill leachate, EPA announced (1) new studies of PFAS discharges from textile manufacturers; (2) a new study of publicly owned treatment works (POTW) influents to characterize the PFAS concentrations from industrial dischargers to POTWs; and (3) a new study on concentrated animal feeding operations (CAFOs) to decide whether to undertake rulemaking to revise the ELGs for CAFOs.
EPA’s ELGs are national, technology-based regulations developed to control industrial wastewater discharges to surface waters and into POTWs. ELGs represent the greatest economically achievable pollutant reductions through technology for a specific industry (e.g., landfills, textile manufactures, and CAFOs).56 EPA prepares ELG Program Plans after public review and comment on a preliminary plan, pursuant to Clean Water Act (CWA) § 304(m).
Clean Air Act Issues
EPA Proposes To Strengthen Fine Particle Standards
On Jan. 27, 2023, EPA published a proposal to strengthen fine particle pollution, also known as PM2.5.57 EPA’s proposal will “take comment on strengthening the primary (health-based) annual PM2.5 standard from a level of 12 micrograms per cubic meter to a level between 9 and 10 micrograms per cubic meter, reflecting the latest health data and scientific evidence; the Agency is also taking comment on the full range (between 8 and 11 micrograms per cubic meter) included in the Clean Air Scientific Advisory Committee’s (CASAC) latest report.”58 EPA estimates that, if finalized at the lower end of the proposed range, a strengthened primary annual PM2.5 standard at a level of 9 micrograms per cubic meter would prevent up to 4,200 premature deaths per year and 270,000 lost workdays per year and result in as much as $43 billion in net health benefits in 2032.59
EPA is proposing to retain the PM2.5 24-hour standard, the current primary 24-hour standard for PM10, which provides protection against coarse particles, and the secondary standards for both PM2.5 and PM10.60
EPA Enforcement Against “Defeat Devices”
EPA announced, on Oct. 18, 2022, that two companies, PARTSiD, Inc. and PARTSiD, LLC (PARTSiD), based in Cranbury, New Jersey, will pay a $491,474 penalty in response to EPA claims that the companies illegally sold “defeat devices,” aftermarket products that disable vehicles’ emissions control systems.61 EPA “found that PARTSiD sold hardware and software specifically designed to defeat required emissions controls on vehicles and engines, including aftermarket exhaust pipes; exhaust-related removal kits; and aftermarket computer software that can alter fuel delivery, power parameters, and emissions.”62 In addition to paying a penalty, under the agreement the company “has stopped selling the illegal devices.”63
EPA requires emission controls on vehicles to reduce the harmful pollutants they emit and their harmful effects; aftermarket devices negate those controls.64 Emission control systems, installed in most automobiles to meet federal emission standards, “typically control more than 90% of the regulated pollutants passing through them.”65
Heavy Duty Engine and Vehicle Standards
On Dec. 20, 2022, EPA adopted a final rule, Control of Air Pollution from New Motor Vehicles: Heavy Duty Engine and Vehicle Standards.66 The rule establishes “the strongest-ever national clean air standards to cut smog- and soot-forming emissions from heavy-duty trucks beginning with model year 2027.”67 EPA estimates that by 2045 the rule will yield the following annual public health benefits: up to 2,900 fewer premature deaths; 6,700 fewer hospital admissions and emergency department visits; 18,000 fewer cases of childhood asthma; 3.1 million fewer cases of asthma symptoms and allergic rhinitis symptoms; 78,000 fewer lost days of work; 1.1 million fewer lost school days for children; and $29 billion in annual net benefits.68
The new standards, which constitute the first update to clean air standards for heavy duty trucks in more than 20 years, are more than 80% stronger than the prior standards, increase useful life of governed vehicles by 1.5 to 2.5 times, and will yield emissions warranties that are 2.8 to 4.5 times longer.69 This final rule includes provisions for longer useful life and warranty periods, which “guarantee that as target vehicles age, they will continue to meet EPA’s more stringent emissions standards for a longer period of time.”70 The rule “requires manufacturers to better ensure that vehicle engines and emission control systems work properly on the road.”71 One example is the requirement that “manufacturers must demonstrate that engines are designed to prevent vehicle drivers from tampering with emission controls by limiting tamper-prone access to electronic pollution controls.”72
Superfun(sic) Update
EPA Announces Additional $1 billion in Bipartisan Infrastructure Law Funds for Superfund Work, Including at the General Motors Site in Massena, N.Y.
On Feb. 10, 2023, EPA announced the second wave of approximately $1 billion in funding from the Bipartisan Infrastructure Law to start new cleanup projects at 22 Superfund sites and expedite over 100 other ongoing cleanups across the country.73 Out of the 22 sites to receive funding for new Superfund projects, 60% are in communities with the potential for environmental justice concerns.74
The Bipartisan Infrastructure Law reinstates chemical excise taxes and allocates a total of $3.5 billion toward environmental remediation at Superfund sites. The first tranche of infrastructure funding was announced by EPA in December 2021. The agency deployed more than $1 billion for cleanup activities at over 100 Superfund National Priorities List sites across the country.75 EPA was able to start 81 new cleanup projects in 2022, four times as many construction projects as the year before.76 The agency also more than doubled its spending for pre-construction activities such as remedial investigations, feasibility studies, remedial designs, and community involvement efforts.77
Among the sites that will receive funding from the second tranche of Bipartisan Infrastructure Law funds is the General Motors (Central Foundry Division) Superfund site in Massena, New York.78 This site includes a former aluminum die-casting plant that operated from 1959 to 2009. The plant disposed of its industrial waste on-site, contaminating groundwater, soil, and river sediment with PCBs, volatile organic compounds, and phenols. The site is of particular concern to the Saint Regis Mohawk Tribe (SRMT) as its territory, called Akwesasne, is located downstream of the former plant, and fish and wildlife are a traditional source of food.79
In 1990 and 1992, EPA issued plans to clean up the Massena site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These plans have since been implemented by General Motors or the Revitalizing Auto Communities Environmental Response (RACER) Trust. The RACER Trust is responsible for certain cleanups following General Motors’ bankruptcy and has spent over $153 million cleaning up the former Massena plant property and nearby waterbody sediments. 80
Although the trust has funds for the design of the Tribal soil and sediment cleanup at the site, it does not have funds to conduct further cleanup activities. The infrastructure funding will be used to remove approximately 4,200 cubic yards of PCB-contaminated soil and 2,000 cubic yards of contaminated sediments from the site.81
EPA Orders Norfolk Southern to Conduct Superfund Response Activities Associated with the East Palestine Train Derailment
On Feb. 21, 2023, EPA issued a unilateral administrative order to Norfolk Southern Railway Company (Norfolk Southern) under CERCLA in connection with the derailment of Norfolk Southern rail cars on Feb. 3, 2023, in East Palestine, Columbiana County, Ohio.82
The order defines the Norfolk Southern train derailment site as the areal extent of hazardous substances that were released from the Feb. 3 train derailment and subsequent emergency response activities.83 According to the order, releases to the environment include the migration of liquid product from the rail cars, runoff from firefighting efforts, and the migration of smoke and ash from the burning cars. Hazardous substances found at the site include vinyl chloride, benzene, and butyl acrylate.84
Pursuant to the terms of the order, Norfolk Southern will be required to perform certain response activities under CERCLA, including identifying and cleaning up contaminated soil and water resources, reimbursing EPA for cleaning services to be offered to nearby residents and businesses, attending and participating in public meetings, and reimbursing EPA’s costs for work performed under the order.85 If the company fails to complete any actions required by the order, EPA will conduct the necessary work and then seek to compel Norfolk Southern to pay triple the cost.86
The order was issued under § 106(a) of CERCLA. This provision authorizes EPA to issue unilateral orders upon a determination that there may be an imminent and substantial endangerment to the public health or welfare of the environment because of an actual or threatened release of hazardous substances.
EPA’s order marks the transition of the multi-agency response from an emergency phase to a longer-term remediation phase. To help implement the order, EPA will establish a “unified command structure” to coordinate the cleanup efforts with federal, state, and local agencies.87
EPA Completes Demolition and Asbestos Removal at the Charlestown Mall Site in Utica and Frankfort, N.Y.
On Dec. 14, 2022, EPA announced that it had completed cleanup work to address asbestos contamination at the Charlestown Mall site in Utica and Frankfort, New York.88 EPA removed a total of approximately 30,000 tons of debris from the site, and it will now engage with local elected officials and regional economic development leaders to discuss potential future uses of the site.89
The site was initially a weapons manufacturing factory and then a retail shopping outlet and commercial business complex. By 2005, the site was mostly vacant.90 In August 2020, a massive fire destroyed more than 500,000 square feet of the former manufacturing and retail space at the site. EPA boarded up remaining structures to limit access and further secured the property with a fence. EPA began the site cleanup in June 2022 by tearing down then-existing structures to their foundations and removing the asbestos-containing waste.91
The site is privately owned by Charlestown Mall of Utica, LLC, which acquired the three properties comprising the site in 2007. The owner signed a settlement agreement with EPA to partially cover cleanup costs.92
Now that site cleanup activities have been completed, EPA’s Superfund Redevelopment Program will be available to provide ongoing reuse support services to the local community. As part of this program, EPA provides site owners and prospective buyers with direct support, such as technical assistance and redevelopment planning services, as well as tools and resources to help communities explore reuse choices.93
EPA Finalizes Cleanup Plan to Address Additional Contaminated Groundwater at the Olean Well Field Superfund Site in Cattaraugus County, N.Y.
On Oct. 4, 2022, EPA announced the issuance of a record of decision for a portion of the Olean Well Field Superfund site in Olean, New York.94 The decision document finalized the agency’s plan to inject non-toxic materials into wells to break down hazardous contamination in the groundwater across several areas of the site located south of the former AVX Corporation property.95
The Olean Well Field Superfund site contains various wells, homes, and manufacturing facilities. Earlier industrial operations at the AVX property, as well as three other facilities that EPA considers to be sources of site contamination, resulted in the contamination of soil and groundwater with trichloroethylene, 1,4-dioxane, and other volatile organic compounds.96
The newly selected in-situ treatment will speed up groundwater remediation by chemically reducing or oxidizing site contaminants. The technique supplements the natural breakdown of these contaminants over time. The selected cleanup will also involve long-term monitoring to ensure the remedial approach is working as intended.97
EPA added the site to the Superfund list in 1983. Since that time, several investigations led to cleanup remedies for the four source facilities and nearby impacted groundwater, most of which are being implemented by potentially responsible parties for the site.98
Margo Ludmer is an assistant regional counsel with the United States Environmental Protection Agency, Region 2, New York / Caribbean Superfund Branch. She received a J.D. from the University of Virginia School of Law and a B.A. from the University of Michigan. The author is not doing this work in any governmental capacity. The views expressed are her own and do not necessarily represent those of the United States or EPA.
Mary McHale is an assistant regional counsel with the United States Environmental Protection Agency, Region 2, Air Branch. She received a J.D. from the State University of New York at Buffalo Law School and a B.A. from the University of Virginia. The author is not doing this work in any governmental capacity. The views expressed are her own and do not necessarily represent those of the United States or EPA.
Joseph A. Siegel teaches climate change law at Haub School of Law at Pace University, environmental dispute resolution at Hofstra Law School, is an attorney at the U.S. Environmental Protection Agency, Region 2 office in New York, and chairs the Education/Outreach Subcommittee for Mediators Beyond Borders International’s Climate Change Project. This work is not a product of the United States government or the U.S. Environmental Protection Agency. The author is not doing this work in any governmental capacity. The views expressed are his own and do not necessarily represent those of the United States or EPA.
James (Jay) L. Simpson is an assistant counsel with the New York State Department of Environmental Conservation, and previously was an assistant regional counsel at U.S. EPA Region 2. Any opinions expressed herein are the author’s own, and do not necessarily reflect the views of the NYSDEC or EPA. This column is based upon select EPA press releases and other public information.
Endnotes
30 88 Fed. Reg. 9881 (Feb. 15, 2023).
37 See https://www.epa.gov/ogc/epa-legal-tools-advance-environmental-justice.
50 See https://www.epa.gov/wotus/public-outreach-and-stakeholder-engagement-activities.
66 88 Fed. Reg. 4296 (Jan. 24, 2023).
