Earlier this month, the United States Environmental Protection Agency (“EPA”) issued a memorandum that defines Adaptive Management (“AM”) and calls for its expanded implementation at Superfund sites across the country. The push for AM derives from one of many recommendations made by the EPA Superfund Task Force (“STF”), which was established by former EPA Administrator Scott Pruitt. As we previously reported, one of the former Administrator’s main priorities while in office was to revamp the Superfund program and restore it to “its rightful place at the center of the Agency’s mission.” The STF was established to further this goal and to “provide recommendations for improving and expediting site cleanups and promoting development.” Continue Reading EPA Recommends Use of Adaptive Management Techniques at Superfund Sites

Despite condoning a 34 percent cut to his agency’s funding for fiscal year 2018, U.S. EPA Administrator Scott Pruitt this week announced a seemingly ambitious plan to expedite the federal Superfund process to address the roughly 1,300 sites listed on the National Priorities List. Characterizing these sites as “languishing,” Pruitt promised that the “days of talking are over,” and that EPA would take immediate action to accelerate cleanup efforts nationwide. Continue Reading EPA Administrator Takes Aim at Aging Superfund Sites

Phillips Lytle Environment Client Alert June 2016By two letters dated June 14, 2016, the New York State Department of Environmental Conservation (“NYSDEC”) initiated two information requests to businesses across the State to identify the use of certain perfluorinated compounds (“PFCs”). The letters were sent to chemical bulk storage facilities, petroleum bulk storage facilities, major oil storage facilities, fire departments and airports. NYSDEC added certain PFCs to New York’s list of hazardous substances by emergency regulations on January 27, 2016, and added other PFCs on April 25, 2016. Final rulemaking regulating these substances is ongoing, with the public comment period closing July 8, 2016. Continue Reading NYSDEC Requests Information About PFCs