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Enforcement

Listening Sessions - Superfund Task Force Recommendations

On June 4, 2019, EPA’s Office of Site Remediation Enforcement (OSRE), within the Office of Enforcement and Compliance Assurance, will hold a second listening session on Recommendation 22 contained within the Agency's Superfund Task Force Recommendations report. This listening session is a continuation of the 2018 forum for EPA personnel to obtain stakeholder input on specific Superfund Task Force recommendations in an effort to increase public participation and transparency, and strengthen communication with stakeholders. The previous series of listening sessions were held from May 21, 2018 to June 18, 2018.

The goal of SFTF Recommendation 22 is to encourage private investment and promote third-party participation in Superfund site cleanups by exploring innovative approaches for financing site cleanups. The first listening session on this recommendation explored the current landscape of different financial risk allocation mechanisms, including environmental liability transfers (ELTs) and other business structures. The 2019 listening session will highlight and raise awareness of past uses of “look first” provisions in CERCLA settlements involving environmental response transfer arrangements. More information on the session is provided below in the section of this page on the schedule of OSRE SFTF listening sessions.

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Background Information

Protecting human health and the environment is EPA’s core mission. Ensuring that the Superfund program operates optimally is one of this mission’s cornerstones. With this in mind, EPA Administrator Scott Pruitt established the Superfund Task Force on May 22, 2017, to provide recommendations for improving and expediting site cleanups and promoting redevelopment.

On July 25, 2017, EPA’s Superfund Task Force released its recommendations, which are organized under five goals:

  • Expediting cleanup and remediation;
  • Reinvigorating responsible party cleanup and reuse;
  • Encouraging private investment;
  • Promoting redevelopment and community revitalization; and
  • Engaging partners and stakeholders.

More information is available from the Superfund Task Force website.

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Submitting Written Remarks

For the June 4, 2019 listening session written remarks may be submitted until June 11, 2019. Please submit your written remarks to the following email address: osre-sftf-listeningsession@epa.gov.

Once submitted, your written remarks cannot be edited or removed. Please keep in mind that all information obtained or submitted during a listening session may become public information. Do not submit electronically any information you consider confidential business information or other information whose disclosure is restricted by statute.

Submitting written remarks for the 2018 listening sessions is closed.

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Schedule of OSRE SFTF Listening Sessions

The listening session on Recommendation 22 is a continuation of the session held on June 5, 2018. This listening session will highlight and raise awareness of past uses of “look first” provisions in CERCLA settlements involving environmental response transfer arrangements. More information on the 2019 listening session is provided below. Like this new session, the 2018 listening sessions were held to solicit public and stakeholder input related to specific recommendations contained within the Superfund Task Force Recommendations Report. During the listening sessions, Agency staff from OSRE and the Regions provided brief background information on each of the recommendation identified below, as well as progress to date on activities related to the recommendations.

OSRE Listening Sessions

June 4, 2019

The Use of “Look First” Provisions in CERCLA Settlement Agreements
SFTF Recommendation 22
Information about the listening session on Recommendation 22, Part 2 session
Tuesday, June 4, 2019
11:00 am – 12:30 pm Eastern
Register here Exit


May 21, 2018

Expediting Negotiations with Potentially Responsible Parties for Superfund Cleanup Agreements
SFTF Recommendation 16-2, Part 1
Monday, May 21, 2018 (Noon – 2 pm Eastern)

Deadline for written remarks: May 29, 2018.


June 5, 2018

Exploring CERCLA Environmental Liability Transfer Approaches
SFTF Recommendation 22
Tuesday, June 5, 2018 (Noon – 2 pm Eastern)

Deadline for written remarks has been extended by request: June 26, 2018.


New Tools to Support Private Party Investment in Cleaning Up and Reusing Superfund Sites
Recommendation 27
Tuesday, June 5, 2018 (3 – 5 pm Eastern)

Deadline for written remarks has been extended by request: June 26, 2018.


June 11, 2018

Encouraging Potentially Responsible Parties to Implement Reuse
Recommendation 21
Monday, June 11, 2018 (Noon – 2 pm Eastern)

Deadline for written remarks: June 18, 2018.


Revising EPA's "Common Elements" Guidance to Encourage Third Party Investment
Recommendation 29
Monday, June 11, 2018 (3 – 5 pm Eastern)

Deadline for written remarks: June 18, 2018.


June 13, 2018

Informing Parties about Streamlining the Cleanup and Redevelopment Process
Recommendation 23
Wednesday, June 13, 2018 (Noon – 2 pm Eastern)

Deadline for written remarks: June 20, 2018.


June 18, 2018

Improving Comfort Letters to Address Superfund Liability Concerns
Recommendation 28
Monday, June 18, 2018 (Noon – 2 pm Eastern)

Deadline for written remarks: June 25, 2018.


Improving Implementation of Cleanup Agreements for Response Actions by Potentially Responsible Parties
Recommendation 16-2, Part 2
Monday, June 18, 2018 (3 – 5 pm Eastern)

Deadline for written remarks: June 25, 2018.

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Providing Live Verbal Remarks During a Listening Session

Each listening session registration form contains the option to provide live verbal remarks; however, there is a limited number of speaking opportunities available due to the one-and-a-half hour time limit for the session.

A participant that registers to make live verbal remarks will receive additional information on their opportunity to speak. A speaking schedule will be distributed prior to each listening session. Participants are notified prior to the event regarding any time limit on their remarks. EPA will make every effort to follow the schedule as closely as possible on the day of the meeting.

Supporting materials and/or complete or additional remarks associated with a live verbal remarks can be submitted to OSRE via email at osre-sftf-listeningsession@epa.gov. Participants are asked to include the listening session recommendation number in the subject line of your email (example: OSRE LS 22.2-2 or First Look Settlements). Once submitted, written remarks cannot be edited or removed. Please keep in mind that all information obtained or submitted during a listening session may become public information. Do not submit electronically any information you consider confidential business information or other information whose disclosure is restricted by statute.

Written remarks to supplement live verbal remarks are due after a listening session by a date specific as noted above.

Contact Information

For more information on the listening sessions, please refer to the information page for each listening sessions listed above or contact OSRE via email at osre-sftf-listeningsession@epa.gov.

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