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  • How do the changes in the 2006 Amendments apply to mobile refuelers?

    Mobile refuelers are now exempt from the following sized secondary containment provisions that still apply to all other bulk storage containers and mobile/portable bulk storage containers: • Sections 112.8(c)(2) and (11) for petroleum oils • Sections 112.12(c)(2) and (11) for animal fats and vegetable oils These provisions previously required sized…

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  • What is a CERCLA § 107(r) windfall lien?

    Under section 107(r) of the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as Superfund), a windfall lien is a statutory lien on a property for the increase in the fair market value of that property attributable to the EPA's cleanup efforts. It is not a lien for all…

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  • Who can be a potentially responsible party at a hazardous waste site?

    There are four classes of Superfund liable parties: Current owners and operators of a facility, Past owners and operators of a facility at the time hazardous substances were disposed, Parties that arranged for the disposal or transport of the hazardous substances, and Transporters of hazardous substances that selected the site…

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  • SPCC Rule schedules for inspections, tests, and evaluations

    The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…

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  • Who is responsible for enforcement of cleaning up leaks from underground storage tanks?

    The underground storage tank program is primarily implemented by states and territories. The first point of contact is the state or territorial regulatory agency with jurisdiction where the USTs are physically located. See state and territorial UST program offices for a list of contacts. The EPA UST program provides answers…

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  • How does the EPA enforce Superfund cleanups?

    The Comprehensive Environmental Response, Compensation, and Liability Act (commonly referred to as Superfund) provides the EPA with enforcement authorities to clean up sites by finding the companies or people responsible for contamination at a site, and negotiating with them to do the clean up themselves, or to pay for the…

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  • What is the role of the EPA's cleanup enforcement program?

    The EPA's cleanup enforcement program protects human health and the environment by getting those responsible for contamination to either clean up or reimburse the EPA for its cleanup. The EPA uses several cleanup authorities independently and in combination to address specific cleanup situations. For more information on various cleanup enforcement…

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  • What is cost recovery?

    Cost recovery is the action that the federal government, states, and private parties may take to recover what they spent on cleanup activities at a site. If the EPA does the cleanup work using Superfund money, it will try to recover those costs from responsible parties. More information is available…

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  • Is prior law enforcement experience a prerequisite?

    No, prior law enforcement experience is not a prerequisite for employment. EPA-CID seeks candidates from a diverse range of backgrounds and career fields to complement each other on working complex cases. EPA-CID has a very competitive hiring posture and is continuously seeking applicants who possess a wide variety of experience.

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  • Are mobile refuelers exempt from integrity testing requirements?

    Pursuant to 40 CFR §112.8(c)(2), mobile refuelers are exempt from the secondary containment requirements for bulk storage containers. Are mobile refuelers also exempt from the requirements for integrity testing in §112.8(c)(6)? Since mobile refuelers are mobile or portable bulk storage containers, the other provisions of §112.8(c) still apply. Therefore, mobile…

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  • Does having a disability disqualify me from being a Special Agent?

    Special Agents are subject to medical standards. As defined by the Office of Personnel Management, Special Agent duties require moderate to arduous physical exertion involving walking and standing, use of firearms, and exposure to inclement weather. Manual dexterity with comparatively free motion of finger, wrist, elbow, shoulder, hip, and knee…

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  • How long does the Special Agent application process take?

    The hiring process can take six to nine months. However, sometimes the process can extend beyond nine months.

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  • Can the EPA choose not to pursue certain potentially responsible parties?

    Yes, in an enforcement action, the EPA may choose not to pursue certain potentially responsible parties. For example, the EPA's de minimis and de micromis policies allow the agency some flexibility in negotiating settlements. Such "enforcement discretion" allows the EPA to choose to pursue those PRPs the agency has reason…

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  • Do obligated parties and renewable fuel exporters that used invalid Renewable Identification Numbers (RINs) in a given year need to replace all of those invalid RINs with valid RINs of the same year?

    The Renewable Fuel Standard (RFS) regulations provide a limited flexibility to carry a RIN deficit. Obligated parties that used invalid RINs may be able to show that they meet their Renewable Volume Obligations (RVOs) by: carrying a deficit forward in accordance with the limitations at 40 C.F.R. § 80.1427(b) and…

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  • What kind of liability is there for polluters under Superfund?

    Under the Comprehensive Environmental Response, Compensation, and Liability Act (commonly referred to as Superfund), a potentially responsible party is subject to strict liability. Strict liability means that "fault" is not required in order to establish a party's liability under section 107 of the statute. The liability of a party is…

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