Proposed Deregulatory Actions on Small Superfund Claims and Arbitration Procedures

Rule Summary

On June 3, 2026, EPA proposed two regulatory updates to remove outdated and unused parts of the regulations on:

• Administrative procedures for claims against the Superfund Trust Fund.
• Arbitration requirements and procedures for small Superfund cost recovery claims.

These actions will cut bureaucratic red tape by reducing complex, unneeded requirements and processes in federal regulations.

Specifically, EPA is proposing to:

• Rescind Title 40 of the Code of Federal Regulations Part 304: Arbitration Procedures for Small Superfund Cost Recovery Claims.
  • EPA is not aware of this arbitration process being used in the past and there are other more current and proven mechanisms in use for dispute resolution.
• Amend 40 CFR Part 305.31(a): Evidence to remove the phrase “of little probative value.”
  • Removing this language will better align with the Federal Rules of Evidence, enabling the admission of evidence that is relevant and otherwise acceptable but also “of little probative value” when considered by itself.

EPA will accept comments on these proposals through August 3, 2026. 

• Read the Proposed Rule Rescinding the Regulations for Arbitration Requirements and Procedures for Small Superfund Cost Recovery Claims.
• Read the Proposed Rule Amending the Administrative Hearing Procedures for Claims Against the Hazardous Substance Superfund.