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87 FR 59699

EPA authorized Maine's revisions to its hazardous waste management program under RCRA.

87 FR 59748

EPA proposed to grant final authorization to Maine for revisions to its hazardous waste management program under RCRA.

Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements

Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.

87 FR 56983

United States v. American Iron & Metal Co., No. 22-7800 (S.D.N.Y. Sept. 13, 2022). A proposed consent decree requires settling CERCLA defendants to pay $437,255 in reimbursement of the United States’ past response costs regarding the Port Refinery Superfund site in the Village of Rye Brook, New York.

87 FR 56944

EPA announced a proposed administrative settlement agreement under CERCLA concerning the AB Specialty Silicones Fire site in Waukegan, Lake County, Illinois, that requires respondents to pay $266,000 for past response costs.

87 FR 54414

EPA proposed to authorize changes to Florida’s hazardous waste management program under RCRA.

87 FR 54398

EPA took direct final action on the authorization of Florida’s changes to its hazardous waste program under RCRA.

87 FR 54415

EPA proposed to designate perfluorooctanoic acid and perfluorooctanesulfonic acid, including their salts and structural isomers, as hazardous substances under CERCLA.

87 FR 53502

United States v. United Park City Mines Co., No. 2:19-cv-00200-BSJ (D. Utah Aug. 25, 2022).  Under a proposed consent decree concerning releases of hazardous substances at the Richardson Flat Tailings Site near Park City, Utah, settling CERCLA defendants agree to pay or cause to be paid $6,475,000 for response costs at the Richardson Flat Tailings Site, $350,000 for natural resource damages at the Richardson Flat Tailings Site, and $250,000 for response costs at the nearby Uintah Mining District Site.