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EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

Date: 5 April 2022
U.S. Environment, Land, and Natural Resources and Policy and Regulatory Alert
By: Dawn M. Lamparello, Cliff L. Rothenstein, Amanda A. Konarski

On 17 March 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of twelve sites to the Superfund National Priorities List (NPL).1 The EPA has determined that releases of contamination at these sites pose risks to human health and the environment, and is taking action for the health, safety, and revitalization of affected communities. The EPA also announced the proposed addition of five additional sites to the NPL, which are currently open for public comment. Many of these sites are in overburdened or underserved communities.

The following sites are being added to the NPL:

  • Lower Neponset River, Boston/Milton, MA 2
  • Meeker Avenue Plume, Brooklyn, NY 3
  • Bear Creek Sediments, Baltimore County, MD 4
  • Paden City Groundwater, Paden City, WV 5
  • Westside Lead, Atlanta, GA 6
  • Galey and Lord Plant, Society Hill, SC 7
  • National Firewords, Cordova, TN 8
  • North 5th Street Groundwater Contamination, Goshen, IN 9
  • Michner Plating - Mechanic Street, Jackson, MI 10
  • Southeast Hennepin Area Groundwater and Vapor, Minneapolis, MN 11
  • Unity Auto Mart, Unity, WI 12
  • Bradford Island, Cascade Locks, OR 13

For these sites which have been newly listed on the NPL, the EPA will likely issue potentially responsible party (PRP) determination letters and request that PRPs participate in a remedial investigation/feasibility study as next steps. The following sites are being proposed for addition to the NPL:

  • Lower Hackensack River, Bergen and Hudson Counties, N.J. 14
  • Brillo Landfill, Victory, NY 15
  • Georgetown North Groundwater, Georgetown, DE 16
  • Hercules Inc., Hattiesburg, MI 17
  • Highway 3 PCE, Le Mars, IA 18

For these sites, the EPA is still receiving public comments for consideration, prior to making a final determination on the site’s status.

If your company may be affected by the addition or proposed addition of these sites to the NPL, please reach out to our K&L Gates team for more information, including assistance developing a path forward.

1 EPA News Release: EPA Updates Superfund National Priorities List, to Clean Up Pollution, Address Public Heath Risks, and Build a Better America https://www.epa.gov/newsreleases/epa-updates-superfund-national-priorities-list-clean-pollution-address-public-health-0

2 Lower Neponset River, Boston/Milton, MA Fact Sheet

3 Meeker Avenue Plume, Brooklyn, NY Fact Sheet

4 Bear Creek Sediments, Baltimore County, MD Fact Sheet

5 Paden City Groundwater, Paden City, WV Fact Sheet

6 Westside Lead, Atlanta, GA Fact Sheet

7 Galey and Lord Plant, Society Hill, SC Fact Sheet

8 National Fireworks, Cordova, TN Fact Sheet

9 North 5th Street Groundwater Contamination, Goshen, IN Fact Sheet

10 Michner Plating – Mechanic Street, Jackson, MI Fact Sheet

11 Southeast Hennepin Area Groundwater and Vapor, Minneapolis, MN Fact Sheet

12 Unity Auto Mart, Unity, WI Fact Sheet

13 Bradford Island, Cascade Locks, OR Fact Sheet

14 Lower Hackensack River, Bergen and Hudson Counties, NJ Fact Sheet

15 Brillo Landfill, Victory, NY Fact Sheet

16 Georgetown North Groundwater, Georgetown, DE Fact Sheet

17 Hercules Inc, Hattiesburg, MI Fact Sheet

18 Highway 3 PCE, Le Mars, IA Fact Sheet

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

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