CERCLA/Superfund regulations & environmental compliance analysis

CERCLA/Superfund: What you need to know

Governing Law and Regulations

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 USC 9601 to 9657

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Resource Conservation and Recovery Act (RCRA), 42 USC 6901 to 6991(i), and regulations at 40 CFR 240 to 282

Brownfields: Public Law 107-118 (H.R. 2869)

Superfund Amendments and Reauthorization Act (SARA), 42 USC 11001 to 11050

National Oil and Hazardous Substances Pollution Contingency Plan (NCP): 40 CFR 300

Site and area assessment:

Project scoping: 40 CFR 300.430(b)

Remedial investigation (RI): 40 CFR 300.430(d)

Feasibility study (FS): 40 CFR 300.430(e)

Remedy selection: 40 CFR 300.430(f)

CERCLA liability:

Potentially responsible parties (PRPs): 42 USC 9607

PRP notice letter: 42 USC 9622

CERCLA defenses:

Secured lender exemption: 42 USC 9601(20)

Innocent landowner defense: 42 USC 9601(35)(A)(i)

All appropriate inquiry: 42 USC 9601(35)

Bona Fide Prospective Purchaser Defense: 42 USC 9607(r)

Contiguous Property Owner Defense: 42 USC 9607(g)

Recyclers' exemption: 42 USC 9627

Trust fund:

Reimbursement claims: 40 CFR 307.30

EPA preauthorization: 40 CFR 307.22

Confidential business information (CBI): 40 CFR 307.22(g)

Response claims: 40 CFR 307.31

Recordkeeping: 40 CFR 307.33

Regulatory Agency

U.S. Environmental Protection Agency (EPA) Office of Solid Waste and Emergency Response (OSWER) Office of Superfund Remediation Technology Innovation (OSRTI)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

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