Is there a more effective way to address Superfund sites? Does the recent emerging contaminant affect your company? We look at both of these topics below.
Addressing Superfund Sites Differently
Federal Superfund sites (under the Comprehensive Environmental Response Compensation and Liability Act, CERCLA) have notoriously experienced delays piling up on top of one another. For decades, the question has been, Can we close these sites faster?
Getting Superfund sites delisted was a priority in President Trump’s first term (see our November 22, 2020, blog). The Trump Administration is again addressing this age-old issue with what appears to be some common-sense ideas.
According to the Government Accountability Office, there are still 1,340 Superfund Sites across the country. The reasons for delays in cleaning up Superfund sites include lack of funding, discovery of new contaminants (including per- and polyfluoroalkyl substances), lack of potentially responsible parties, and technical complexity.
Recently, David Fotohi, Deputy Administrator of the Environmental Protection Agency (EPA), provided an exclusive interview with Bloomberg Law. In the interview, Mr. Fotohi said, “Addressing these sites cannot be a years-long effort before we even dig a shovel into the dirt. That’s what we’re really focused on.”
Presumptive Remedies
From the Bloomberg article, “One approach President Donald Trump’s EPA is working on is deploying more presumptive remedies—cleanup plans at sites with well-known characteristics, such as former dry cleaners, Fotouhi said. In many cases, the EPA has enough experience about the typical problems at such sites that it can leap into action quickly.”
Bloomberg also pointed to some promising results. “In the second Trump administration’s first three and a half months, the EPA cleaned up 701,803 cubic yards of contaminated soil and water and extracted $284.4 million from responsible parties, according to the agency. That compares to 64,124 cubic yards and $235.9 million in the same time period the previous year.”
Getting Superfund sites cleaned up and, where possible, back into productive use would certainly be welcomed by communities who have struggled with these sites.
A New Emerging Contaminant
On September 17, 2025, the EPA published a Draft Risk Evaluation under the Toxic Substances Control Act for Octamethylcyclotetrasiloxane (D4). The Chemical Abstracts Service Registry Number for D4 is 556-67-2.
According to the EPA, the agency has used the best available science to prepare this draft risk evaluation and, based on the weight of scientific evidence, to preliminarily determine that D4 poses an unreasonable risk to human health and/or the environment.
The commercial uses for D4 include (but are not limited to) adhesives and sealants, automotive care products, paints and coatings, and other plastic and rubber products. D4 is also used as an ingredient in consumer products, including cosmetics, medical devices, and food contact materials (image purchased from Shutterstock).
Where is D4 Used?
D4 is a colorless, volatile, oily liquid primarily used to make silicone chemicals. The commercial uses for D4 include (but are not limited to) adhesives and sealants, automotive care products, paints and coatings, and other plastic and rubber products. D4 is also used as an ingredient in consumer products such as cosmetics, medical devices, and food contact materials.
D4 is not reported to the Toxics Release Inventory, National Emission Inventory, or to the Discharge Monitoring Report system. However, the EPA announcement states that D4 is found in various environmental media, including air, water, sediment, soil, and biota.
To our knowledge, there are no lawsuits associated with D4 (yet), but as the risk evaluation progresses, those industries that use D4 will want to monitor the developments.
The comment period ends on November 17, 2025.
Environmental Advice
Dragun Corporation has assisted the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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