For decades, there has been universal frustration over the time it takes to close Superfund sites. Delays are attributed to funding, the bureaucratic and prescriptive process of Superfund, and the legal battles that are often associated with determining liability under Superfund. Recently, the Environmental Protection Agency (EPA) announced a new approach addressing Superfund Sites.
Superfund Success Under Trump’s First Term
Under the first term of President Trump, closing Superfund sites was also a priority. In our November 2, 2020, blog, we included a reference to an article by Politico, “The One Incredibly Green Thing Donald Trump Has Done.” That article compared Superfund site closure under recent Presidential Administrations to Trump’s record. Politico pointed out that, under Trump, officials deleted 7 sites from the Superfund list in 2017, 22 in 2018, and 27 in 2019. 2019 is the highest single-year total since 2001.
Will this most recent effort to modify Superfund lead to similar results, and will this initiative put pressure on potentially responsible parties (PRPs) to quickly respond to requests from the EPA?
On June 3, 2026, the EPA announced a new “forward-looking Superfund Solutions Initiative to accelerate cleanups of more than 1,340 Superfund sites (Image purchased on Shutterstock).
EPA’s Forward-Looking Superfund Solutions
On June 3, 2026, the EPA announced a new “forward-looking Superfund Solutions Initiative to accelerate cleanups of more than 1,340 Superfund sites on the Superfund National Priorities List (NPL).” The EPA states that through this “long-term initiative, EPA will roll out key, gold-standard of science investments to cut red tape, make swift clean-up decisions, modernize tools, and increase cooperative federalism to deliver maximum human health and environmental protections.”
According to the announcement, the Superfund program is focusing its efforts on improving the following three areas:
- Enhance Project Management
- Deploy Tools and Authorities Earlier
- Apply Smarter Science for Smarter Outcomes
The announcement also states, “With EPA applying innovative project management tools more frequently, communities will be able to see results in real time as the cleanup progresses. EPA will also use these tools to increase collaboration with its federal, state, and Tribal partners to support their ability to intervene sooner to address contamination. These tools will help EPA streamline decision-making at every step of the process, which can shorten negotiations and lead to faster cleanups, increased cost savings, more efficient project management, and healthier communities.”
Law Firm Commentaries on Superfund Changes
From Hunton, “Many of the themes emphasized in the initiative are familiar ones. Accelerating investigations, shortening the path to remedy selection, encouraging earlier actions, promoting redevelopment, and increasing state involvement resemble priorities advanced by the first Trump Administration’s Superfund Task Force. That effort, launched in 2017, produced 42 detailed recommendations aimed at expediting cleanups, reinvigorating responsible party performance, incentivizing private party investments, promoting redevelopment and reuse, and strengthening partnerships with states and local communities.”
Beverage and Diamond provided the following in a recent blog post: “While it does not create any new legal obligations or change CERCLA’s liability scheme, it could compress timelines that often take many years. EPA has already begun emphasizing heightened urgency in some Regions, so PRPs should consider how accelerated deadlines may impact their planning and decision-making at a site.”
Davis, Wright, and Tremaine wrote the following: “EPA’s announcement makes clear that the agency is prioritizing efforts to improve the Superfund program and accelerate the cleanup of contaminated sites.”
“For companies that may be PRPs at contaminated sites, EPA’s Initiative signals that the agency intends to move Superfund investigations and remedy selection forward more efficiently and with earlier use of available authorities. If implemented as described, these changes could affect the timing of EPA information requests, negotiations with the agency, and coordination among PRPs. Companies associated with NPL sites should ensure that historical site information, environmental records, and technical consultants are readily available to respond to agency requests” (emphasis added).
PFAS and Superfund
And complicating matters further is the addition of two per- and polyfluoroalkyl substances (PFAS) as CERCLA hazardous substances (perfluorooctanoic acid or PFOA and Perfluorooctanesulfonic acid or PFOS). PFAS have been a lightning rod issue and could mean additional pressure to address sites more quickly.
If these changes to Superfund move forward as planned, PRPs will need to be ready to respond promptly to EPA requests.
If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. He holds 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 and has written hundreds of blogs and articles. His published work appears in 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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