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

On 1 September 2020, the United States Environmental Protection Agency (EPA) announced the addition of six sites to the Superfund National Priorities List (NPL).¹

EPA has determined that releases of contamination at these sites pose risks to human health and the environment, and is taking action accordingly. EPA also announced the proposed addition of four sites to the NPL, which are currently open for public comment. 

The following sites are being added to the NPL:

• Blades Groundwater Plume in Blades, DE²
• Clearwater Finishing in Clearwater, S.C.³
• Highway 100 and County Road 3 Groundwater Plume in St. Louis Park and Edina, MN⁴
• Henryetta Iron and Metal in Henryetta, OK⁵
• Caney Residential Yards in Caney, KS⁶
• Orange County North Basin in Orange County, CA⁷

For these sites which have been newly listed on the NPL, EPA will likely issue potentially responsible party (PRPs) 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, and are currently open for public comment:

• Cherokee Zinc – Weir Smelter in Weir, KS⁸
• Billings PCE in Billings, MO⁹
• Pioneer Metal Finishing Inc in Franklinville, NJ¹⁰
• Northwest Odessa Groundwater in Odessa, TX¹¹

For these sites, 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 to develop a strategy, path forward, and response. Our team of legal and policy professionals with substantive experience and knowledge of the legal, policy and regulatory process is well-positioned to help companies navigate this complex and nuanced Superfund landscape.