EPA Renews Focus on Superfund Enforcement and Cleanup Efficiency

On June 3, 2026, the U.S. Environmental Protection Agency (EPA) announced a new Superfund Solutions Initiative (Initiative), as well as two proposed rules to amend its regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both the Initiative and the proposed rule changes are intended to streamline the Superfund process and accelerate the cleanup of contaminated sites nationwide, including those listed on the Superfund National Priorities List (NPL). Although the Superfund program is a priority for the Trump Administration, questions remain about whether the Initiative's stated objectives can be accomplished.

The Initiative and proposed amendments to EPA's rules have several important implications for companies that are, or may become, potentially responsible parties at contaminated sites.

What These Changes Mean for Companies

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 potentially responsible parties (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.

EPA's emphasis on using removal authorities earlier in the cleanup process may also lead to increased short‑term response actions before completion of full remedial studies. In practice, this could result in earlier demands for responsible party participation in response activities or earlier cost recovery efforts by the government. Companies that become involved in removal actions may wish to evaluate whether participation in those efforts could affect the scope and cost of response work.

The agency's plan to evaluate cleanup options across CERCLA, the Resource Conservation and Recovery Act (RCRA), and brownfields authorities at the same time may also create more integrated oversight for facilities with complex regulatory histories. Companies operating facilities subject to RCRA corrective action or state cleanup programs should be aware that EPA may consider those obligations alongside potential Superfund actions when determining cleanup approaches.

Finally, the Initiative's focus on updated risk assessment practices and emerging remediation technologies, including those addressing contaminants such as PFAS, may influence remedy selection and long‑term cleanup costs at some sites. Companies involved in ongoing or anticipated remediation projects should monitor how EPA applies these updated scientific approaches, as they may affect cleanup standards, remedy feasibility analyses, and the overall scope of remediation obligations.

Despite the agency's efforts to expedite Superfund cleanups, it remains to be seen whether EPA will be able to fully realize the Initiative's objectives in practice. Reductions in staffing at both EPA and the U.S. Department of Justice, which plays a crucial role in CERCLA enforcement, may affect the pace at which the Initiative can be implemented.

We will continue to monitor developments under the Superfund Solutions Initiative and are available to discuss the implications for your specific operations and sites.

For additional background on EPA's announcement, the following summarizes the key components of the Initiative and proposed rule changes.

Superfund Solutions Initiative

CERCLA is the federal statute that establishes EPA's authority to investigate and respond to releases of hazardous substances and oversee the investigation and cleanup of contaminated sites. This includes the 1,340 contaminated sites currently listed on the NPL, EPA's roster of the nation's priority contaminated sites. The agency reports that since January 2025 it has completed more than 290 cleanups, selected 30 cleanup remedies, updated 59 cleanup plans, and removed more than 59 million cubic yards of contaminated soil and water. To accomplish its goal of streamlining the processes under CERCLA, EPA is focused on three primary areas of reform:

• "Enhance Project Management." The agency intends to expedite investigations at more than 500 Superfund sites to move more quickly from the evaluation phase into the cleanup phase, increase targeted environmental sampling and timely inspections, and accelerate the development of remedial investigations, feasibility studies, and records of decision. As part of the Initiative, EPA also plans to adopt new project management tools to increase collaboration with federal, state, and local partners as well as provide communities with real-time information as the cleanups progress.
• "Deploy Tools and Authorities Earlier." EPA plans to evaluate cleanup options under its Superfund, RCRA hazardous waste cleanup program, and the Brownfields program authorities in parallel, rather than through separate processes. The Initiative also promotes the use of short‑term removal actions to address immediate risks while longer-term remediation strategies are developed. In addition, EPA plans to expand collaboration with state and local governments through training, cooperative agreements, and standardized cleanup approaches.
• "Apply Smarter Science for Smarter Outcomes." This includes aligning risk assessment practices with current scientific standards to address site-specific risks while anticipating the community's future use of the site, using a single target blood lead level for residential lead cleanup decisions, and adopting new treatment technologies for contaminants such as PFAS. EPA also plans to evaluate opportunities for recovering critical minerals from legacy mining sites where appropriate, to create additional economic value during remediation.

Collectively, these reforms are intended to reduce delays in the Superfund process and move contaminated sites more quickly toward remediation and reuse.

Proposed Rule Changes

In addition to proposing its new Initiative, EPA has also proposed amendments to two rules aimed at streamlining certain aspects of the Superfund process, including:

• Proposed Rule to Amend the Administrative Hearing Procedures for Claims Against the Hazardous Substance Superfund. EPA proposes one targeted revision to 40 C.F.R. Part 305, which governs administrative hearings for claims for eligible response costs incurred in carrying out the National Oil and Hazardous Substances Pollution Contingency Plan. The proposal would revise § 305.31(a) by removing language allowing exclusion of evidence with "little probative value," aligning the rule more closely with the Federal Rules of Evidence and simplifying the evidentiary standard.
• Proposed Rule to Rescind Regulations for Arbitration Requirements and Procedures for Small Superfund Cost Recovery Claims. EPA has proposed rescinding 40 C.F.R. Part 304, which establishes arbitration procedures for certain small Superfund cost recovery claims brought by the United States under CERCLA § 107(a) when response costs do not exceed $500,000. The regulations were originally adopted under CERCLA § 122(h)(2), which permits—but does not require—agencies to create arbitration procedures for settling such claims. EPA now considers the rules unnecessary because the arbitration process appears to have been rarely, if ever, used and adds complexity to the federal regulatory framework. The agency believes eliminating Part 304 will simplify the regulations without limiting its ability to resolve cost recovery claims through litigation or negotiated settlements. The agency is currently seeking public comment on the proposal.

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Madeline Marcellino is an associate in the firm's Portland office, Nick Wegley is an associate in DWT's Bellevue office, and Lynn Manolopoulos is a partner in our Bellevue and Anchorage offices. For questions or more insights, please reach out to Nick, Maddie, Lynn, or another member of our environmental team and sign up for our alerts.