Superfund: Getting Involved

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Consistent with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund") cleanup process, the Agency also often provides opportunities for communities
to become involved in the CERCLA enforcement process. These include seeking public comment on the proposed terms of settlement agreements with potentially responsible parties (PRPs) and on the draft
technical documents that PRPs generate in complying with orders or settlement agreements.

Proposed Terms of Settlement Agreements with PRPs

For many types of Superfund settlements, EPA seeks public input on the proposed terms of the settlement agreement it has negotiated with the PRPs before finalizing the agreement. The Agency publishes a notice of such proposed settlements in the Federal Register, generally requesting comments from the public within 30 days. EPA also sometimes sends notices to community members who have registered for a mailing list for a particular site and/or discusses the agreement at a public meeting convened to provide an update on the status of cleanup progress. EPA invites comments from the public. It reviews all comments received and decides whether they present any facts or considerations that would justify modifying the proposed settlement or withdrawing it entirely and resuming negotiations anew.

Technical documents drafted by PRPs

In recent years, EPA has sometimes provided the public with opportunities to review (concurrent with EPA's review) draft technical documents submitted by PRPs. For example, a PRP might agree in a settlement to prepare a Remedial Design for the cleanup that is to be implemented at a site. Such a settlement will ordinarily call for the PRP to submit a draft workplan for the design to EPA for review and comment. The Agency sometimes allows the public to review the PRP-drafted workplan concurrently with EPA. The Agency then reviews any comments received from the public and decides whether the PRP needs to revise its draft in order to address the public comments.

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