The 1990 National Contingency Plan—More Detail and More Structure, But Still a Balancing Act

June 1990
Citation:
20
ELR 10222
Issue
6
Author
Lawrence E. Starfield

Editors' Summary: The 1986 Superfund Amendments required EPA to make substantial changes in the national contingency plan, EPA's principal rulemaking under the Superfund program. Congress imposed potentially conflicting mandates on EPA, such as requirements to maximize treatment and to ensure cost-effective remedies. EPA's proposed NCP revisions, issued in December 1988, were analyzed in ELR's March 1989 issue by the EPA attorney who played a principal role in drafting the proposed revisions. In this Article, the final NCP revisions, which took effect on April 9, 1990, are analyzed by the EPA attorney primarily responsible for the legal issues in the final rule. The rule and preamble, which together cover 200 pages in the Federal Register, include EPA's response to the 1986 amendments and revisions that reflect EPA's experience with the first decade of Superfund. The author provides an overview of the framework of the final NCP, analyzes the major issues addressed by the final rule, and discusses the prinicipal changes from the 1988 proposed rule. The author observes that the true test of the NCP's success will be in the field, and that Congress should give the new regulatory framework some time to be implemented before imposing another set of mandates and deadlines.

Mr. Starfield is an attorney-adviser in the U.S. Environmental Protection Agency's Office of General Counsel. He has worked on Superfund issues at EPA since 1987, and in the private sector from 1981-87. He is the attorney principally responsible for legal issues in the National Contingency Plan's 1990 revisions, which are the subject of this Article. The views expressed are those of the author and do not necessarily represent the views of the U.S. Environmental Protection Agency. —

You must be an ELR-The Environmental Law Reporter subscriber to download the full article.

You are not logged in. To access this content:

The 1990 National Contingency Plan—More Detail and More Structure, But Still a Balancing Act

SKU: article-25781 Price: $50.00