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