EPA Wants to End Mandatory Arbitration for Small Superfund Claims
Published Date: 6/3/2026
Proposed Rule
Summary
The EPA wants to get rid of the rules that require small Superfund cost recovery claims to go through arbitration. This change affects businesses and parties involved in these small claims by making the process simpler and less formal. Comments on this proposal are open until August 3, 2026, and it could save time and money by cutting red tape.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Arbitration Option Removed for Small Superfund Claims
EPA proposes to remove the rules in 40 CFR part 304 that set up arbitration for small Superfund cost recovery claims. The arbitration rules apply to CERCLA section 107(a) claims where total response costs do not exceed $500,000 (excluding interest), and this change may affect individuals, corporations, or municipalities involved in those claims.
Regulatory Burden Relief for Small Entities
EPA says rescinding the arbitration regulations will reduce regulatory complexity and relieve burden for directly regulated small entities. The agency certifies this deregulatory action will not have a significant economic impact on a substantial number of small entities and is expected to save time and money by cutting red tape.
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Key Dates
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