EPA Updates Superfund Claim Hearing Rules
Published Date: 6/3/2026
Proposed Rule
Summary
The EPA is updating the rules for how people and companies can have hearings when they make claims against the Hazardous Substance Superfund, which cleans up dangerous pollution. These changes aim to make the process clearer and fairer for everyone involved. If you want to share your thoughts, you need to comment by August 3, 2026, so don’t miss the deadline!
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
More Evidence Admissible in Superfund Hearings
If you file a claim for eligible response costs under the Superfund (CERCLA), the EPA proposes to remove the phrase "of little probative value" from 40 CFR 305.31(a). Under the proposed change, the Presiding Officer would admit all evidence that is not "irrelevant, immaterial, unduly repetitious, or otherwise unreliable," while still excluding evidence barred by Federal Rule 408. The rule also retains procedures for handling confidential business information, including in-camera review and preparation of supplemental orders when necessary.
Regulatory Burden Reduced for Regulated Parties
EPA states the proposed amendment will simplify the Code of Federal Regulations by removing unnecessary regulatory text, which the agency says will reduce overall burden for regulated entities that use the CFR. The agency certifies under the Regulatory Flexibility Act that the rule will not have a significant economic impact on a substantial number of small entities and concludes the action will relieve regulatory burden for directly regulated small entities.
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Key Dates
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