Proposed Rule2026-11052
Rescinding the Regulations for Arbitration Requirements and Procedures for Small Superfund Cost Recovery Claims
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 3, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Environmental Protection Agency (EPA) is proposing to rescind regulations establishing arbitration procedures for small cost recovery claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA is proposing this rescission to simplify the body of Federal regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 106 (Wednesday, June 3, 2026)</title>
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[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Proposed Rules]
[Pages 33133-33135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11052]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 304
[EPA-HQ-OLEM-2026-2047; FRL-13112-01-OLEM]
RIN 2050-AH48
Rescinding the Regulations for Arbitration Requirements and
Procedures for Small Superfund Cost Recovery Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Environmental Protection Agency (EPA) is proposing to rescind
regulations establishing arbitration procedures for small cost recovery
claims arising under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). EPA is proposing this
rescission to simplify the body of Federal regulations.
DATES: Comments must be received on or before August 3, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2026-2047, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management, Docket, Mail Code
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
FOR FURTHER INFORMATION CONTACT: Scott Mansfield, Office of Land and
Emergency Management, Mail Code 5305T, Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460, telephone number:
(202) 566-0174, email address: <a href="/cdn-cgi/l/email-protection#dcb1bdb2afbab5b9b0b8f2afbfb3a8a89cb9acbdf2bbb3aa"><span class="__cf_email__" data-cfemail="85e8e4ebf6e3ece0e9e1abf6e6eaf1f1c5e0f5e4abe2eaf3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2026-
2047, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the
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docket. EPA may publish any comment received to its public docket. Do
not submit to EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system).
Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for
additional submission methods; the full EPA public comment policy;
information about CBI, PBI, or multimedia submissions; and general
guidance on making effective comments.
II. General Information
A. Does this action apply to me?
This action may affect individuals, corporations, or municipalities
that are currently engaged in Small Superfund Cost Recovery Claims
arbitration proceedings or may engage in those proceedings in the
future.
B. What action is the agency taking?
Environmental Protection Agency (EPA) is proposing to rescind all
of the regulations found in part 304 (``Arbitration Procedures for
Small Superfund Cost Recovery Claims'') of subchapter J (``Superfund,
Emergency Planning, and Community Right-to-Know Programs'') of chapter
I of title 40 of the CFR. Section 107(a) of CERCLA establishes
liability for certain response costs associated with hazardous
substances and the release thereof, see 42 U.S.C. 9607, and section
122(h)(2) of CERCLA establishes that arbitration may be used as a
method of settling such claims brought by the United States where the
total response costs do not exceed $500,000 (excluding interest), see
42 U.S.C. 9622(h)(2). To that end, section 122(h)(2) of CERCLA provides
that department and agency heads ``may establish and publish
regulations for the use of arbitration or settlement'' ``[a]fter
consultation with the Attorney General.'' Id. 40 CFR part 304 contains
the regulations that EPA promulgated to establish procedures for the
arbitration of section 107(a) cost recovery claims brought by EPA. See
40 CFR 304.10; 40 CFR 304.11. For example, part 304 establishes
specific processes for, among other things, the referral of claims to
arbitration, see 40 CFR 304.21; the appointment of an arbitrator, see
40 CFR 304.22; and intervention in and withdrawal from arbitration, see
40 CFR 304.24. Part 304 also sets forth specific requirements and
procedures related to arbitral pleadings, pre-hearing conferences,
hearings, and decisions. See 40 CFR 304.30-304.33. EPA now finds part
304 to be unnecessary.
Arbitration was intended to be an alternative dispute resolution
technique for reaching settlements with individuals, corporations, or
municipalities in appropriate small cost recovery cases. However EPA is
not aware of the last time the process was used or if it has been used
at all. In addition to the questionable utility of the alternative
process given its lack of use, if that process were ever used in the
future, the Agency could be in the position of using an unpracticed
method, which may require shifting and/or reallocating limited agency
resources. In the original proposed and final rulemakings for part 304,
EPA explained that ``arbitration is an alternative dispute resolution
technique that should provide a quicker and less costly method or
resolution than traditional litigation or negotiation.'' 53 FR 29428,
54 FR 23179. The absence of parties that have used arbitration pursuant
to part 304 could indicate that it is not as quick and simple of a
process as we originally thought. EPA is soliciting comments on this
interpretation. Additionally, no statute requires EPA to establish an
extensive framework governing arbitration; instead, EPA exercised its
discretionary authority and opted to promulgate such regulations as
permitted by section 122(h)(2) of CERCLA. See 42 U.S.C. 9622(h)(2).
Moreover, part 304 introduces a significant amount of complexity to the
body of Federal regulations, as it establishes specific and somewhat
complicated requirements and processes for the arbitration of a
particular subset of section 107(a) cost recovery claims brought by
EPA.
EPA is therefore proposing to rescind part 304 in its entirety to
simplify the body of Federal regulations. EPA seeks comments on this
proposed action.
C. What is the agency's authority for taking this action?
The authority to propose this rule is found in sections 107 and 122
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments
and Reauthorization Act of 1986 (42 U.S.C. 9607 and 9622).
D. What are the costs and benefits of this action?
By eliminating an unused method of dispute resolution and removing
unnecessary regulatory text, this action will reduce complexity for
regulated entities engaging with the federal government.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. The proposed rule is expected to provide burden reduction by
simplifying the body of Federal regulations.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action does not contain any information collection
activities.
D. The Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. This proposed rule is a deregulatory action and does not add any
additional burden. We have therefore concluded that this action will
relieve regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action will impose no
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enforceable duty on any state, local or Tribal governments or the
private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it does
not have substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may dispropor-tionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply. This action is proposing to
rescind regulations establishing arbitration procedures for small cost
recovery claims. There are no children's health considerations for this
action.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action does not involve technical standards.
List of Subjects in 40 CFR Part 304
Environmental protection, Claims, Superfund.
Lee Zeldin,
Administrator.
PART 304--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble, and under the authority of
42 U.S.C. 9607(a) and 9622 (h)(2), Executive Order No. 12580, 52 FR
2923 (January 29, 1987), EPA proposes to remove and reserve 40 CFR part
304.
[FR Doc. 2026-11052 Filed 6-2-26; 8:45 am]
BILLING CODE 6560-50-P
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