ENVIRONMENT
Are You a Potentially Responsible P
Curiosity Rises on Superfund Exposure
By Larry Feld Contributing editor , COMMERCE
In the environmental industry , being a potentially responsible party is much different from say , being a responsible dog owner or a stand-up dad . To be honest , being a potentially responsible party is a label no one really wants to own . Potentially Responsible Parties ( PRPs ) are defined by the Environmental Protection Agency under the Comprehensive Environmental Response , Compensation , and Liability Act ( CERCLA ) created in 1980 , commonly referred to as Superfund . CERCLA has two core missions ; to remove hazardous materials from contaminated properties and waterways , and find responsible parties to pay for all or part of the costs of remediation . Of course , states like New Jersey have their own rules and regulations , but they all look to CERCLA for guidance .
As a business or property owner in the state , you may never have considered that you may become a responsible party under CERCLA , but it could happen . As new Superfund sites get added to the National Priorities List and new chemicals are added to the EPA ’ s list of 800 hazardous materials , properties that may have previously been considered “ clean ” might now ( or in the future ) be classified as in need of remediation .
Two examples of potential threats have earned media attention in recent months . First and foremost , the recent designation of the lower portion of the Hackensack River as a Superfund project is raising eyebrows among businesses , property owners , and leaseholders , as well as developers and real estate brokers who are sincerely concerned about the economic impact and uncertainty regarding clean-up efforts .
Another matter posing a serious economic threat to businesses and municipalities is the EPA ’ s August 2022 announcement that perfluorooctanoic acid ( PFOA ) and perfluorooctanesulfonic acid ( PFOS ) are being added to the CERCLA list of hazardous substances . Once widely used in everything from packaging microwave popcorn to non-stick cookware , these chemicals have no safe levels for consumption . They are difficult to measure and are nearly impossible to safely process . According to the EPA , exposure to PFOS and PFOA may lead to cancer , reproductive , developmental , cardiovascular , liver , and immunological effects . By adding PFOS / PFOA to the hazardous chemical list , properties that have these chemicals ( even formerly remediated properties ) may be required to endure a costly remediation process . The early news on PFOS / PFOA relates to the urgent need to reduce / eliminate these chemicals from drinking water sources . More is unknown than known at this time as to how this will impact general industry .
If a site makes it onto the Superfund list , the cost burden for remediation is shared by the EPA and whomever they identify as a responsible party .
How Do You Know You Are a Responsible Party ?
Businesses and landowners along the Hackensack should be cautiously curious about their potential liability as the EPA advances its clean-up process . The government defines potentially responsible parties ( PRPs ) in three categories :
◾ The current Owner / Operator of a facility where there is a release or threat of release of a hazardous substance
◾ A past owner / operator of a facility at the time of disposal of hazardous substances
Superfund site located on the site of the former Universal Oil Products in East Rutherford , NJ
16 COMMERCE www . commercemagnj . com