40 CFR 300.430 - Remedial investigation/feasibility study and selection of remedy

Cite as40 CFR 300.430
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203 practice notes
158 cases
  • General Electric Company v. Whitman, Civil Action No. 00-2855 (JDB) (D. D.C. 3/31/2003), Civil Action No. 00-2855 (JDB).
    • United States
    • U.S. District Court — District of Columbia
    • March 31, 2003
    ...site cleanup and abatement, information is obtained, data gathered, remediation investigated, and alternative options considered. See 40 C.F.R. § 300.430, 300.5. Moreover, before EPA selects a remedy, the public, the community, neighbors, interested parties, and all PRPs have several opport......
  • Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., D070771
    • United States
    • California Court of Appeals
    • June 1, 2017
    ...information concerning the remedial action options can be presented to a decision-maker and an appropriate remedy selected." (40 C.F.R. § 300.430(e)(1).)219 Cal.Rptr.3d 496The draft focused feasibility study prepared for the District discussed in detail the four alternatives and assessed th......
  • United States v. Montrose Chem. Corp. of California, Civil No. CV 90 3122-R
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • August 22, 2012
    ...in 1986. In 1998, EPA took over the Montrose investigation and completed a Remedial Investigation Report in May 1998, pursuant to 40 C.F.R. § 300.430; and Shell Oil Company ("Shell") issued a separate Remedial Investigation Report for the Del Amo Study Area the same month. EPA had already a......
  • City of Colton v. Am. Promotional Events, Inc., CASE NO. ED CV 09-01864 PSG (SSx)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • July 2, 2013
    ...on January 15, 2009, a Remedial Investigation ("RI") and Feasibility Study ("FS") for the B.F. Goodrich Superfund Site pursuant to 40 C.F.R. § 300.430. At that time, the Locust Avenue Superfund Site was known as the B.F. Goodrich Superfund Site. EPA shall propose a rulemaking in spring 2013......
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6 firm's commentaries
  • CERCLA Settlement Considerations
    • United States
    • Mondaq United States
    • March 5, 2012
    ...completion of the RI/FS, EPA makes the preliminary identification of the appropriate site remedy in its Record of Decision (ROD). 40 C.F.R. §300.430. Even when PRPs make a settlement offer within 60 days, EPA is authorized to begin negotiations only if the offer comes from a sufficient numb......
  • EPA Releases Draft Recommended Preliminary Remediation Goals For Dioxin In Soil And CERCLA And RCRA Sites
    • United States
    • Mondaq United States
    • February 4, 2010
    ...based on the remedial investigation and feasibility study and final cleanup levels are established when a remedy is selected. 40 CFR 300.430(e)(2)(i). In the case of dioxin, however, in 1998 EPA's Office of Solid Waste and Emergency Response (OSWER) established a uniform national PRG of 1 p......
  • Environmental Notes - May 2017
    • United States
    • JD Supra United States
    • May 17, 2017
    ...remedial action objectives specifying contaminants and media of concern, potential exposure pathways, and remediation goals.” 40 CFR 300.430 (e)(2)(i). The New Sediment Guidance says remedial action objectives (RAOs) must also provide “timeframes for achieving the [RAO]” and conditions expe......
  • EPA Issues New Contaminated Sediments Guidance
    • United States
    • JD Supra United States
    • May 17, 2017
    ...remedial action objectives specifying contaminants and media of concern, potential exposure pathways, and remediation goals.” 40 CFR 300.430 (e)(2)(i). The New Sediment Guidance says remedial action objectives (RAOs) must also provide “timeframes for achieving the [RAO]” and conditions expe......
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6 books & journal articles
  • Appendix 19 Revised Model Administrative Order on Consent for Remedial Investigation and Feasibility Study
    • United States
    • Superfund Deskbook Useful Documents
    • August 11, 2014
    ...address the factors required to be taken into account by Section 121 of CERCLA, 42 U.S.C. § 9621, and Section 300.430(e) of the NCP, 40 C.F.R. § 300.430(e). Upon request by EPA, Respondents shall submit in electronic form all portions of any plan, report or other deliverable Respondents are......
  • The Site Cleanup Processes
    • United States
    • Superfund Deskbook -
    • August 11, 2014
    ...283, 293–94 (E.D. Pa. 1990). 22. See 42 U.S.C. §9605(a)(8)(B); 40 C.F.R. §300.425 app. A (Hazard Ranking System), app. B (NPL). 23. See 40 C.F.R. §300.430. 24. See id. §300.600. 25. See 42 U.S.C. §9607(f). 26. Id. §9607(a)(4)(A). 27. Id. §9607(a)(4)(B). 28. See United States v. Ne. Pharm. &......
  • The Supreme Court Opens a Door in ARCO v. Christian, Part One
    • United States
    • Environmental Law Reporter Nbr. 51-3, March 2021
    • March 1, 2021
    ...performed as part of the CERCLA remedy selection process; the factors are listed in CERCLA (e.g., §121(b)) and incorporated into 40 C.F.R. §300.430(e)(9). As discussed further below, a cleanup carried out pursuant to a more stringent state law might not be required to consider these factors......
  • The Supreme Court Opens a Door in ARCO v. Christian, Part Two
    • United States
    • Environmental Law Reporter Nbr. 51-4, April 2021
    • April 1, 2021
    ...authority to enter into set- for evaluating alternatives prior to publishing the Agency’s preferred alternative in a proposed plan. 40 C.F.R. §300.430(e)(9) (2020). Enforcement and settlement considerations (including a PRP’s willingness to enter into a settlement) are not included as statu......
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