U.S. EPA Administrator Gina McCarthy signed the rulemaking to add Subsurface Intrusion (i.e., vapor intrusion and contaminated groundwater intrusion) to the Superfund Hazard Ranking System on Dec. 7, 2016. EPA issued a statement that it does not intend to systematically re-evaluate previously scored sites, but there is nothing to preclude the re-scoring of such sites to be eligible for the Superfund National Priorities List. Here are the links for the Federal Register Pre-Publication Notice, Frequently Asked Questions, and the Interim Subsurface Intrusion SCDM Values for Eligible Substances Table.

I fully expect EPA to continue to push new regulations before the Trump-Pence Administration takes office. However, on his first day in office as Governor, Mike Pence issued a “Regulatory Memorandum” ordering that all agencies suspend rulemaking action on any proposed rules for which a notice of intent to adopt a rule or other notice was not properly published before his first day as Governor. Executive Order 13-03. The purpose of the administrative-rulemaking moratorium was to “reduc[e] the regulatory burden [and] promote citizens’ freedom to engage in individual, family, and business pursuits [and] permit [the Office of Management and Budget] to devote resources to a comprehensive evaluation and rigorous cost benefit analysis of existing administrative rules.” It’s fair to expect that President Trump will issue a similar regulatory moratorium, especially given his announcement of Oklahoma Attorney General E. Scott Pruitt to lead EPA. Attorney General Pruitt is nationally well-known for what he has described as fighting EPA’s “leadership’s activist agenda and refusal to follow the law.”