PCBs are a designated hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both section 311(b) and 307(a) of the Clean Water Act, and section 112 of the Clean Air Act are statutory sources for the designation of PCBs as hazardous substances under CERCLA. Pursuant to CERCLA, the owners and operators of facilities with PCBs, in amounts exceeding a specified threshold, are required to annually report releases of PCBs and to immediately report these releases if the amount exceeds the reportable quantity. In response to a request from the Massachusetts Department of Environmental Protection, the Environmental Protection Agency (EPA) formally proposed to add a 3.7 mile stretch of the Lower Neponset River to the National Priorities List (NPL) in September of 2021.
On Wednesday, March 16, 2022, EPA published a final rule, adding the Lower Neponset River to the NPL. The removal of the Baker Dam (as well as the Tileston & Hollingsworth Dam seven miles upstream), and remediation of the contaminated sediment would open 17 miles of historic spawning runs of herring and shad. In addition to restoring fish passage and river flow, this project would reduce flood risk and restore the river channel to a more natural shape and flow, thereby enhancing wildlife, aesthetics, and recreation.
In addition to protecting public health and restoring the environment, Superfund cleanups support positive economic and social outcomes in communities. The Biden administration has prioritized environmental justice (EJ), and the EPA has worked to include EJ in its programs. CERCLA is no outlier; 72 programs by EPA were initially determined as covered by the initiative with Superfund being one of the six pilot programs. The Superfund Redevelopment Initiative (SRI) is a key feature of addressing environmental justice concerns. While cleaning up contamination to levels that pose no risk to human health or the environment is certainly beneficial, redevelopment and reuse of a site utilizes a valuable resource, land. Superfund sites, after cleanup efforts have been completed, have been redeveloped for a wide range of purposes: housing, retail, park/green space.
Deborah Szaro, EPA New England acting regional administrator said, "by proposing to add the Lower Neponset River site to Superfund, EPA is taking concrete steps to address a legacy of contamination in this urban river that will lead to a cleaner and healthier environment for nearby citizens." EJ has been a concern for the communities surrounding the Lower Neponset River site, such as Mattapan. These same communities, which have been heavily affected by climate change, could have the redeveloped Lower Neponset River site as a natural space, or other resource. In addition to ecological benefits, a restored Lower Neponset River would serve as a recreational and environmental resource for nearby communities with environmental justice concerns.