The United States Environmental Protection Agency (“EPA”) has significant responsibilities under CERCLA and RCRA to review and approve remedial actions that are protective of human health and the environment. The EPA’s remedial strategies and guidance under these two statutes essentially have merged, despite the statutory differences, and in all cases recognize risk-based cleanups and the important role of LUCs and ECs. While CERCLA provides the EPA with the authority to accept an interest in property as a means to assure the long-term integrity of LUCs and ECs, RCRA does not. Nevertheless, the EPA often seeks to rely on the responsible party, states or other third parties to assume responsibility for the long-term maintenance of LUCs and ECs included as part of an approved remediation plan under both statutes. The EPA has expressed concern about the sustainability of LUCs and ECs over time, including the need for both financial assurance and performance to retain the requisite degree of protectiveness expected from remedies approved by the EPA.

The Guardian Trust is well-suited to provide assurances to states, the EPA and the public that required LUCs and ECs will be properly maintained. The full scope of services offered by The Guardian Trust inspires confidence that risk-based remedies will remain protective of human health and the environment well into the future.