Sally Mozley Dalzell

With over thirty years of EPA enforcement experience covering nearly every federal environmental statute, as well as a one-year fellowship on Capitol Hill advising the Senate Environment and Public Works Committee, Sally Mozley Dalzell is recognized as a national expert in Superfund and is a sought-after advisor on federal environmental enforcement policy and implementation. Throughout her career, Sally has worked with a wide variety of stakeholders with differing viewpoints, earning a reputation for fairness and demonstrating a willingness to challenge agency orthodoxy.

Throughout her tenure, Sally advised EPA’s political leaders and senior managers on complex matters of public importance. Examples include:

• Closure of Red Hill Fuel Storage Tanks in Hawaii. While safeguarding Honolulu’s sole source drinking water aquifer, Sally co-led the drafting and negotiation of a Resource Conservation and Recovery Act (RCRA) 7003/Safe Drinking Water Act (SDWA) 1431 consent order for the closure of massive storage tanks, safely draining 104 million gallons of fuel.
• Protective Restoration of Electric Power for Puerto Rico. Ensured through a Clean Air Act (CAA) compliance agreement that the Federal Emergency Management Agency reduced pollutants while restoring Puerto Rico’s electric power following a damaging hurricane.
• EPA Administrator Decisions Resolving CERCLA Federal Agency Disputes. Advised several EPA administrators on resolving disagreements regarding ARARs, drinking water standards, radionuclides, missed deadlines, remedy selection, and institutional controls.
• Legal Interagency Disputes at the Department of Justice. Developed strategies and legal positions on federal interagency legal disputes for successful resolution by the Department of Justice’s Office of Legal Counsel. Legal disagreements included EPA’s CAA, underground storage tank, and cost recovery authority, the scope of RCRA 7003, and the National Priorities List listing.
• Forest Service Aerial Spraying to Reduce Wildfires. Negotiated a Clean Water Act (CWA) agreement allowing the Forest Service to continue aerial spraying of fire retardant, protecting communities from wildfires while ensuring protection of water resources.
• CERCLA Cleanups and Cost Recovery. Developed strategies to expedite CERCLA cleanups and enhance cost recovery.
• Perfluorinated Alkyl Substances (PFAS). Sally also has cutting edge experience in PFAS under several statutes and participated in the development of EPA’s PFAS strategies and associated rulemakings:
  • Clarification of the RCRA regulatory definition of hazardous waste ensuring corrective action reaches statutory hazardous wastes
  • CERCLA designation of PFOA/PFOS as hazardous substances
  • RCRA hazardous constituents listing
  • Cleanup/liability issues of airports, biosolids, and drinking water systems
• Cyber Attacks at Drinking and Clean Water Plants. Developed guidance advising drinking water and clean water systems to reduce cyber vulnerabilities through enhanced risk and resilience assessments and emergency response plans under the SDWA, including basics such as:
  
  • Reduce exposure to public-facing internet
  • Conduct regular cybersecurity assessments
  • Change default passwords immediately
  • Develop and exercise cybersecurity incident response and recovery plans
  • Conduct cybersecurity awareness training