Superfund

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This article discusses the Comprehensive Environmental Response, Compensation, and Liability Act of the United States. For other uses, see Superfund (disambiguation).

Workers in hazmat suits check the status of a cleanup site

Superfund is the common name for the United States environmental law officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, 42 U.S.C. § 9601-9675), which was enacted by the United States Congress on December 11, 1980 in response to the Love Canal disaster.^[1] The Superfund law was created to protect people, families, communities and others from heavily contaminated toxic waste sites that have been abandoned,

There are currently 1,240 sites listed on the Superfund National Priority List, an additional 317 have been delisted, and 61 new sites have been proposed.^[2]

The Superfund law paid for toxic waste cleanups at sites where no other responsible parties could pay for a cleanup by assessing a tax on petroleum and chemical industries. The chemical and petroleum fees provide incentives to use less toxic substances. Congress provided the oil industry an exemption of liability for the cleanup of petroleum in return for a fee on petroleum products to fund cleanups of other toxic substances.^[3] Congress has chosen not to renew these taxes, and the Bush Administration is the first administration in the history of the program to oppose making polluting industries fund the Superfund toxic waste cleanup program.^[4]

Superfund also provides broad federal authority to cleanup releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected, and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA was later amended to increase the amount of the 'Superfund' to $8.5 billion.

1 Provisions
2 Procedures
- 2.1 Sites
3 References
4 See also
5 External links

[edit] Provisions

CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites, and:

provided for the liability of persons responsible for releases of hazardous waste at these sites; and
established a trust fund to provide for cleanup when no responsible party could be identified.

CERCLA authorizes two kinds of response actions:

Removal actions. These are typically short-term response actions, where actions may be taken to address releases or threatened releases requiring prompt response. Removal actions are classified as: (1) emergency; (2) time-critical; and (3) non-time critical. Removal responses are generally used to address localized risks such as abandoned drums containing hazardous substances, contaminated surface soils posing acute risks to human health or the environment, etc. The regulations for removal actions can be found at 40 C.F.R. 300.415. ("C.F.R." refers to the U.S. Code of Federal Regulations.)
Remedial actions. These are usually more long-term response actions than a removal action. Remedial actions permanently and significantly reduce the risks associated with releases or threats of releases of hazardous substances that are serious but lack the time-criticality of a removal action, and include such measures as preventing the migration of pollutants and neutralization of toxic substances. These actions can be conducted only at sites listed on Environmental Protection Agency's (EPA), National Priorities List (NPL), in the United States and territories. The regulations for remedial actions can be found at 40 C.F.R. 300.430.

Under CERCLA, four classes of parties, termed "potential responsible parties," may be liable for contamination at a Superfund site:

the current owner or operator of the site (CERCLA section 107(a)(1));
the owner or operator of a site at the time that disposal of a hazardous substance, pollutant or contaminant occurred (CERCLA section 107(a)(2);
a person who arranged for the disposal of a hazardous substance, pollutant or contaminant at a site (CERCLA section 107(a)(3)); and
a person who transported a hazardous substance, pollutant or contaminant to a site; that transporter must have also selected that site for the disposal of the hazardous substances, pollutants or contaminants (CERCLA section 107(a)(4)). See 42 U.S.C. § 9607

CERCLA also enabled the revision of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) found at 40 C.F.R Part 300. The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List. The NPL, which appears as Appendix B to the NCP, primarily serves as an information and management tool for EPA, and helps the Agency prioritize sites for cleanup. The NPL is updated periodically. The identification of a site for the NPL is intended primarily to guide EPA in:

determining which sites warrant further investigation to assess the nature and extent of the human health and environmental risks associated with a site;
identifying what CERCLA-financed remedial actions may be appropriate;
notifying the public of sites EPA believes warrant further investigation; and
serving notice to potentially responsible parties that EPA may initiate CERCLA-financed remedial action.

Inclusion of a site on the NPL does not in itself require potentially liable parties to initiate action to cleanup the site, nor does it assign liability to any person. The NPL serves primarily informational purposes, identifying for the States and the public those sites or other releases that appear to warrant remedial actions.

Despite its name, the 'Superfund' lacks the sufficient funds to clean up even a small number of the sites on the NPL. As a result, the government will typically order "potentially responsible parties" to clean up the site themselves under Section 106 of CERCLA, 42 U.S.C. § 9606. If a party fails to comply with such an order, it may be fined up to $25,000 for each day that noncompliance continues. A party that cleans up a site, pursuant to a government order, may seek contribution from other "potentially responsible parties" under CERCLA section 113(f). However, a 2004 Supreme Court decision in Cooper Indus. v. Aviall Servs., 543 U.S. 157 (2004), ruled that parties engaged in voluntary cleanup may not use Section 113.

[edit] Procedures

Upon notification of a potentially hazardous waste site, the EPA conducts a Preliminary Assessment/Site Inspection (PA/SI) which involve records reviews, interviews, visual inspections, and limited field sampling.^[5] Information from the PA/SI is used by EPA to develop a Hazard Ranking Score (HRS) to determine the CERCLA status of the site.^[6] Sites that score high enough to qualify for the full program then proceed to a Remedial Investigation/Feasibility Study (RI/FS). The RI includes an extensive sampling program and risk assessment in order to define the extent of the site contamination and risks. The FS is used to develop and evaluation various remediation alternatives. The preferred alternative is presented in a Proposed Plan for public review and comment. The selected alternative is signed off in a Record of Decision (ROD). The site then enters into a Remedial Design phase and then the Remedial Action phase. Many sites include Long-Term Monitoring and 5-year reviews once the Remedial Action has been completed.

[edit] Sites

There are hundreds of Superfund sites across the nation. Several are affiliated with an settlement between the US EPA and ASARCO, including the North Omaha, Nebraska area.