Gavin Howe
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was passed by the US Congress in 1980 in response to the threat of hazardous waste sites, including the Love Canal disaster in New York and the Valley of the Drums in Kentucky. CERCLA established a federal Superfund to address uncontrolled or abandoned hazardous waste sites and provided funding through a taxing mechanism on certain industries, such as the chemical and petroleum industries. The Superfund Amendments and Reauthorization Act (SARA) of 1986 further extended and revised CERCLA, and the program continues to be reauthorized and funded through special appropriations. The Superfund program is administered by the US Environmental Protection Agency (EPA) and involves a state/federal partnership, with the EPA taking the primary responsibility for site identification, monitoring, and response activities.
| Characteristics | Values |
|---|---|
| Year | 1980 |
| Name of the Law | Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) |
| Other Names | Superfund, Superfund Law |
| Enacted by | Congress of the United States |
| Administered by | US Environmental Protection Agency (EPA) |
| Cooperating agencies | State and Tribal governments |
| Purpose | To deal primarily with cleaning up hazardous waste sites where owners had shirked responsibility |
| Other purposes | Allowed injured parties to sue the polluters for damages in federal court |
| Tax | On chemical and petroleum industries |
| Tax rate (2022) | Double the rate of the previous Superfund tax |
| Superfund Amendments and Reauthorization Act (SARA) | Signed into law in October 1986 |
| University-based program | University of Washington Superfund Research Program (UW SRP) |
| National Priorities List (as of 2020) | 1,335 active sites, 424 completed and delisted |
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![A legislative history of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund), Public Law 96-510 together with a section-by-section index pre [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
What You'll Learn
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- CERCLA's creation of the Agency for Toxic Substances and Disease Registry (ATSDR)
- CERCLA's 'polluter-pays' principle
- The Superfund Amendments and Reauthorization Act (SARA)
- The Federal Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA established a federal "Superfund" to address uncontrolled or abandoned hazardous waste sites, as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. The US Environmental Protection Agency (EPA) administers the Superfund program in cooperation with states and Tribal governments. The EPA is responsible for identifying contaminated sites, assessing the risks to public health and the environment, and facilitating cleanup actions.
CERCLA introduced a tax on the chemical and petroleum industries to fund the identification and remediation of hazardous waste sites. The tax revenue is used to ensure that these sites are cleaned up by responsible parties or through government funding. The “polluter-pays” principle is a key aspect of CERCLA, where the parties responsible for pollution are required to clean it up or reimburse the EPA for cleanup costs. The EPA can also recover costs from financially viable individuals and companies once a response action has been completed.
The Superfund law has two types of response actions: short-term "removals" address immediate threats, while long-term "remedial actions" permanently reduce the dangers associated with hazardous substances. The first National Priorities List (NPL) was announced in 1983, identifying 406 priority sites. As of 2018, there were over 1,300 sites listed on the NPL, with new sites proposed each year. The NPL is regularly updated based on the evaluation of cleanup progress and the identification of new sites.
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CERCLA's creation of the Agency for Toxic Substances and Disease Registry (ATSDR)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted by the US Congress in 1980 in response to the Love Canal disaster and other hazardous waste sites. It is also known as the Superfund law. CERCLA created the Agency for Toxic Substances and Disease Registry (ATSDR).
CERCLA provides a federal "Superfund" to clean up uncontrolled or abandoned hazardous waste sites, as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. The EPA was given the power to seek out those parties responsible for any release and assure their cooperation in the cleanup. The EPA also has the authority to implement the Act in all 50 states. CERCLA makes use of the "'polluter-pays' principle, where the parties responsible for the pollution are required to clean it up, or the EPA manages the cleanup and sues the responsible company for the costs.
CERCLA established a tax on the chemical and petroleum industries to identify and respond to sites where hazardous substances have been released or could potentially be released into the environment. It also ensures that these sites are cleaned up by responsible parties or through government funding and evaluates damages to natural resources. CERCLA created a regulatory framework to protect human health and the environment from the dangers of hazardous waste.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 revised and extended CERCLA. SARA was a five-year extension that established remediation standards and increased funding to implement the program. It also included additional enforcement authorities and technical requirements, as well as the Emergency Planning and Community Right-to-Know Act (EPCRA).
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CERCLA's 'polluter-pays' principle
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by the US Congress in 1980. It was passed with bipartisan support and signed by President Jimmy Carter. CERCLA was established in response to the threat of hazardous waste sites, including the Love Canal disaster in New York and the Valley of the Drums in Kentucky.
CERCLA's polluter-pays principle holds that the parties responsible for pollution are required to clean it up or bear the costs of remediation. This principle ensures that those who caused environmental harm are held accountable and financially responsible for addressing the issue. The polluter-pays principle is a key component of CERCLA's comprehensive liability framework, which aims to hold a broader range of parties responsible for addressing hazardous waste sites.
CERCLA provides the EPA with the authority to respond to releases or threatened releases of hazardous substances that may endanger public health or the environment. The EPA can take short-term 'removal' actions to address immediate risks and long-term 'remedial' actions to permanently reduce dangers associated with hazardous substances. The EPA also has the power to seek out responsible parties, obtain their cooperation in cleanups, and recover costs from financially viable individuals and companies.
Historically, about 70% of Superfund cleanup activities have been paid for by potentially responsible parties (PRPs). When a responsible party cannot be found or is unable to pay, the Superfund law originally used an excise tax on petroleum and chemical manufacturers to fund site cleanups. The Superfund Amendments and Reauthorization Act (SARA) of 1986 extended CERCLA, providing additional funding and establishing remediation standards.
The Superfund program has evolved over time, creating a regulatory framework to protect human health and the environment from hazardous waste. It has played a crucial role in addressing environmental contamination, particularly in communities of colour, Tribal lands, and less affluent areas that have been disproportionately affected by pollution.
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The Superfund Amendments and Reauthorization Act (SARA)
SARA required Superfund actions to consider the standards and requirements found in other state and federal environmental laws and regulations. It increased state involvement in every phase of the Superfund program and encouraged greater citizen participation in making decisions on how sites should be cleaned up. The act also provided new enforcement authorities and settlement tools, and increased the focus on human health problems posed by hazardous waste sites.
SARA required the EPA to revise the Hazard Ranking System to ensure that it accurately assessed the relative degree of risk to human health and the environment posed by uncontrolled hazardous waste sites that may be placed on the National Priorities List (NPL). It also required hazardous substances listed under this Act to be regulated under the Hazardous Materials Transportation Act within 30 days of enactment.
SARA included the Emergency Planning and Community Right-to-Know Act of 1986, known as Title III. This mandated that every facility using, storing, or manufacturing hazardous chemicals make public its inventory and report each release of a hazardous chemical to public officials and health personnel. It also directed the Administrator to establish a radon gas and indoor air quality research program to gather information, coordinate research efforts, and assess Federal mitigation actions.
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The Federal Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law)
The Federal Small Business Liability Relief and Brownfields Revitalization Act, commonly known as the Brownfields Law, was signed into law by President George W. Bush on January 11, 2002. The Act amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Superfund Law of 1980, which forced industries to pay for their own toxic spills and general pollution.
The Brownfields Law provided funding for the EPA to assess and clean up brownfields, which are defined as "former industrial or commercial sites where future use is affected by real or perceived environmental contamination." The law also clarified CERCLA liability protections and provided funds to enhance state and tribal response programs. Specifically, the law authorized $200 million per year for brownfield assessment, cleanup, revolving loans, and environmental job training, and $50 million per year to assist state and tribal response programs.
The Brownfields Law also included provisions for small business liability relief and brownfield revitalization funding. It addressed issues related to contiguous properties, prospective purchasers, innocent landowners, and state response programs. The law also established criteria for “All Appropriate Inquiry” assessments, which are used to identify potential liability associated with brownfield properties before redevelopment or revitalization.
The Federal Small Business Liability Relief and Brownfields Revitalization Act was a response to the challenges faced by cities, communities, and private sector players in redeveloping contaminated properties due to a lack of capital and concerns over potential environmental and financial liability. The Act provided a solution by increasing funding for site evaluation and cleanup, reforming Superfund liability, and clarifying brownfields liability.
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Frequently asked questions
CERCLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act.
CERCLA was enacted by Congress in 1980 in response to the threat of hazardous waste sites, including the Love Canal disaster in New York and the Valley of the Drums in Kentucky.
CERCLA provides a federal "Superfund" to clean up uncontrolled or abandoned hazardous waste sites, as well as accidents, spills, and other emergency releases of pollutants and contaminants.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 revised and extended CERCLA. SARA established remediation standards and increased funding to implement the program.
The Superfund program continues to function through special appropriated funding while reauthorization of the law is negotiated by Congress.
