Superfund Amendments and Reauthorization Act (1986)

Congress initially authorized Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) legislation in 1980 to clean up abandoned dump sites in the United States that contained hazardous waste . The activities mandated under CERCLA were to be administered by the Environmental Protection Agency (EPA). The program was reauthorized in 1986 by the Superfund Amendment and Reauthorization Act (SARA) and more commonly referred to as simply the Superfund. Several provisions of CERCLA were changed or clarified.

Superfund sites identified in the original legislation were virtually ignored during the early 1980s. Several key EPA officials resigned after they were charged with mismanaging the monies allocated by the original legislation. The EPA attempted to speed cleanup of contaminated sites, but progress was still too slow for critics, some members of Congress and many individual citizens. When the program expired in September 1985, the cleanup activities at more than 200 sites were delayed for lack of funds. Concern about hazardous waste sites continued. This pressure on Congress was sufficient to facilitate reauthorization of CERCLA.

The Superfund was originally financed by a tax on receipt of hazardous waste, and by a tax on domestic refined or imported crude oil and chemicals . The SARA reauthorization increased funding from $1.6 billion to $8.5 billion over five years. It also authorized the use of contributions from potentially responsible parties (persons who had created the environmental hazards or who currently owned the land on which former dump sited were located). SARA declined to place the full financial burden of cleanup on oil and chemical companies. As of 2002, funding is obtained from a broad-based combination of business and public contributions.

SARA emphasizes the importance of remedial actions, specifically those that reduce the volume, toxicity, or mobility of hazardous substances, pollutants and contaminants. Targets for long-term remedial actions are listed on the National Priorities List . This listing is revised each year.

As of 2002, more than 1,300 sites around the nation have been placed on the National Priorities List. These sites are considered to be the worst in the country. A total of 40,000 uncontrolled waste sites have been reported to U.S. federal agencies. As of June 2002, work has been completed on a total of 812 sites in the National Priorities List. Factors used to rank the severity of reported sites include the type, quantity, and toxicity of the substance(s) found at the site, as well as the number of people likely to be exposed, the pathways of exposure, and the vulnerability of the ground-water supply at the site. If a site poses immediate threats such as the risk of fire or explosion, the EPA may initiate short-term actions to remove those threats before actual cleanup begins.

Critics charge that the number of hazardous waste sites nationwide is still underreported. Many states have developed their own programs to supplement the federal Superfund.

Under SARA guidelines, the Agency for Toxic Substances and Disease Registry performs health assessments at Superfund sites. This program, administered by the Centers for Disease Control and Prevention , also lists hazardous substances found on sites, prepares toxicological profiles, identifies gaps in research on health effects, and publishes findings.

See also Chemical spills; Emergency Planning and Community Right-to-Know Act; Hazardous material; Hazardous Substances Act; Toxic substance; Toxic Substances Control Act; Toxic use reduction legislation

[L. Fleming Fallon Jr., M.D., Dr.P.H. ]

RESOURCES

BOOKS

Church, T. W. Cleaning Up the Mess: Implementation Strategies in the Superfund Program. Washington, DC: Brookings Institute, 1993.

Fogelman, V. M. Hazardous Waste Cleanup, Liability, and Litigation: A Comprehensive Guide to Superfund Law. Westport, CT: Greenwood Publishing Group, 1992.

Hutchins, D. C., and R. J. Moriarty. Walking By Day. Solon, OH: CPR Prompt Corp, 1998.

Meyers, R. A., and D. K. Dittrick. The Wiley Encyclopedia of Environmental Pollution and Cleanup. New York: Wiley, 1999.

Pearson, Eric. Environmental and Natural Resources Law. Albany, NY: Matthew Bender & Company, 2001.

PERIODICALS

Au, W. W., and H. Falk. "Superfund Research Program—Accomplishments and Future Opportunities." International Journal of Hygiene and Environmental Health (2002): 165–168.

Lindell, M. K., and R. W. Perry. "Community Innovation in Hazardous Materials Management: Progress in Implementing SARA Title III in the United States." Journal of Hazardous Materials (2001): 169–194.

Wentsel, R. S., B. Blaney, L. Kowalski, D. A. Bennett, P. Grevatt, and S. Frey. "Future Directions for EPA Superfund Research." International Journal of Hygiene and Environmental Health (2002): 161–163.

OTHER

Agency for Toxic Substances and Disease Registry. Superfund Reauthorization. [cited July 2002]. <http://www.atsdr.cdc.gov/superfnd.html>.

Superfund Basic Research Program. [cited July 2002]. <http://benson.niehs.nih.gov/sbrp>.

U.S. Environmental Protection Agency. <http://www.epa.gov/superfund/> and <http://www.epa.gov/superfund/sites/> and <http://es.epa.gov/oeca/spfund/> and <http://www.epa.gov/superfund/sites/npl/npl.htm> and <http://www.epa.gov/superfund/sites/npl/info.htm>.