Superfund

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

Long title	An act to provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.
Acronyms (colloquial)	CERCLA
Nicknames	Superfund
Enacted by	the 96th United States Congress
Citations
Public law	P.L. 96-510
Statutes at Large	94 Stat. 2767
Codification
Titles amended	42 (Public Health)
U.S.C. sections created	42 U.S.C. § 9601 et seq.
Legislative history
Introduced in the House as "Hazardous Waste Containment Act of 1980" (H.R. 7020) by James Florio (D–NJ) on April 2, 1980 Committee consideration by House Interstate and Foreign Commerce, House Ways and Means, Senate Environment, Senate Finance Passed the House on September 23, 1980 (351–23) Passed the Senate on November 24, 1980 (78-9) with amendment House agreed to Senate amendment on December 3, 1980 (274–94) Signed into law by President Jimmy Carter on December 11, 1980
Major amendments
Superfund Amendments and Reauthorization Act of 1986 Emergency Planning and Community Right-to-Know Act of 1986 Small Business Liability Relief and Brownfields Revitalization Act
United States Supreme Court cases
Exxon Corp. v. Hunt, 475 U.S. 355 (1986) Pennsylvania v. Union Gas Co., 491 U.S. 1 (1989) Key Tronic Corp. v. United States, 511 U.S. 809 (1994) United States v. Bestfoods, 524 U.S. 51 (1998) Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004) United States v. Atlantic Research Corp., 551 U.S. 128 (2007) Burlington N. & S. F. R. Co. v. United States, 556 U.S. 599 (2009) CTS Corp. v. Waldburger, 573 U.S. 1 (2014) Atlantic Richfield v. Christian, No. 17-1498, 590 U.S. ___ (2020) Guam v. United States, No. 20-382, 593 U.S. ___ (2021)

Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).^[1] The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites. Of all the sites selected for possible action under this program (and there are tens of thousands across the U.S.), 1178 (as of 2024) remain on the National Priorities List (NPL)^[2] that makes them eligible for cleanup under the Superfund program.^[3] Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The state of New Jersey, the fifth smallest state in the U.S., is the location of about ten percent of the priority Superfund sites, a disproportionate amount.

The EPA seeks to identify parties responsible for hazardous substances released to the environment (polluters) and either compel them to clean up the sites, or it may undertake the cleanup on its own using the Superfund (a trust fund) and seek to recover those costs from the responsible parties through settlements or other legal means.

Approximately 70% of Superfund cleanup activities historically have been paid for by the potentially responsible parties (PRPs),^[4] reflecting the polluter pays principle. However, 30% of the time the responsible party either cannot be found or is unable to pay for the cleanup. In these circumstances, taxpayers had been paying for the cleanup operations. Through the 1980s, most of the funding came from an excise tax on petroleum and chemical manufacturers. However, in 1995, Congress chose not to renew this tax and the burden of the cost was shifted to taxpayers in the general public. Since 2001, most of the cleanup of hazardous waste sites has been funded through taxpayers generally. Despite its name, the program suffered from under-funding, and by 2014 Superfund NPL cleanups had decreased to only 8 sites, out of over 1,200. In November 2021, the Infrastructure Investment and Jobs Act reauthorized an excise tax on chemical manufacturers, for ten years starting in July 2022.

The EPA and state agencies use the Hazard Ranking System (HRS) to calculate a site score (ranging from 0 to 100) based on the actual or potential release of hazardous substances from a site. A score of 28.5 places a site on the National Priorities List, eligible for long-term, remedial action (i.e., cleanup) under the Superfund program. As of March 23, 2022^[update], there were 1,333 sites listed; an additional 448 had been delisted, and 43 new sites have been proposed.^[5]

Superfund also authorizes natural resource trustees, which may be federal, state, and/or tribal, to perform a Natural Resource Damage Assessment (NRDA). Natural resource trustees determine and quantify injuries caused to natural resources through either releases of hazardous substances or cleanup actions^[6] and then seek to restore ecosystem services to the public through conservation, restoration, and/or acquisition of equivalent habitat.^[7] Responsible parties are assessed damages for the cost of the assessment and the restoration of ecosystem services. For the federal government, EPA,^[8] US Fish and Wildlife Service,^[9] or the National Oceanic and Atmospheric Administration^[10] may act as natural resource trustees. The US Department of Interior keeps a list of the natural resource trustees appointed by state's governors.^[11] Federally recognized Tribes may act as trustees for natural resources, including natural resources related to Tribal subsistence, cultural uses, spiritual values, and uses that are preserved by treaties. Tribal natural resource trustees are appointed by tribal governments.^[12] Some states have their own versions of a state Superfund law and may perform NRDA either through state laws or through other federal authorities such as the Oil Pollution Act.

CERCLA created the Agency for Toxic Substances and Disease Registry (ATSDR).

The primary goal of a Superfund cleanup is to reduce the risks to human health through a combination of cleanup, engineered controls like caps and site restrictions such as groundwater use restrictions. A secondary goal is to return the site to productive use as a business, recreation or as a natural ecosystem. Identifying the intended reuse early in the cleanup often results in faster and less expensive cleanups. EPA's Superfund Redevelopment Program provides tools and support for site redevelopment.^[13]