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SUPERFUND FACT BOOK (CRS Report for Congress)

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Release Date Jan. 27, 1999
Report Number 97-312
Authors Mark Reisch and David M. Bearden, Environment and Natural Resources Policy Division
Source Agency Congressional Research Service
Summary:

The Superfund program is the principal federal effort for cleaning up hazardous waste sites and protecting public health and the environment from releases of hazardous substances. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) established the program, and the Superfund Amendments and Reauthorization Act of 1986 (SARA) amended it. This report is a compendium of data and other pertinent information about CERCLA and the Superfund program, followed by a glossary. The law's strict, joint and several, and retroactive liability regime requires responsible parties to pay for cleaning up a site. However, CERCLA established the Hazardous Substance Superfund Trust Fund to pay for cleanups where a financially viable party cannot be found. The trust fund has raised about $1.5 billion per year for cleanup activities, primarily from excise taxes on petroleum and specified chemical feedstocks, and from a corporate environmental income tax, all of which expired on December 31, 1995. The trust fund also pays for the Environmental Protection Agency's (EPA) enforcement, management activities, and research and development. For FY1999, Congress enacted appropriations of $1.5 billion for the Superfund program ( P.L. 105-276 ). The National Priorities List (NPL) tracks the sites that most seriously threaten public health and the environment. As of September 29, 1998, the NPL contained a total of 1,260 final and proposed sites, of which 162 were federal facilities and 1,098 were non-federal sites. The Construction Completion List (CCL) catalogs NPL sites where physical construction is complete for all necessary cleanup and removal actions. As of September 29, 1998, there were 535 sites on the CCL. EPA has deleted a total of 176 sites from the NPL because response actions are complete. In addition to being responsible for cleanup costs, polluters also must pay to restore natural resource damages at Superfund sites. As of July 1996, federal agencies had completed settlements for natural resource damage claims with responsible parties at 67 sites for a total of $117.6 million. In March 1996, the federal government filed the largest natural resource damage claim to date for a total of $970 million against several mining companies for contamination in the Coeur d'Alene River Basin in Idaho. Negotiations over the claim are continuing. The Agency for Toxic Substances and Disease Registry assesses the impact of hazardous substance releases on public health. As of February 1997, the agency had completed 1,776 public health assessments at Superfund sites. The number of state programs that clean up hazardous waste sites has increased in recent years, and each state has enacted its own enforcement authority. At the end of 1997, the states reported nearly 24,000 potentially hazardous sites warranting attention. All states, except for Nebraska and the District of Columbia, have established their own funds to pay for cleanup activities. The total balance of all state funds at the end of FY1997 was roughly $1.4 billion, of which states spent about $565 million for cleanup activities in FY1997.