Comprehensive Environmental Response, Compensation, and Liability Act
42 USC 9601 et seq.; P.L. 96-510; 94 Stat. 2797; December 11, 1980
Note: The Comprehensive Environmental Response, Compensation, and Liability Act is also referred to as Superfund.
Historical Context:
The 1970s were a time of increased public awareness of environmental issues, spurred by events such as the 1969 Santa Barbara oil spill and the publication of Rachel Carson's Silent Spring. The Love Canal disaster in 1978, where toxic waste was found in a residential area in New York, further increased public concern and led to the passage of CERCLA in 1980.
Regulatory Structure:
CERCLA is administered by the Environmental Protection Agency (EPA), which is responsible for overseeing the cleanup of hazardous waste sites and enforcing liability provisions. The EPA maintains the National Priorities List (NPL), which identifies the most serious hazardous waste sites in the country and prioritizes them for cleanup. The EPA also works with state and local governments, as well as private parties, to facilitate cleanup and reuse of contaminated properties.
CERCLA provides for several liability provisions, including strict liability for current and past owners and operators of hazardous waste sites, as well as liability for generators and transporters of hazardous waste. The Act also allows for cost recovery actions against responsible parties to recoup cleanup costs. Additionally, CERCLA includes provisions for community involvement and public participation in the cleanup process.
Major Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA):
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has undergone several amendments since its initial passage in 1980. Some of the major amendments include:
The CERCLA Amendments of 1983 (sometimes referred to as the Superfund Amendments and Reauthorization Act of 1983) (April 22, 1983, P.L. 98-21): Some of the key changes made by the 1983 CERCLA Amendments include:
a. Establishing a funding mechanism for the Superfund program and increasing the size of the Superfund trust fund.
b. Requiring the Environmental Protection Agency (EPA) to prioritize sites for cleanup based on the severity of the threat to public health and the environment.
c. Establishing requirements for community involvement in the Superfund process, including the right to petition the EPA for site assessment and the right to participate in cleanup decisions.
d. Establishing liability protections for innocent landowners who acquired contaminated property without knowledge of the contamination.
e. Clarifying the liability of potentially responsible parties (PRPs) and establishing a new class of PRPs, known as "de micromis" parties, who are liable only for a small portion of the cleanup costs.
f. Authorizing the EPA to conduct removal actions, which are short-term cleanup measures intended to address immediate threats to human health or the environment.
Superfund Amendments and Reauthorization Act of 1986 (SARA) (October 17, 1986, P.L. 99-499): This amendment expanded the scope of CERCLA including expanding the Superfund program's authority (cleanup of hazardous waste sites caused by leaking underground storage tanks), strengthening the liability of potentially responsible parties, enhancing community involvement in the cleanup process, and increasing the size of the Superfund from $1.6 billion to $8.5 billion.
Omnibus Budget Reconciliation Act of 1990: (November 5, 1990, P.L. 101-508): This amendment added the Polluter Pays Principle, which requires parties responsible for hazardous waste releases to pay for cleanup costs. It also established the Brownfields program to provide funding and technical assistance for the cleanup and redevelopment of contaminated properties.
The Community Environmental Response Facilitation Act (October 14, 1992, P.L. 102-426): The Community Environmental Response Facilitation Act (CERFA) amended CERCLA by creating a program to assist local communities in responding to hazardous substance releases. Specifically, the act provided funding to help communities assess and clean up contaminated sites, and established a framework for community involvement in the decision-making process. CERFA also streamlined the process for obtaining liability protections for innocent landowners, as well as for parties who voluntarily clean up contaminated sites.
The Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996 (September 30, 1996, P.L. 104-208): The Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996 amended CERCLA to provide limited liability protection for lenders and fiduciaries who acquire contaminated property involuntarily as a result of their normal business operations, as long as they meet certain conditions. The act also amended the Federal Deposit Insurance Act (June 16, 1933, P.L. 73-66) to provide deposit insurance protection for environmental liabilities associated with foreclosed properties. The overall purpose of the act was to promote the cleanup and redevelopment of contaminated properties by reducing the risk and uncertainty associated with potential liability for lenders and fiduciaries.
The Small Business Liability Relief and Brownfields Revitalization Act of 2002 (January 11, 2002, P.L. 107-118): The amendments provided liability protections and other incentives to encourage the cleanup and redevelopment of brownfields, which are abandoned or underutilized properties with real or perceived environmental contamination. The act also created the “Small Business Liability Relief and Brownfields Revitalization Program,” which provides grants and technical assistance to support brownfields cleanup and redevelopment by small businesses and local governments. Additionally, the act established the “Brownfields National Partnership,” a collaborative effort among federal agencies to provide resources and technical assistance for brownfields cleanup and redevelopment.