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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund. Module 3: CERCLA Overview. CERCLA. Reference: U.S. EPA. 2003. RCRA Orientation Manual . EPA530-R-02-016. Washington, D.C. CERCLA (Superfund). Overview Definitions History and Purpose

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund

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  1. ComprehensiveEnvironmental Response, Compensation, andLiability Act (CERCLA) or Superfund Module 3: CERCLA Overview

  2. CERCLA Reference: U.S. EPA. 2003. RCRA Orientation Manual. EPA530-R-02-016. Washington, D.C.

  3. CERCLA (Superfund) • Overview • Definitions • History and Purpose • Statutory Response • Response Actions • ARARs

  4. CERCLA Overview • CERCLA is designed to remedy the mistakes in hazardous waste management made in the past. (Superfund) • RCRA waste management standards are concerned with avoiding such mistakes. • proper management in the present • proper management in the future

  5. CERCLA Overview

  6. CERCLA Definitions

  7. CERCLA Definitions • Addresses these as well: • Pollutants and Contaminants • Any substance that is reasonably anticipated to cause illness or deformation in any organism • Superfund Definitions

  8. History and Purpose of CERCLA • Late 1970s, numerous abandoned, leaking, hazardous waste dumps • Human health and Environmental effects • 1978, President Carter declared Love Canal a federal disaster area

  9. History and Purpose of CERCLA • At the time, declaring Love Canal a federal disaster area was the only viable option available to the federal government. • RCRA did not provide relief because the problem did not involve the current or future management of wastes. • Legal actions were too costly and time consuming.

  10. History and Purpose of CERCLA • At the time, declaring Love Canal a federal disaster area was the only viable option available to the federal government. • RCRA did not provide relief because the problem did not involve the current or future management of wastes. • Legal actions were too costly and time consuming. • Investigations indicated that the contamination went far beyond Love Canal, making the federal disaster relief option impractical.

  11. History and Purpose of CERCLA • Late 1980 Congress enacted CERCLA • CERCLA, as originally enacted in 1980, authorized a five-year program by the federal government to perform the following primary tasks:

  12. History and Purpose of CERCLA • Identify those sites where releases of hazardous substances had already occurred or might occur and posed a serious threat to human health, welfare, or the environment; • Take appropriate action to remedy those releases; and • Force those parties responsible for the release to pay for the cleanup actions.

  13. History and Purpose of CERCLA • CERCLA gave cleanup authority to the federal government • $1.6 billion trust fund – “Superfund” • Imposed cleanup liability on those responsible

  14. History and Purpose of CERCLA • During first five years of Superfund: • The problem of abandoned hazardous waste sites was more extensive than originally thought. • The solution would be more complex and time consuming. • Past events – the responsible party may be unknown, no longer in existence (e.g., a defunct company), or unable to pay.

  15. History and Purpose of CERCLA • Superfund Amendments and Reauthorization Act (SARA): • Extended CERCLA another 5 years • Increased the fund to 8.5 billion • New standards and schedules for site cleanup • New programs to inform the public of risks and for emergency preparedness

  16. Statutory Response • Response triggered by: • release or a substantial threat of release of dangerous substances into the environment • a chemical spill from a tank truck accident • a leak from a damaged drum • Video - Diesel tanker truck overturned

  17. Statutory Response • The release must involve either: • A hazardous substance, as defined in the Statute; • A pollutant or contaminant that may present an imminent or substantial danger to public health or welfare.

  18. Response Actions • Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) • Once a potential release has been discovered, the information is entered into CERCLIS • Computerized database used to track hazardous substance sites

  19. Response Actions • CERCLIS process: • Site entered into CERCLIS • Site undergoes a preliminary assessment (PA) to determine if the site poses a potential hazard and whether further action is necessary • If the threat is immediate, a removal action may be conducted

  20. Response Actions • Removal Actions: • short-term cleanup actions • usually address problems only at the surface of a site • conducted in response to an emergency situation • limited to 12 months duration or $2million in expenditures, after PA • e.g., to avert an explosion, to cleanup a hazardous waste spill, or to stabilize a site until a permanent remedy can be found

  21. Response Actions • Remedial Actions: • longer-term response actions • represent the final remedy for a site • generally are more expensive • longer duration than removals • intended as permanent solutions to hazardous substance threats

  22. Response Actions • If the PA reveals a contamination problem exists, but does not pose an immediate threat that warrants a removal, EPA will continue to study the site during a site inspection (SI)

  23. Response Actions • Using PA and the SI data, EPA will evaluate the site using the Hazard Ranking System (HRS) • A model and scoring system that determines the relative risk to public health and the environment posed by hazardous substances in ground water, surface water, air, and soil

  24. Response Actions • Only those sites with a score of 28.5 (on a scale from 0 to 100) are eligible for placement on the National Priorities List • EPA’s priority hazardous substance sites for cleanup • EPA only funds remedial actions at hazardous waste sites on the NPL

  25. Response Actions • NPL Site Totals by Status and Milestone • Number of NPL Site Actions and Milestones by Fiscal Year

  26. Response Actions • Remedial process: • Once a site is placed on the NPL, the remedial process begins • Requires EPA to design a community involvement plan • Inform citizens • Provide opportunities for response • Two phases: • remedial investigation/feasibility study(RI/FS) • remedial design/remedial action(RD/RA)

  27. Response Actions • Remedial process: • Following the implementation of the remedy, the state or the potentially responsible party (PRP) assumes responsibility for the operation and maintenance (O&M) of the site • Examples • ground water pump and treat • cap maintenance

  28. Pump and Treat Facility

  29. Applicable or Relevant and Appropriate requirements (ARARs)

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