Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

1ESC 504 Text: Toxic Substances and Controls Guide 2nd Edn. Reading Assignment: CERCLA:p 197-213

Comprehensive Environmental Response Compensation and Liability Act (CERCLA) U.S. Code citation: 42 USC 9601 et seq Regulation:40 CFR 300 Federal Agency with Jurisdiction: EPA Enacted December 11, 1980 Amended 1882, 1986 (major amendment in Superfund Amendment and Reauthourization Act, SARA)

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

What it Regulates and Why Requires clean-up/Remediation of: Contaminated sites Includes air, land and water Abandoned sites Emergency Response Liability to CERCLA is strict and continuing

Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Enacted in1980 Associated with Love Canal Incident Also called superfund Financed by:

Petroleum industry Chemical feed stock Imported chemical derivatives Tax on active hazardous waste disposal sites

Where does CERCLA fit On the Regulatory Scheme?

CAA Cradle
Hazardous Waste Generation

Grave
RCRA Landfill

Transportation of Hazardous waste

RCRA TSCA HMTA FIFRA FFDCA OSHA Waste byproduct laws:

RCRA CAA CWA SDWA

RIP RIP RIP RIP

HMTA CERCLA

CERCLA: Major Provisions

1. Expansion of National Contingency Plan (NCP): Section 105 2. Reporting of discharges above certain quantities to the federal government and for federal government response to emergencies.

CERCLA: Major Provisions

3. Imposition of cleanup requirements and cost recovery from parties responsible for hazardous substance releases. 4. Imposition of tax on crude, oil, petroleum products and hazardous wastes

Ultimate Purpose of CERCLA

Requires cleanup/remediation contaminated sites includes air, land, water

abandoned sites
emergency response

National Contingency Plan (NCP)

National Priority List (NPL)

EPA uses a system of ranking to determine if site is to be put on list based on degree of hazard. Sites are ranked with respect to its priority for clean up. About 1,200 sites on list Sites on list are eligible for cleanup using superfund money

Reporting and Responding to Emergency

List of Reportable Hazardous Substances

Pollutant under CWA Hazardous Waste under RCRA Hazardous Air Pollutant under CAA Imminently Hazardous Chemical under TSCA Otherwise listed under CERCLA

Superfund Amendment and Reauthorization Act (SARA)

SARA

Defines Potential Responsible Parties (PRP): Past present owners, operators, generators, transporters)
Liability: Joint & Several Liability

Health Studies (ATSDR)

Title III EPCRA

SARA Title III: EPCRA

SARA

Title III-Emergency Planning and Community Right to Know Act (EPCRA):

Triggered

by release of methyl isocyanate in 1984 in Bhopal, India

(2,000 killed &>20,000 injured)

Other Major Requirements of CERCLA

National Contingency Plan Reportable Quantities (RQ) Hazardous Ranking System (HRS) National Priority List (NPL)

Other Major Requirements of CERCLA

Responding to spills and releases:

Immediate removal
Planned Removal Remedial Actions

Immediate Removal

Also called Emergency Responses

clean up of substances spilled in environment. Short-term Cost: $1million or less response not limited to sites on NPL

Remedial Response
Permanent remedy Addresses only sites on the NPL Must be coordinated with state Requires extensive public participation

- public pays a portion (10 to 50 %)

Cost: unlimited If site abandoned: efforts to ID PRP