Toxic Waste Act

The Toxic Waste Act, or Superfund, is a federal law of the United States created to clean deserted hazardous waste sites. This program was included in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 with the purpose of cleaning hazardous substances that may pose a threat to both public health and the environment. The law entitles the Environmental Protection Agency (EPA) to analyze and order the parties to clean threatened areas or clean the sites itself in the absence of a responsible party.

History

• Congress executed Superfund for the first time during the disaster at the Love Canal in New York, where residents suffered severely with chronic effects such as leukemia and birth defects. The city had been built on a hazardous industrial and chemical dumping site, and heavy rains leached chemicals from the soil into the community. On October 17, 1986, the Superfund Amendments and Reauthorization Act (SARA) was enacted. It amended CERCLA and increased the spectrum of Superfund. These broad changes also increased the fund to $9.3 billion.

Provisions

• There are two types of provisions in CERCLA to clean a threatened site:

  Removal actions typically target localized releases that need immediate attention. Removal actions can be either emergency, time-critical or non-time critical.

  Remedy actions target releases that may take longer to clean than removal actions. But remedial actions are permanent and minimize the risks involved. These actions can only be performed at EPA listed sites--the National Priorities List (NPL).

Procedures

• After the potentially hazardous site is identified, the EPA conducts an initial assessment. The inspection contains all the information about the site, including reviews, visual inspections, field sampling and interviews. Further, a hazard ranking system (HRS) is developed to analyze the CERCLA status of the field. An intensive assessment of the field--Remedial Investigation/Feasibility Study (RI/FS)--is done if the HRS ranking is high to determine the extent of contamination and threats. A consent plan is then made and presented for approval by public. Upon selection of the plan, remedial action is performed.

Implementation

• There are approximately 1,270 hazardous sites listed on the National Priority List as of 2010. Also, over a span of 5 years, funding of $1.6 billion is generated and the tax goes to the tax fund. This tax fund is utilized in cleaning up of the threatened waste areas.

Reform

• In 1986, an attempt to reform Superfund legislation led to the formation of the Superfund Amendments and Reauthorization Act (SARA). SARA helped increase funding that was utilized for further studies and development of new technologies. An attempt to further improve Superfund was proposed by the Clinton administration in 1994. But it could not be implemented because of severe opposition by Republicans in Congress.