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History of Superfund

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted on December 11, 1980, in response to growing public concern over hazardous waste sites like Love Canal in New York and the Valley of the Drums in Kentucky. Signed into law by President Jimmy Carter, CERCLA established a federal program to clean up abandoned sites contaminated with hazardous substances and pollutants.

Development of the National Contingency Plan (NCP)

The NCP, first issued in 1968 and revised in 1982, provides the framework for federal response to hazardous substance releases and oil spills. It outlines the procedures for site assessment, cleanup, and the roles of federal, state, and local agencies. The NCP is updated to reflect changes in science, technology, and policy.

History of Superfund Timeline

  • 1980 - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Enactment: Created a tax on the chemical and petroleum industries and provided Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
  • 1982 - National Oil and Hazardous Substances Contingency Plan (NCP) for Hazardous Substances: An amendment requires the NCP include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, and contaminants throughout the United States, and the list be revised at least annually.
  • 1983 - First National Priorities List (NPL) Established: The first NPL was established to prioritize hazardous waste sites which pose risk to human health and the environment.
  • 1986 – Superfund Amendments and Reauthorization Act (SARA): Reauthorized CERCLA, emphasizing permanent remedies and the importance of community involvement.
  • 1986 - Emergency Planning and Community Right to Know Act:  Requires industry to report on the storage, use, and releases of certain chemicals to the government.
  • 1987 -- Executive Order 12580: Delegates to several Federal departments and agencies the authority and responsibility to implement certain provisions of CERCLA.
  • 1990s – National Priorities List (NPL) Expansion: The NPL grew to include over 1,200 sites, prioritizing those posing the most significant risks.
  • 1990 - Defense Base Realignment and Closure Act:  Established framework for the transfer and disposal of military installations closed during the base realignment and closure (BRAC) process.
  • 1992 - Community Environmental Response Facilitation Act: Amends CERCLA to require the Federal Government to identify property where no hazardous substance was stored, released, or disposed of before termination of Federal activities on said property.
  • 1992 - Federal Facilities Compliance Act: Waives sovereign immunity and allows state enforcement of hazardous waste regulations.
  • 2000s – Emphasis on Site Reuse: EPA's Superfund Redevelopment Initiative promoted the return of cleaned-up sites to beneficial use.
  • 2001 - One Cleanup Program Initiated: Establishes framework for how different cleanup programs at all levels of government to ensure resources, activities, and results are effectively coordinated and communicated to the public, integrating different cleanup programs together such as CERCLA and RCRA.
  • 2002 - Brownfields Revitalization Act: Amends CERCLA to promote the cleanup and reuse of brownfields (properties where the presence of hazardous substances complicates redevelopment efforts).
  • 2021 - Infrastructure Investment and Jobs Act: Reinstated the Superfund "polluter pays" tax and allocated $3.5 billion for site cleanups, marking a significant investment in environmental remediation.
  • 2024 - PFOA and PFOS designated as hazardous substances: Two per- and polyfluoroalkyl substances perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), are designated as hazardous substances under CERCLA. This causes reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers.

Key Resources