The Superfund program is the common name for the federal hazardous-waste cleanup authority created by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Its principal aim is to identify, investigate and remediate sites contaminated by hazardous substances so they no longer pose unacceptable risks to human health and the environment. The program is implemented and overseen by the U.S. Environmental Protection Agency with participation from state agencies and responsible private parties.

Key components and procedures

Sites addressed under the law are often called Superfund sites. Actions under the program range from short-term emergency removals to long-term remedial work. Common elements include:

  • Preliminary assessment and site inspection to characterize contamination and risk.
  • Listing on the National Priorities List (NPL) when long-term cleanup is required.
  • Technical studies such as a Remedial Investigation/Feasibility Study followed by a Record of Decision that selects the remedy.
  • Design and construction of the remedy, then operation, maintenance and monitoring as needed.

Liability, funding and responsible parties

CERCLA establishes a strict, joint-and-several liability regime intended to implement a polluter pays principle: current owners, past owners, operators, and those who arranged for disposal can be held financially responsible. Historically the Superfund trust fund was supported by taxes on chemical and petroleum industries, but since the mid-1990s much funding has come from general federal revenues and settlements with Potentially Responsible Parties (PRPs). Where liable parties cannot be found or are insolvent, the EPA may use public funds to proceed with cleanup.

History and notable events

CERCLA was enacted in response to high-profile contamination incidents and public concern about hazardous waste, notably sites such as Love Canal and other 1970s emergencies that highlighted lingering industrial pollution. Those events influenced the law’s emphasis on rapid response, liability, and long-term remediation.

Community role and controversies

Community involvement is a required part of the process: the public can review proposed remedies, submit comments, and participate in planning. The program has faced criticism for the length of time required for some cleanups, high costs, and disputes over liability and responsibility for long-term stewardship. Nevertheless, many sites have been cleaned or stabilized, returning land to safer uses.

As administered under the federal statute (CERCLA) and implemented by the EPA, the Superfund program has addressed thousands of contaminated locations. Tens of thousands of sites have been documented in federal inventories, and roughly 1,600 sites have appeared on the NPL at various times; each site follows the same basic pattern of assessment, selection of remedy, implementation and long-term oversight.