Share sensitive information only on official, secure websites. Includes associated references to the Clean Water Act (CWA) and Oil Pollution Act (OPA). EPA has three basic options under CERCLA when confronting a situation requiring a response. A Prescription to Expedite Hazardous Waste Cleanups: De Minimis - GGU US v. Olin, 107 F.3d 1506 (11th Cir. The health of the public and the environment can no longer be sacrificed. The slip law was PL 96-510 and the session law was 94 Stat. An unintended consequence of CERCLA was that developers would refuse to purchase and attempt to clean brownfields for fear of potential liability for owning the land. See 40 CFR Part 300, 59 FR 47384 (Sept. 15, 1994). CERCLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, known also as Superfund. Likewise, if a PRP can show that the mess was contained and removed (and thus contributed in no way to the hazardous release), the PRP may limit liability. If EPA determines, in consultation with the head of the affected agency, that an RI/FS or remedial action will be done properly and in a timely manner by a PRP other than the Federal agency, EPA may enter into a settlement agreement with that PRP under CERCLA 122 (relating to settlements). note 8, at 275. CERCLA. In addition to EPAs 104 order authority, with respect to a vessel or facility subject to their custody, jurisdiction, or control, Executive Branch agencies may issue 104(e)(5)(A) orders regarding information gathering or access with the concurrence of the Attorney General. The NCP is the federal government's blueprint for responding to both oil spills and hazardous substance releases. Section 126 of CERCLA requires that EPA afford Indian Tribes substantially the same treatment as a State with respect to certain provisions of CERCLA. Should an agency encounter a situation where a CERCLA action may affect an NHL, the agency should contact the ACHP at the earliest steps to determine an appropriate compliance strategy. Executive Order No. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. At a minimum, the agency must only ensure that its CERCLA removal or remedial action process is designed to meet the take into account requirement, and to afford the ACHP a reasonable opportunity to comment on the proposed response action, specifically, carrying out and consulting on the identification and evaluation of historic properties affected by undertaking; the assessment of effects on identified historic properties; and the consideration of binding measures to avoid, minimize, or mitigate any potential adverse effects to historic properties. The ACHP believes those requirements include identifying historic properties that may be affected by the proposed undertaking, assessing the potential effects to historic properties, and considering ways to avoid, minimize, or mitigate any adverse effects to historic properties. The NCP is the federal government's blueprint for responding to both oil spills and hazardous substance releases. The goal of SRI was to make productive uses of cleaned Superfund sites for industrial and commercial uses and for housing and public work facilities. How Much Green Pressure Do Oil Companies Feel from Financial Markets? 2767. The act also created a $9 billion fund called the Superfund to pay for the cleanup of identified . at the University of Pennsylvania Indirect Owner/Operator Liability Under CERCLA - FindLaw PDF OVERVIEW OF CERCLA - Army Section 120 states the general principle that Federal agencies must comply with substantive and procedural CERCLA requirements to the same extent as private entities and are subject to 107 liability. Notice of the time at which such storage, release or disposal took place, A description of any remedial action taken, A covenant warranting that all remedial action necessary to protect human health and the environment with respect to hazardous substances remaining on the property has been taken prior to the date of transfer and any additional remedial action found to be necessary after the date of transfer shall be conducted by the United States. The following illustrates the central elements of CERCLAs enforcement scheme: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, authorizes the President to respond to releases or threatened releases of hazardous substances into the environment. 215.898.8502. 306107) directs agencies to minimize harm to any National Historic Landmarks (NHLs) to the maximum extent possible. Although this requirement is also substantive, this paper focuses on the routine intersection of Section 106 and CERCLA. To satisfy the statutory requirement to take into account the effects of the undertaking on historic properties, the agency should ensure that the State Historic Preservation Officer (SHPO) and/or the Tribal Historic Preservation Officer (THPO), Indian tribes, NHOs, and other consulting parties as appropriate have the opportunity to provide input into the identification and evaluation of historic properties. CERCLA authorities complement those of the Resource Conservation and Recovery Act, which primarily regulates ongoing hazardous waste handling and disposal. CERCLA created a Superfund that can be used by the EPA to pay for cleanup of contaminated sites. CERCLA powers and responsibilities overlap with the Resource Conservation and Recovery Act (RCRA), the Clean Water Act, and the Safe Drinking Water Act. Provides a brief history of the Superfund Amendments and Reauthorization Act (SARA) of 1986. CERCLA was intended to address the dangers caused by abandoned and uncontrolled hazardous waste dumps by creating a program for response as well as a fund for cleanup and remediation. CERCLA gives the President authority to clean up these sites under requirements generically referred to as removal or remedial provisions. The Resource Conservation and Recovery Act (1976) is a public law which creates the structure for the correct management of both hazardous solid waste and non-hazardous solid waste. Our expert environmental consulting services facilitate compliance with CERCLA regulations and promote environmental protection. In order to protect human health and the environment, federal environmental statutes have been enacted to create a comprehensive governmental response to hazardous materials and wastes. In such cases, once the United States has completed all remedial action, it must issue a warranty that satisfies that covenant requirement. Criminal fines may be imposed either under CERCLA 103 or 18 U.S.C. On their face, these goals appear noble and sensible. When a Federal facility is not on the NPL, State laws concerning removal and remedial actions, including State laws regarding enforcement, apply to Federal facility actions as long as the State law is not more stringent for Federal facilities than for private facilities. Kelly is also a 2021 Undergraduate Student Fellow. As evidenced through the multiple iterations of regulations promulgating the Section 106 process, consultation is an inherent and integral part of an agencys effort to take into account the effects of the undertaking on historic properties. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was enacted by Congress on December 11, 1980, and gave the U.S. Environmental Protection Agency (EPA) power to regulate hazardous substances at contaminated waste sites nationwide. CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified. In response to criticism, amendments to CERCLA known as the. [4] See 54 U.S.C. Although the goal is to have polluters pay all these expenses, EPA often must use Fund monies to clean up sites where there are no PRPs or to respond expeditiously to a release. How does a federal agency meet the substantive requirements of Section 106 for a proposed response action? How Many Classes of Hazardous Materials are there? The investigation is not complete until the Federal agency obtains appropriate regulatory concurrence. The law authorizes two kinds of response actions: (1) short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and (2) long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. 5520 Nobel Dr The statute prevents liability being assigned to a bona fide prospective purchaser, so long as the purchaser does not impede the performance of either a response action or natural resource restoration. EPA and each agency, department, and instrumentality shall provide State and local officials with an opportunity to participate in the planning and selection of a remedial action. [1] See 40 CFR Part 300, 59 FR 47384 (Sept. 15, 1994). US v. Monsanto, 858 F. 2d 160 (4th Cir. Read work from other students and learn more about the Undergraduate Climate and Energy Seminar. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. H.R. Balancing numerous factors, including types of contamination and proximity to people, the EPA selects the most urgent sites for the NPL through a Hazard Ranking System. The National Priorities List for Uncontrolled Hazardous Waste Sites; Listing and Deletion Policy for Federal Facilities, Frequently Asked Questions on Natural Resources Damages, Uniform Federal Policy for Quality Assurance Project Plans - Training Materials, Enforcement and Compliance Annual Results for FY 2022. While CERCLA represents a clear attempt to address this shortcoming, it was considered and passed in the waning days of an outgoing Congress, which created a sense of urgency in its pas-sage. Where the agency finds an adverse effect to historic properties, it would move to the next step below. In addition, the Fund provides up-front funding to EPA, and in certain specified situations funds to reimburse private party expenses. What is CERCLA? - Anacostia Park (U.S. National Park Service) Transporter liability is premised on the transporter playing some role in the selection of the site where the hazardous substances are taken. Fitchburg, WI 53711, CERCLA authorizes Superfund cleanup responses in two ways: short-term removal and long-term, If your organization needs help with site cleanup, hazardous waste transportation and disposal, environmental remediation, and environmental consulting services, call the experts at Hazardous Waste Experts at, Bulk Amounts of Expired Hand Sanitizer Requires Hazardous Waste Management, What you Need to Know About CERCLA Superfund, A Primer on Toxic Mold Removal for Business and Industry, How to Recycle or Dispose of Old Gasoline. Since its enactment in 1980, Congress has amended CERCLA numerous times. When Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA," commonly referred to as "Superfund"), it created a broad liability scheme intended to make polluters pay the costs of cleaning up waste disposal sites, but it left to the courts the development of a federal common law to define the specific . CERCLA is a direct extension of common law principles contained in the Clean Water Acts Oil Spill Liability Program. The Comprehensive Environmental Response, Compensation, and Liability Act was ratified in 1980 but the reason behind CERCLA started in the '70s with several unacceptable, tragic incidents and unlawful practices of mismanaged toxic, hazardous waste disposal. 12580 requires Federal agencies to assume certain duties, such as participating on national/regional response teams. 12580. CERCLA, also known as the "Superfund" program, provides a consistent, science-based approach across the nation for environmental site cleanup. EPA believes that 18 months normally should be enough time to complete the PA. After the PA, the Federal agency may, if warranted, perform a Site Investigation (SI) to gather sampling data. See 54 U.S.C. No. In particular, an interagency agreement specifies milestones for the Federal facility to complete remedial activities, stipulates penalties for missing milestones, and includes arrangements for long-term operation and maintenance at the facility. The next (and most important) job-at-hand is clean-up (and to try to ensure the party responsible for the mess is also held responsible for the clean-up). The Superfund program was created as a result of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). NJ bill to limit Palisades development linked to Menendez probe City History | City of Santa Clara Within 180 days after review of the RI/FS, the agency head shall enter into an interagency agreement (IAG) with EPA that includes a review of alternative remedial actions and selection of the remedial action by head of the relevant department and EPA. Known to have been released or disposed of, and on which the Federal government plans to terminate operations, Enter into a lease that will encumber the property beyond the date of termination of operations. Listing on the National Priorities List (NPL). Environmental Laws You Need to Know for the Real Estate - dummies Arrangers (person who arranged for disposal of a hazardous substance at a site). In addition, CERCLA 310(d) precludes citizens from filing a suit until notification is given to the President, the State in which the alleged violation occurred, and the facility alleged to be in violation of a standard, regulation, condition, requirement, order, or IAG. Therefore, EPA and these agencies may, perform response actions when there is an emergency. Enforcement activities related to the Superfund Division at EPA Headquarters is overseen by the Office of Site Remediation Enforcement (OSRE), a division of the EPA Office of Enforcement and Compliance Assurance. When should an agency complete the Section 106 process? One thing CERCLA cannot ensure, however, is perfection. There also are authorities allowing private parties and States to bring citizens suits to enforce CERCLAs provisions and for natural resource trustees to bring actions for damages to natural resources. Frequently Asked Questions regarding the Coordination of Section 106 of the National Historic Preservation Act (NHPA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Requirements. Under CERCLA 120(h)(3), deeds that transfer U.S. property to another person or entity must include the following: Under certain circumstances, conveying the deed of a contaminated property may take place before completion of remedial actions. sci tech and env exam 2 review Flashcards | Quizlet While the ACHPs regulations specify procedural steps for how an agency can conduct consultation, including timeframes for review and processes for resolving disagreements, it is the substantive seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement that consultation seeks to accomplish. A special effort should be made to consult with any Indian tribe or NHO that attaches religious and cultural significance to historic properties that may be affected by a response action. The Superfund program was created as a result of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Congressional law gave the U.S. Environmental Protection Agency (EPA) authority to create the RCRA program. To what extent must an agency consider other laws before a CERCLA removal or remedial action? To determine whether a federal agency has an undertaking with the potential to affect historic properties, it should assess the type of response action proposed. It is common practice at Superfund sites across the country to use material found onsite at other portions of the site if these uses are protective. To satisfy the statutory take into account requirement, the federal agency shouldas part of its CERCLA response action processconsult with certain parties, including the relevant SHPO/THPO(s), Indian tribes or NHOs, applicants, and local governments, so that its taking into account is actually informed by those most likely to have information and expertise relevant to the determinations regarding identification and evaluation of historic properties, assessment of effects, and establishment that the response action either would have no adverse effect on historic properties, or consideration of alternatives or modifications to the response action (and/or other mitigation measures) that would avoid, minimize, or mitigate adverse effects on historic properties without compromising the efficacy of the response action. Comprehensive Environmental Response, Compensation, and - US EPA 1997). PRP may also be liable to individuals that incur part of the cleanup costs or damages. In addition, E.O.