Hazardous Waste and Superfund

The management and cleanup of hazardous waste is governed primarily by two federal statutes: the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund.

RCRA: Cradle-to-Grave Management

RCRA establishes a comprehensive system for managing hazardous waste from generation through disposal — often called "cradle-to-grave" regulation.

Key components include:

Identification — defining what constitutes hazardous waste (listed wastes and characteristic wastes)

Generator requirements — rules for entities that produce hazardous waste

Transporter requirements — rules for entities that move hazardous waste

Treatment, storage, and disposal facility (TSDF) standards — stringent requirements for facilities that handle hazardous waste

Manifest system — a tracking document accompanies hazardous waste from generation to final disposal

CERCLA/Superfund: Cleaning Up Contamination

CERCLA addresses the cleanup of sites already contaminated by hazardous substances. Key features include:

The National Priorities List (NPL) — the EPA's list of the most seriously contaminated sites in the country, eligible for long-term cleanup using Superfund resources.

Potentially Responsible Parties (PRPs) — CERCLA imposes liability on four categories of parties:

1. Current owners and operators of the contaminated facility

2. Past owners and operators at the time of disposal

3. Generators who arranged for disposal of hazardous substances at the site

4. Transporters who selected the disposal site

CERCLA Liability Standards

CERCLA liability is:

Strict — liability does not require proof of negligence or intent

Joint and several — any single PRP can be held liable for the entire cost of cleanup

Retroactive — applies to disposal activities that occurred before CERCLA was enacted

These standards make CERCLA one of the most powerful environmental enforcement tools.

The Cleanup Process

1. Preliminary assessment/site inspection — initial evaluation

2. Remedial investigation/feasibility study (RI/FS) — detailed study of contamination and cleanup options

3. Record of Decision (ROD) — EPA selects the cleanup remedy

4. Remedial design/remedial action — engineering and implementation of the cleanup

5. Long-term monitoring — ongoing oversight to ensure effectiveness

Brownfields

Brownfield sites are properties where expansion, redevelopment, or reuse may be complicated by the presence or potential presence of contamination. The Small Business Liability Relief and Brownfields Revitalization Act (2002) provides liability protections and funding for brownfield cleanup and redevelopment.

Hazardous Waste and Superfund