#SubEnvironment Reviews Pace of EPA's Superfund Program and Potential Improvements

Statement

Date: Jan. 18, 2018
Location: Washington, DC
Issues: Environment

The Environment Subcommittee, chaired by Rep. John Shimkus (R-IL), today held a hearing examining the pace of Superfund cleanups across the country and potential improvements to the law.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) -- informally called Superfund -- was enacted by Congress in 1980 to address many sites across the country contaminated by hazardous substances. The cleanup program allows the Environmental Protection Agency (EPA) to cleanup contaminated sites and CERCLA requires responsible parties to perform cleanups or reimburse the government for cleanup work done by EPA. Currently, there are over 1,300 sites on the National Priorities List, some of which have been on the list for more than twenty years.

"The process of evaluating contamination at a site and determining the appropriate remedy can take years or even decades, which delays the cleanup of the site and prevents the area from being returned to productive use. We need to take a serious look at whether the program is working and whether it encourages or impedes cleanups," said #SubEnvironment Chairman Shimkus.

Steve Cobb, Chief, Land Division, Alabama Department of Environmental Management, on behalf of the Association of State and Territorial Solid Waste Management Officials, offered improvements to the program, testifying, "In order to truly effect streamlining and efficiency improvements for the long-term, any changes to the program must be clearly documented, incorporated into the fabric of the program, and communicated down the chain-of-command to the individuals who conduct the day-to-day implementation of the program. The NCP [National Contingency Plan] is the "rulebook' that project managers, supervisors, and legal support refer to on a regular basis for guidance and direction in managing cleanups and decision-making, and the foundation that CERCLA cleanup program guidance is based upon."

James McKenna, Portland Harbor Policy Analyst, Governor Brown's Natural Resource Office, also suggested potential improvements to the program, stating, "Increasing the Superfund program budget to ensure timely resolution of existing and new NPL sites. Maintaining adequate staffing and technical expertise… For mega-Superfund sites, breaking the sites up into manageable Operable Units. For sites with numerous PRPS, recognize the difficulty of negotiating one settlement with the entire PRP group EPA should develop tools that give PRPs enough certainty so they can settle-out in ways that allow cleanup to move forward, while maintaining the government's need for prudent reopeners. And, accomodating flexibility in cleanup and implementation."

Mr. Breen testifies on behalf of the EPA at today's #SubEnvironment Hearing

"Superfund cleanups also provide significant economic benefits to communities. EPA has collected data showing that at 487 Superfund sites that are in reuse, 6,622 businesses are generating $43.6 billion in sales and employ 156,352 people who earned a combined income of $11.2 billion," stated Barry Breen, Principal Deputy Assistant Administrator of the Office of Land and Emergency Management, U.S. Environmental Protection Agency. "EPA remains dedicated to addressing risks at all Superfund sites, not just those on these lists. The Administrator has set an expectation for a renewed focus on accelerating work and progress at all Superfund sites nationwide."

"Over the 37-year life of Superfund the basic problem has been site cleanups take too long and cost too much. The good news is that Mr. Pruitt has put a high priority on completing Superfund sites in a timely and cost-effective manner, commented Dr. J. Winston Porter, Environmental and Energy Consultant. "Superfund sites should increasingly be taken on by appropriate state Superfund programs, which are usually much less costly than EPA and closer to the problems."

For a background memo, witness testimony, and an archived webcast, click HERE.


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