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A Series of Firsts (continued)
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STRENGTHENING THE STATUTORY AUTHORITY
In 1986, Congress passed the Superfund Amendments and Reauthorization Act (SARA) to strengthen CERCLA authorities.
Based on EPA's experiences in implementing Superfund, Congress determined that the scope of hazardous waste sites was far larger and the sites' associated problems were much more complicated than originally anticipated. To provide more authority to handle these problems, Congress made major changes to strengthen the cleanup and enforcement processes. Congress also stressed the importance of permanent remedies and innovative treatment technologies, and increased the size of the Trust Fund from $1.6 billion to $8.5 billion.
One of the key provisions of SARA was the creation of a stronger mechanism for public participation. Because site remediation can have significant effects on communities, SARA required public participation activities throughout the Superfund process and provided authority for EPA's community right-to-know program. SARA also required State involvement at every phase of the Superfund program.
SARA contained many provisions to strengthen EPA's enforcement authority and thereby speed up the pace of cleanups. One of the major changes was to encourage voluntary settlements instead of litigation. This provided the basis for EPA's "Enforcement First" policy, which has resulted in more sites being cleaned up by the responsible parties instead of by EPA using the Trust Fund. Also new with the SARA amendments was the requirement that facilities owned or operated by the Federal government comply with CERCLA in the same manner and to the same extent as any non-governmental entity.
Regulations for Disposal of Hazardous Waste While CERCLA provides authorities for responding to hazardous waste releases, the authority for the treatment, storage, or disposal of those wastes is found in the Resource Conservation and Recovery Act (RCRA). In 1984, Congress updated RCRA through the Hazardous and Solid Waste Amendments (HSWA), which prohibited land disposal of certain hazardous wastes at new and existing landfills, and at any other facility responsible for the treatment, disposal, or storage of hazardous waste. Under EPA's regulations, disposal site operators are responsible for the wastes for 30 years following site closure, and ground water monitoring is required at all disposal sites. However, many of those facilities that recycle their waste will be exempt from the requirements because EPA wants to encourage reuse of waste over burial. With the passage of HSWA, Congress created authority for EPA's Land Disposal Restrictions (LDR) program. The LDR program requires that protective treatment standards be met to ensure that toxic components of hazardous waste are properly treated prior to land disposal. |
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