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Superfund Regulations & Enforcement

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) defines the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants in the United States. The NCP was developed by the Environmental Protection Agency (EPA) in response to the congressional enactment of The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of December 11, 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), and by section 311(d) of the Clean Water Act (CWA). This page contains links to other EPA Web pages with simplified explanations of the Superfund regulatory process. Other links access Code of Federal Regulations that document the technical considerations and requirements of CERCLA and the NCP.

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.

Regulations

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CERCLA Overview
Provides a brief history of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA, also known as "Superfund", was enacted by Congress. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.

SARA Overview
Provides a brief history of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This amended law was enacted by Congress to revise existing provisions of CERCLA and add new authorities to the law.

NCP Overview
Provides a brief history of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP was established in 1968 to protect our environment against oil spills and hazardous waste releases. Includes associated references to the Clean Water Act (CWA) and Oil Pollution Act (OPA).

"The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)", as amended by the "Superfund Amendments and Reauthorization Act of 1986" (1986)
The CERCLA statute effected the creation of Superfund to protect the public and environment from releases of hazardous substances. SARA was enacted by Congress to better define CERCLA provisions and add new authorities to the existing law. This statute provides the legal guidelines upon which the NCP is written.
PDF Searchable (743 K)

Regulatory Text of: "The National Oil and Hazardous Substances Pollution Contingency Plan (NCP)" (September 1994)
The NCP is required by section 105 of CERCLA, as amended by SARA, and by section 311(d) of CWA, 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990 (OPA), Pub. L. 101-380.
Code of Federal Regulations: Title 40, SubChptr J Part 300 [277 pp]
PDF Searchable (1.26 MB)

NCP Final Rule - Using the Files [PDF 23 K, 2 pages]

NCP Key Terms Index [PDF 677 K, 89 pages]

NCP Table of Contents [PDF 80 K, 13 pages]

Preamble to NCP Final Rule [PDF 1.55MB, 340 pages]

Preamble to NCP Final Rule [PDF 1.6MB, 376 pages]

Preamble to the Proposed NCP Published at 53 FR 51394 [PDF 896 K, 205 pages]

NCP Final Rule [PDF 644 K, 149 pages]

NCP Final Rule [PDF 637 K, 139 pages]

Regulatory Text of: "Reportable Quantities"(April 1985)
Designates under section 102(a) of the CERCLA those substances referred to in section 101(14) of the Act, identifies their reportable quantities, and specifies the notification requirements for releases of these substances. It also sets forth reportable quantities for hazardous substances designated under section 311(b)(2)(A) of the CWA.
Code of Federal RegulationsTitle 40, SubChptr J, Part 302 [74 pp]
PDF Searchable (364 K)

Regulatory Text of: "The Off-Site Rule: "Procedures for Planning and Implementing Off-Site Response Actions"1 (September 1993)
Acts to regulate any remedial or removal action involving the off-site transfer of any CERCLA waste that is conducted by EPA, PRPs, or other federal agencies. This newer rule supersedes and replaces any previous rule or policy regarding off-site transport of waste.
Code of Federal Regulations -Title 40, Part 300.440 [5 pp]
PDF Searchable (70 K)

Enforcement

Policies and Guidance - Superfund Cleanup
EPA guidance on liability, negotiations, and settlement procedures under CERCLA. Subject Listings Under Superfund Enforcement include: PRP Search and Information Requests, General and Special Notices, Remedial Investigation /Feasibility Study Issues, Settlement Issues (including Ability to Pay and ADR), Liability, Consent Decree Procedures, De Minimis/De Micromis Oversight, Oversight, CERCLA Section 106 Administrative Orders, Cost Recovery (Including Bankruptcy), State Issues, and Other Guidance and Documents.

EPA Office of Enforcement and Compliance Assurance (OECA) - Office of Site Remediation Enforcement
The Office of Site Remediation Enforcement (OSRE) facilitates, coordinates, and evaluates the enforcement of EPA's national hazardous waste cleanup programs: CERCLA (Superfund), RCRA, OPA, and UST.

"Federal Facilities Streamlined Oversight Directive" (March 1996)
One of the 1996 Superfund Reforms focused on reducing oversight activities at sites where there are cooperative private parties that are performing quality work. This Directive focuses on streamlining the regulatory oversight processes at federal facilities in a systematic, planned manner based on site-specific factors and general streamlining techniques. [3 pp]
OSWER 9230.0-75
HTML

"Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies Volumes 1 and 2, Final" (July 1991)

"Volume 1"
Addresses oversight of remedial investigations and feasibility studies (RI/FSs) conducted by potentially responsible parties (PRPs) at enforcement-lead CERCLA sites. [127 pp]
EPA 540-G-91-010a, OSWER 9835.1c, NTIS:PB91-228361
PDF]

"Volume 2 (Appendices)"
Describes the oversight of sampling and analysis activities (Appendix B1) and of well drilling and installation activity (Appendix C1) conducted during a Remedial Investigation by PRPs at Enforcement-lead CERCLA sites. [196 pp]
EPA 540-G-91-010b,OSWER 9835.1d, NTIS:PB91-228379
PDF]

Superseded Documents

1 This Rule Supersedes both: "Procedures for Implementing Off-Site Response Actions" (Nov, 1987), OSWER Directive 9834.11 AND "The Off-Site Policy"

 

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