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                                                                     903981502
                          U.S. ENVIRONMENTAL PROTECTION AGENCY
                         Selected Bibliography and Analysis on

                                   SUPERFUND
                                     February 1981
                                      Compiled by:

                                  Sally Ann Sontheimer
                               Office of Library Systems
                                      and Services
                            U.S. Environmental Protection Agency
 --,, >-.»-»>,._..  , __  .              Headquarters Library
 K r:.C - I™ 3 V fc, L)    --^'       Washington, B.C.

     MAR IV  ^?1

VIKUSNiv . / :: KKUltOiiON AGtiM'i-y

                      For Additional  Information Call:   (202)  755-0353
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                                  INTRODUCTION
This pamphlet was prepared at Headquarters to help EPA librarians  and the public
locate information on the Superfund.

The bibliographies provided in this publication represent only  a sampling of
the information available on this issue.  They include sources  that  are easily
located through the EPA library system or that are generally  accessible.   Master
copies of items cited will remain on file at the EPA Headquarters  Library and
will be distributed whenever possible.  Because a comprehensive report on the
issue was unavailable for duplication, an analysis of Superfund has  also been
included.

If additional information is desired or if further assistance in finding
information is needed, please contact us.


              ADDRESS:   Director
                         Office of Library Systems and Services
                         (PM-213)
                         U.S. Environmental Protection Agency
                         401 M Street, S.W.
                         Washington, D.C.  20460

            TELEPHONE:   (202) 755-0353

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SUPBRFUND




    The Comprehensive Environmental Response, Compensation and Liability Act



of 1980, commonly known"as "Superfund", is a law addressing the problem of.



searching oat and cleaning up hazardous waste spills and problem dumpsites.



Behind Superfund is the idea that the public needs protection from the



effects of hazardous waste dumps that, before August 1978 and the disaster



of Love Canal, were unforeseen.  The Superfund was introduced as a self-



sustaining national trust fund established to pay for cleaning up adandoned



sites and active sites where the magnitude of the disaster would demand



immediate response.  In a report by the Subcommittee on Oversight and Inves-



tigation of the House Committee on Interstate and Foreign Commerce, the



problem of hazardous waste was stressed.  "Proper disposal of hazardous



materials is the exception rather than the rule.  Even extraordinary effort,



commenced immediately, cannot achieve adequate protection for the American



public for years to come."  Superfund, then, is only a beginning.








REGULATING WASTE MANAGEMENT



    Management of the billions of pounds of material wastes disposed of in



the past will be one of the major environmental problems of the 80's.  As



legislators' and the public's awareness of this issue has escalated with



the explosion of several hazardous waste disasters, legislation and laws



have surfaced to deal with the disposal and transport practices of the



chemical industry.  In 1975 the Resource Conservation and Recovery Act



(RCRA) was developed to encourage technical innovation in the management of



the three to four billion tons oE discarded materials generated in the U.S.

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every year.  The RCRA regulations sought  to do  two  things:  determine  which



wastes were hazardous and subject these wastes  to detailed  standards govern-



ing labeling, transportation, storage treatment and disposal.  In  the  spring



of 1980, EPA issued the final regulations to provide  for what  it termed



11 cradle-to-grave" (from the point of generation to  the point of disposal  and



for 30 years thereafter) tracking of hazardous  wastes.  These  regulations



began a Federal initiative to control hazardous wastes through monitoring



the existence and management of chemical  wastes produced every day in  the



United States.








THE PROBLEM OF UNFORESEEN DISASTER



    In August 1978 President Carter declared a  state  of emergency  at Love



Canal, New York, where a chemical waste dump was posing a serious  threat  to



the health of the community.  Some new and very difficult problems were



born because of the crisis.  How was the  nation to deal with the potential



catastrophes caused by the improper burial and  management habits of the



past?  Who should have the responsibility or liability for  cleaning up the



noxious mess?  With Love Canal came the realization that such  an incident



was not an isolated event but that others would follow.



    Because a hazardous waste disaster was previously unforeseen,  no legis-



lation existed to provide the prompt response needed  for cleanup and compen-



sation.  An emergency code of regulations existed for remedial action  in  the



case of oil spills and natural disaster,  but the gap  in existing laws  was



sure to handicap the effectiveness of any cleanup operation involving



hazardous wastes.  Nor in any way did the new regulations of RCRA  mandate



such a needed response.

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    The aftermath of Love Canal led to  the  idea of a fund to protect  the



public from damages occurring after hazardous waste disposal facilities have



closed and where site ownership was transferred or relinquished making legal



liability and responsibility difficult  to establish.








CONGRESSIONAL ACTION



    The legislative process for what many viewed as the number one  environ-



mental priority of the 96th Congress began  with the introduction  in the



House on May 16, 1980, of H.R. 7020 —  a bill on abandoned landfills.  Out



of all the proposals for Superfund type legislation, this bill remained



largely intact and passed the House on  September 23, 1980.  It was  later



incorporated with a Senate version (S.  1480) for a Superfund to clean up



hazardous waste pollution as compromise legislation.  Passed on December 3,



1980, the compromise bill established a $1.6 billion fund, financed over a



five year period by fees levied on industrial chemicals and feedlots  (87.5%)



and general appropriations (12.5%).  The bill covers spills or releases on



land and into navigable waters and ground water.  It was signed into  law by



President Carter on December 11, 1980,  as Public Law 96-510.



    Its main features include:



        o A broad authority given to the President to use the fund  at his



          discretion for cleanup and remedial action.



        0 An authority given to the U.S. Environmental Protection Agency to



          clean up any waste site in the country any time a release of



          hazardous wastes presents a real  or potential threat to public




          health.



        « Provisions on liability stating that those who own or operate



          waste disposal sites, produce wastes or transport them  are  liable

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          for tlie full costs  of  cleanup and for up to $50 million for each



          incident of damage  to  government owned natural resources.



    Superfund is essentially  a cleanup bill with a liability clause that is



limited to cleanup and restoration of property;  compensation for personal



injury is left to the state courts.








HOW SJPERFOHD ViORKS




    The Act was designed  to provide prompt emergency response and to avoid



delays in implementing cleanup by being non-regulatory in nature.  The



Federal government and the states will begin to inventory all inactive



hazardous waste sites, placing these sites on a priority list so that those



posing the nost serious threats  will receive the earliest attention.  The



government, however, will give immediate attention to any site where an



einergency situation exists.   The Federal government seeks a limited role but



will apply itself to cases where the party responsible does not or has not



the financial wherewithal to  take proper action or where the situation is



serious enough so that responsive action must come first and questions of



responsibility later.



    The U.S. Environmental Protection Agency has a number of important roles



to play in the implementation of this legislation.  It will be the primary



Federal agency responsible for managing the abandoned hazardous waste dis-



posal site problem for which  a new division under an Assistant Administrator



for Solid Wastes was created.  It will work with states and local govern-



ments to develop inventories  and a priority waste site list.  It will



supervise site cleanup where  the state or responsible parties do not act and

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it will work with the U.S. Justice Department  to  recover  the cleanup costs



whenever Superfund monies are expended.








MERITS VS. DEFICIENCIES



    Criticism of Superfund centers mainly on its  limitations in providing



total protection from hazardous waste pollution.  The  fact  that it ignores



the human factor, lacking as it does compensation for  personal  injury,  sug-



gests that the issue is not yet resolved and will undoubtedly be recon-



sidered by the next Congress.  Also expected is legislation on  an oil-spill



superfund which had been under serious consideration by the 96th Congress



but died with the closing of the lame-duck  session.



    Despite its deficiencies, Superfund, and the  legislation that preceded



it, should introduce a new era of accountability  and careful operation by



the chemical industry.  And most important, the public can  anticipate that



after years of waiting for someone else to  pick up  the tab, genuine health



hazards will finally be cleaned up.

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BIBLIOGRAPHY
"An Analysis of the Resource Conservation Recovery Act."   Mary Vtorobec.
Environmental Reporter.  August 22, 1980.  8 pp.

"A Brief and Appalling Look at Hazardous Wastes."   A.  Blakernan Early.
Sierra Club Bulletin.  May/June 1980.  p. 50(6).

"Cleaning Up the Superfund."  Wall Street Journal.   (Editorial)  December
15, 1980.

"EPA Developing Contingency Plan, Budget Framework for Superfund."
Environmental Reporter.  December 26, 1980.  p.  1274.

"Industry, Environmentalists, Gov1t Generally Express  Approval of
Superfund."  Environmental Reporter.  December 12,  1980.   p.  1231(2).

"President Approves Superfund Bill to Cleanup Waste Dumpsites, Spills."
Environmental Reporter.  December 19, 1980.  p.  1261.

"Semi-mini-Superf und."  Washington Post.  (Editorial)   November  20,  1980.

"Senate Passes $1.6 Billion Superfund; No Compensation Provided  for
Victims."  Environmental Reporter.  Nove<.nber 28,  1980. p. 1097(2).

"Superfund:  Issue Brief."  John E. Blodgett.  Library of Congress
Congressional Research Service.  December 11, 1980.

"Superfund:  Solving the Problen without Regulation."   James  L.  Florio.
(D-NJ).  EPA Journal.  September 1980.  p.  10(2).

"Superfund Superrush."  Wall Street Journal.  (Editorial)   November  20,
1980.

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                     A BRIEF UOOK AT PUBLIC LAW 96-510

                 The Comprehensive, Environmental Response,
                   Compensation and Liability Act of  1980

Signed into law by President Carter on December 11, 1980,  it  is an  act  "to
provide for liability, compensation, cleanup and emergency response for
hazardous substances released into the environment and  cleanup of inactive
hazardous waste disposal sites."  Its major provisions  are as follows.
REPORTABLE QUANTITIES AND ADDITIONAL DESIGNATION:

    • The U.S. Environmental Protection Agency  is required  to  revise  and
      promulgate regulations designating hazardous substances  that jitay
      present substantial danger to public health or  the welfare of the
      environment.

    • Within 180 days of enactment the owners and operators of hazardous
      waste facilities are required to report all knowledge of known,
      suspected, or likely releases of hazardous substances from their
      facility.
RESPONSE AUTHORITIES:

    o The President is authorized to act  to  remove or arrange  for  the
      rertvDval of and provide for remedial action or  take any other response
      measure he deems necessary whenever any hazardous substance  is
      released or there is substantial  threat of such a release.

    • State governments will assure:  (a) adequate offsite  storage, treat-
      ment, and disposal capacity for any hazardous  substance  removed  from a
      site; (b) assure future operation and  maintenance of  such  sites;  (c)
      be responsible for payment of 10% of the costs of remedial action,
      including future maintenance of sites  where Federal cleanup  operations
      have commenced and are found under  their jurisdiction.

    o The U.S. Environmental Protection Agency shall have the  primary
      Federal responsibility of handling  the hazardous waste disposal
      problem.  This Act creates an Assistant Administrator for  Solid  Waste
      and requires a reorganization of  the agancy to effectively carry out
      the powers thereby created.
NATIONAL CONTINGEMCY PLAN:

    • Within 180 days of enactment  the President  shall  revise and  republish
      the national contingency plan for  the  ranoval  of  oil  and hazardous
      substances to include a section to be  known as the national  hazardous
      substance response plan which shall establish  procedures and standards
      for responding to releases of hazardous  substances and  pollutants.

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LIABILITY:
      Those who own or operate waste disposal sites, or produce or  transport
      them shall be liable for all costs of removal and remedial action and
      for up to $50 million for each incident of damage to government owned
      natural resources.
FINANCING:
    • A $1.6 billion superfund is established and  financed over  five  years
      by:  (a) taxes levied on industrial chemicals and  feedlots,  amounting
      to 87.5% of the fund; (b) general appropriations,  amounting  to  12.5%
      of the fund.

    o The fund is to be constantly replenished when responsible  parties are
      found liable and compensation costs are recovered  by actions taken
      through the U.S. Department of Justice.

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                        BIBLIOGRAPHY OF LEGISLATIVE
                       DOCUMENTS CONCERNING SUPERFUND

PROPOSED BILLS AND PUBLIC LAWS:

    • U.S. Congress.  House.  House Bill 5333,  to provide payments of claims
      resulting from the oil-spill at Bay of Campiche,  Mexico.   96th
      Congress, 2nd session.  Washington, 1980.

    • U.S. Congress.  House.  House Bill 7020,  Hazardous Waste  Containment
      Act of 1980.  96th Congress, 2nd session.  Washington,  1980.

    • U.S. Congress.  Public Law 96-510.  December 11,  1980.  Comprehensive
      Environmental Response, Compensation and  Liability Act  of 1980.  96th
      Congress, 2nd session.  Washington, 1981.
REPORTS AND CONGRESSIONAL DOCUMENTS:

    • U.S. Congress.  House.  Committee on Interstate and  Foreign Commerce.
      Hazardous Waste Containment Act of 1980.   May 16,  1980.  Washington:
      U.S. Gov't. Print. Off., 1980.   96th Congress,  2nd session.  Report
      No. 96-1016, Parts I and II.

    • U.S. Congress.  House.  Committee on Interstate and  Foreign Commerce,
      Subcommittee on Oversight and Investigations.  Hazardous Waste
      Disposal.  SepteTiber 1979.  Washington:   U.S. Gov't Print.  Off.,  1979,
      96th Congress, 1st session.  Committee print. 96-IFC-31.

    • U.S. Congress.  House.  Committee on Merchant Marine and Fisheries.
      Oil Pollution Liability and Compensation Act.  Washington:   U.S.
      Gov't. Print. Off., 1979.  96th Congress, 1st session.   Report No.
      96-172, Parts I and II.

    • U.S. Congress.  Senate.  Committee on Environment and Public Works.
      Environmental Emergency Response Act.  Report to accompany  S. 1480.
      July 11, 1980.  Washington:  U.S. Gov't.  Print. Off., 1980.  96th
      Congress, 2nd session.  Report No. 96-848.
HEARINGS

    e U.S. Congress.  House.  Committee on Interstate and Foreign Commerce,
      Subcommittee on Transportation and CoTOierce.   Hazardous Waste
      Disposal:  Our Number One Environmental Problem.  Hearings,  96th
      Congress, 2nd session.  June 9, 1980.  Washington:  U.S. Gov't Print.
      Off., 1980 Serial No. 96-207.

    • U.S. Congress.  House.  Committee on Interstate and Foreign Cornmarce,
      Subcommittee on Oversight ar*3 Investigation.   Review of Hazardous
      Waste Disposal Problems.  Hearings, 86th Congress, 1st session.   March
      21-22, April 5 and 10.  May 16 and 23, and June 4, 5 and 19, 1979.
      Washington:  U.S. Gov't. Print. Off., 1979.  Serial No. 96-48, Part I;
      and No. 96-49, Part II.

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U.S. Congress.  House.  Committee on Interstate and  Foreign Commerce,
Subcommittee on Transportation and Commerce.   Superfund.  Hearings,
96th Congress, 1st session, on H.R. 4561,  H.R. 4566, and H.R. 5290.
Washington:  U.S. Gov1t. Print. Off., 1979.   Serial  No. 96-114.  693
pp.

U.S. Congress.  House.  Committee on Public Works and Transportation.
Hazardous Chemicals Under the Federal Water Pollution Control Act.
Hearings, 96th Congress, 2nd session.  April  15-17,  1980.  Washington:
U.S. Gov't. Print. Off., 1980.  Serial No. 96-56.

U.S. Congress.  House.  Committee on Public Vforks and Transportation,
Subcommittee on Water Resources.  Comprehensive Oil  Pollution Liabil-
ity and Compensation Act.  Hearings, 96th  Congress,  1st session.
September 26, 1979.  Washington:  U.S. Gov1t  Print.  Off., 1979.
Serial No. 96-26.  459 pp.

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ARTICLES FROM NEWSLETTERS


"Beck Says Suparfund More Urgent than EPA Spill,  Waste Figures Show."
Environmental Reporter.  October 24, 1980.  p.  922(2).

"Carter Signs Presidential Order Delegating Authority for Superfund.11
Environmental Reporter.  January 30, 1981.  p.  1853.

"EPA Establishes Seven Work Groups to Prepare Complete Superfund Strategy."
Environmental Reporter.  September 19, 1980.  p.  705.

"Hiring Freeze May 'Seriously Impair1  Superfund,  Hazardous Waste
Enforcement."  Environmental Reporter.  January 30,  1981. p.  1851(2).

"House Passes Two Superfund Bills on Oil, Chemical Spills, Waste Damps."
Environmental Reporter.  September 26, 1980.  p.  729(2).

"House Superfunds Cleared for Action:   Senate Legislation Still is Pending."
Environmental Reporter.  Septembers,  1980.  p. 666(2).

"Industry, Environmentalists, Government Generally Express Approval  of
Superfund."  Environmental Reporter.  December 12, 1980.   p.  1231(2).

"President Approves Superfund Bill to Cleanup Waste Dumpsites, Spills."
Environmental Reporter.  December 19,  1980.  p. 1261.

"Randolph, Stafford Offer Compromise on Superfund:   Finance Reports  S.
1480."  Environmental Reporter.  November 21, 1980.   p. 1041(2).

"Senate Passes $1.6 Billion Superfund:  No Compensation Provided for
Victims."  Environmental Reporter.  November 28,  1980.  p. 1097(2).

"Site Discovery to Cleanup Could Take Four Years  Under Superfund, EPA Says."
Environmental Reporter.  January 23, 1981.  p.  1760.
                                                                           i
"Superfund Top Environmental Priority for Congress,  Alaska Lands for Carter.
Environmental Reporter.  December 28,  1979.  p. 1744(5).
                                        12

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LOVE CANAL:  A CASE STUDY
"Continuing Confusion over Love Canal."  B.J. Culltion.   Science.   August
29, 1980.  p. 1002(2).

"Drain System is Installed to Collect Leachate from Love Canal 'Bathtub'."
Solid Wastes Management.  February 1980.  p. 20(5).

"Love Canal:  False Alarm Caused by Botched Study."  G.B.  Kolata.   Science.
June 1930.  p. 1239(4).

"Love Canal Testing Termed 'No Win1:  EPA Begins Sampling for 200  Chemicals.1
Environmental Reporter.  August 15, 1980.  p. 640(2).

"The Love Canal Tragedy."  Eckardt Beck.  EPA Journal.   January 1979.  p.
16(2).

"Neighborhood of Fear."  Time.  June 2, 1980.  p. 61(2).

"New York Panel Hears 14 Witnesses to Government's Dumping at Love Canal."
Environmental Reporter.  SeptaTiber 12, 1980.  p. 685(2).

"Nightmare in Niagara."  Time.  August 14, 1978.  p. 46.

"No Health Effects From Love Canal, State Appointed Scientific Panel Finds."
Environmental Reporter.  October 31, 1980.  p. 948.

U.S. Congress.  House.  Committee on Interstate and Foreign Commerce,
Committee on Government Operations.  Joint Hearings.  "Love Canal:  Health
Studies and Relocation."  May 22, 1980.  Washington: U.S. Gov't,  Print.
Off., 1980.  Serial No. 96-191.
NEWSPAPER ARTICLES
"Cleaning Up the Superfund."  Wall Street Journal.   (Editorial)  December
15, 1980.  p. 22.

"Key Toxic-Waste Issue in Need of a Careful Answer."  James A. Rogers.  New
York Times.  (Letters to the Editor)  November 28,  1980.

"Seini-mini-superfund."  Washington Post.  (Editorial)   November  26,. 1980.

"Senate Approves Fund to Clean Up Hazardous Wastes."  Joanne Omang.
Washington Post.  November 25, 1980.

"Superfund Finale?"  Washington Star.  (Editorial)   December 1,  1980.

"Superfund Superrush."  Wall Street Journal.  (Editorial)   November  20,
1980.  p. 26.

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        ARTICLES FROM PERIODICALS


        "An Analysis of the Resource Conservation and Recovery Act."   Mary Vtorobec.
        Environmental Reporter.   August 22,  1980.  8 pp.

        "A Brief and Appalling Look at Hazardous Wastes."   A.  Blakeman Early.
        Sierra Club Bulletin.  May-June 1980.   p. 50(6).
 <
        "Controlling Chemical  Spills."  Dave Cohen.  EPA Journal.   April 1978.
•J       p. 40(2).

        "Developing Solutions  to Hazardous Waste Problems." Robert j. Pojasek.
        Environmental Science  and Technology.   August 1980. p. 924(5).

        "A Fact Sheet:  Statistics About the Hazardous Waste Problem."  EPA Journal.
        February 1979.  p.  12.

        "Hazardous Waste."   Randolph Jennings.   EPA Journal.  February 1979. p.
        5(7).

        "Hazardous Waste Action."  Barbara Blum.  EPA Journal.  June 1980.
        p. 7(2).

        "Hazardous Waste Control Effort:  A  Frightful Mess."  Conservation
        Foundation Letter.   April 1980.  p.  1(5).

        "Needed:  Strong Nationwide Regulation."  Charles  Johnson.   EPA Journal.
        February 1979.  p.  16(2).

        "Siting Problem Discussed."  iMancy McKinney.  EPA  Journal.   February 1979.
        p. 27.

        "Superfund:  Solving the Problem Without Regulation."   James J. Florio.
        (D-N.J.).  EPA Journal.   September 1980.  p. 10(2).
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