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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
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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).
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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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