United States Environmental Protection Agency Off tee of Solid Waste and Emergency Response Publication 9200.5-008G November 1990 r/EPA Who Pays for Superfund? Superfund is the Federal program for protecting the public and the environment from uncontrolled releases of hazardous substances. More than 1,200 sites are listed on the National Priorities List (NPL) and slated for cleanup under Superfund. The United States Environmental Protection Agency (EPA) is adding more sites to the NPL every year. The Superfund Trust Fund provides tax money to pay the Federal share of site cleanups, but whenever possible EPA forces those responsible for contaminating a site to clean it up. Sharing Cleanup Costs Businesses often create Superfund sites by improperly disposing of hazardous wastes. Private indi- • viduals and Federal agencies also have created such sites. Entities suspected of having contaminated a site are called potentially responsible parties (PRPs). Whenever possible, EPA compels responsible parties to clean up a site they created or contributed to. (If EPA cannot identify the responsible parties or compel them to respond, the Agency will pay for site cleanup out of the Trust Fund.) The Superfund law requires States to contribute at least 10 percent of EPA's costs of cleaning up NPL sites within their borders. Federal agencies pay for cleanups of Federal hazardous wastes, such as military bases or weapons plants, out of their own budgets. They do not use Trust Fund monies. Superfund Trust Fund The Superfund Trust Fund was authorized in 1980 at $1.6 billion. The Superfund amendments in 1986 authorized the Trust Fund at $8.6 billion. In November 1990, a third authorization added $5.1 billion. Superfund expects to spend an additional $19 billion to clean up sites now on the NPL, according to the FY 1989 Annual Report to Congress. The Superfund trust fund receives money from three major sources annually: • $553 million from petroleum excise taxes; • $273 million from chemical feedstock excise taxes; and • $504 million from environmental income taxes. Numerous smaller sources — primarily cost recovery, penalties, income taxes, and interest income — add another $440 million annually. ------- ',. .. . --; ~, . , :, " , , . ~ ... " \ ' , , , ResponSible Party Contributions Potentially responsible parties are performing and financing almost 60 percent of the new construction projects that began in FY '90.' . , 'Responsible parties pay for site cleanups with funds from profits, asset liquidation, borrowing, and insurance. To date, PRPs are obligated in 1,336 settlements to pay over $3.7 billion in cleanup costs. , To date, PRPs have agreed to repay government cleanup costs of almost $475 million. EPA has . recently been awarded its first treble damages case, valued at over $2 million. , - Other Federal Agency Contributions As of September 30, 1989, Federal agencies estimated they woOid spend $4 billion on Superfund- related cleanups from FY 1987 through FY 1991. The Departrnents of Defense and Energy will spend an estimated $2.7 billion and $1 billion respec- tively.; , ' The Federal Government owns some of the largest Superfund sites, but it owns the smallest percentage of sites, compared to private industry and other owners of Superfund sites. ' ' , . ' ~ ------- |