How does the statute interact with abandoned hardrock mining sites and animal feeding operations? To supply the context for these issues, this report first provides a background and overview of the Superfund program. Legislative Background

On December 11, 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, P.L. 96-510 ) to create the hazardous substance cleanup program. The program became known as "Superfund" in reference to the trust fund established by the law. The fund was originally supported by taxes levied on specific petroleum products and chemicals, and a corporate environmental income tax. Until recent years, the Superfund taxes provided the majority of the funding for the needs of the program. As noted in a comprehensive report prepared by Resources for the Future (RFF) (hereafter referred to as the RFF Report):
The expense and pace of cleaning up NPL sites has been, and continues to be, a contentious topic among followers of the Superfund program.... [E]ven though more than half of all NPL sites have been deemed "construction complete"—meaning that all physical remedies are in place and immediate risks posed by the site have been addressed—there remain hundreds of sites placed on the NPL during the early years of the program where cleanup remedies have still not been fully implemented. Selected Superfund Issues

This section of the report discusses four Superfund issues that have received interest in recent years. The first two issues concern program funding, including who should fund the program (industry or general taxpayers) and how much funding is needed to meet the program's obligations. Without dedicated taxes, and with a relatively small balance in the trust fund, Congress has been using general revenues for a larger percentage of cleanup funds. Although several Members of Congress have introduced bills to reinstate the taxes during these years, such efforts have lacked the necessary support. In general, the current Superfund funding debate (i.e., whether a dedicated tax or General Treasury revenues should support the trust fund) applies to this subset of NPL sites. Recent evidence indicates that appropriations from the past several years have fallen short of program needs. Abandoned Hardrock Mines

Although CERCLA liability is a powerful tool for EPA to drive cleanup of contaminated sites, the threat of CERCLA liability may act as a cleanup disincentive at abandoned hardrock mines. As discussed previously, the number of hardrock mining sites listed on the NPL in future years, particularly those without identifiable PRPs, could play an important role in the Superfund funding debate. Some stakeholders believe that the threat of CERCLA liability serves as a disincentive to good samaritan groups who might offer cleanup assistance. These parties have called for federal legislation that would provide good samaritans with protection from Superfund's liability scheme. CERCLA requires facilities to report hazardous substance releases into the environment, including ambient air, that are above reportable quantities (RQ).
Superfund is the federal government's principal program for cleaning up the nation's contaminated waste sites and protecting public health and the environment from releases of hazardous substances. Enacted into law as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, P.L. 96-510), the program became known as Superfund because Congress established a large trust fund—originally supported by taxes levied on specific petroleum products and chemicals—to provide the majority of the program's funding needs. Although the 26-year-old program has seen less attention compared with earlier years, Superfund issues continue to generate debate. This report provides a background and overview of the Superfund program and examines four topics that received interest in recent years.
The first issue concerns Superfund program funding: who should pay for the program, general taxpayers or a dedicated tax on industry? The program was originally funded by a tax on industry that expired at the end of 1995. Without dedicated taxes, and with a relatively small balance in the trust fund, Congress has been using general revenues for a larger percentage of cleanup funds. Members introduced bills to reinstate the taxes in the current and past three Congresses, but so far these efforts have lacked the necessary support.
The second issue regards Superfund program appropriations. Recent evidence indicates that appropriations from the past several years have fallen short of program needs. The Administration's FY2007 budget proposal for Superfund also fell below levels that, according to some estimates, are needed to meet program obligations. Without reinstating the Superfund taxes, any increased appropriation would be funded through General Treasury revenues.
The third issue involves Superfund interaction with abandoned and contaminated hardrock mines. The number of hardrock mining sites requiring cleanup in future years, particularly those without identifiable responsible parties, could play an important role in the Superfund funding debate. There is also a concern that the threat of CERCLA liability may act as a cleanup disincentive for "good samaritans" who might offer cleanup assistance at abandoned hardrock mines.
The fourth issue concerns Superfund's role at animal feeding operations. Stakeholders argue about whether these operations should be required to report ammonia air emissions, primarily resulting from animal waste, as hazardous substance releases. This issue also concerns the responsibility for releases of animal waste that reach water bodies.