Superfund Cleanup Standards Reconsidered

97-914 ENR

CRS Report for Congress

Received through the CRS Web

Superfund Cleanup

Standards Reconsidered

October 2, 1997

(name redacted)

Analyst in Environmental Policy

(name redacted)

Environmental Information Analyst

Environment and Natural Resources Policy Division

Congressional Research Service ˜ The Library of Congress

Superfund Cleanup Standards Reconsidered

Summary

For Congress, the reauthorization of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known

as Superfund, has particularly focused on two major areas of reform: liability and the

selection of cleanup standards/remedies. This report addresses the latter, and within

that general topic, discusses six issues that have received attention from a number of

stakeholders: the role of risk assessment; cost-effectiveness of treatment; complete

or partial elimination of what are called ARARs (the statutory requirement that

Applicable or Relevant and Appropriate Requirements from federal and state

environmental and facility-siting laws be applied to Superfund site cleanups) and

elimination of the statute’s preference for permanence and treatment; future land use

considerations; the role of the states; and community involvement in the remedy

selection process. The report contains brief summaries of the pertinent provisions

of the leading Senate bill, S. 8, as it appears in the "draft chairman's mark" of August

26,1997.

To address the criticism that the Superfund program favors excessively costly

remedies, some critics argue that the Environmental Protection Agency (EPA) should

change its risk assessment procedures and increase the role of risk assessment in

selecting remedies. Other recommended reforms include establishing a single

national risk criterion for cleanup decisions rather than the current use of risk ranges.

Some stakeholders suggest elevating the importance of cost in EPA’s evaluation of

alternative cleanup strategies. Cost is currently considered in evaluating alternatives;

however, critics claim that the statute’s deference to ARARs and its preference for

permanence and treatment (as opposed to containing waste and controlling land use)

have resulted in high cleanup costs. Some stakeholders cite Superfund's reliance on

ARARs for determining site specific cleanup standards as the cause for lengthy

debates over which federal or state regulations (or combinations thereof) apply to a

site and for the selection of more costly remedies than are necessary to protect

human health and the environment.

Stakeholders who advocate elevating the role of risk assessment in selecting

remedies also urge increased consideration of a Superfund site’s future land and

water use. Many of these stakeholders advocate that state and local governments,

rather than EPA, decide future land and ground water use. Some critics of Superfund

claim that the current system of shared federal and state responsibility leads to delay,

duplication of effort, confusion among stakeholders, and higher transaction costs.

Some states want full Superfund authority, and others only want delegation of the

federal program. Some stakeholders are in favor of full authority for the states, while

others are concerned about the burden on businesses that responding to as many as

50 state programs could create. The degree of community involvement in the

process of selecting cleanup remedies is an additional topic of debate.

Though often heavily criticized since its passage, the goals of Superfund are

widely supported. Since 1980, the program has improved practices in the

management of hazardous wastes to protect human health and the environment, and

is an evolving instrument.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Administrative Reforms to the Superfund Program . . . . . . . . . . . . . . . . . . . 3

Stakeholder Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Cleanup Standards: What the Current Law Requires . . . . . . . . . . . . . . . . . . . . . . 6

The Role of Risk Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Cost-Effectiveness of Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

ARARs and Preference for Permanence and Treatment . . . . . . . . . . . . . . . . . . . 15

ARARs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

The Preference for Permanence and Treatment . . . . . . . . . . . . . . . . . . . . . . 17

The “Technical Impracticability” Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Future Land, Ground Water, and Resource Use . . . . . . . . . . . . . . . . . . . . . . . . . 21

The Role of States in the Remedy Selection Process . . . . . . . . . . . . . . . . . . . . . 23

Community Involvement in the Remedy Selection Process . . . . . . . . . . . . . . . . 25

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Superfund Cleanup

Standards Reconsidered

Introduction

A key issue in the 105th Congress is reforming the Superfund program, which

cleans up the nation's most hazardous waste sites. While the program has improved

the practices in managing hazardous wastes to protect human health and the

environment, there appears to be consensus between the public and private sectors

that reform is necessary to increase the pace of cleanups and lower remedial costs,

although there is disagreement over how to accomplish this objective. The

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), P.L. 96-510, established the Superfund program, and the Environmental

Protection Agency (EPA) administers it and is responsible for adding hazardous

waste sites to the National Priorities List (NPL). The law provides for cleanup and

emergency response for hazardous substances released into the environment, cleanup

of inactive hazardous waste disposal sites, and retroactive, strict, joint, and several

liability for potentially responsible parties (PRPs). The Superfund Amendments and

Reauthorization Act of 1986 (SARA), P.L. 99-499, revised and expanded CERCLA

and introduced new cleanup standards into the program in an attempt by Congress

to add statutory language which would clarify for federal officials and PRPs

appropriate cleanup remedies to be selected for contaminated sites. While SARA's

intent was to improve the quality and pace of site remediation, critics maintain that

Superfund's problems have not been solved.

The current debate in Congress on the reauthorization of Superfund has focused

particularly on two major areas: liability reform and remedy selection/cleanup

standards. This is not to say that there is total agreement in other areas. Allowing

the states to assume as much of the Superfund program as they are able and willing

to do appears to have fairly wide acceptance, but a subject of serious debate is under

what conditions (if any) EPA can re-assert its jurisdiction over a facility. CERCLA's

natural resource damage provisions are also contentious as business interests seek

to place limits on the amounts they could be assessed to restore or replace lost or

devalued resources. There appears to be fairly broad agreement on other topics, such

as allowing communities a greater voice in the decision-making process, recognizing

and expanding the brownfields program for cleaning up less serious sites, and

assisting states with their voluntary cleanup programs.

Three committees have a primary role in reauthorizing the program:

Environment and Public Works in the Senate; and Commerce, and Transportation

and Infrastructure in the House. (The taxes that feed the Superfund trust fund are

under the jurisdiction of the House Ways and Means, and Senate Finance

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Committees.1) All three have held hearings in the present Congress,2 as well as in

the 103rd and 104th.

Senator Bob Smith, chairman of the Environment Subcommittee on Superfund,

Waste Control, and Risk Analysis introduced S. 8 on January 21, 1997, one of 10

bills put forth as the Senate Republican Agenda for the 105th Congress. In late

August the subcommittee released a "draft chairman's mark" of S. 8 that was the

result of negotiations with the administration and Democratic senators.3 A hearing

on the revised bill was held September 4. The markup scheduled for September 11

was postponed to allow further discussions.

In the House, an effort reportedly is being made to achieve consensus between

the majority and minority before a bill is introduced. The Commerce and

Transportation Committees are working independently of each other. According to

news reports, majority and minority staff in both committees have exchanged draft

language on several titles of a bill, including one on remedy selection and cleanup

standards. The Transportation staffs reportedly are meeting and negotiating virtually

daily, and expect to have a bill out before the end of October. EPA is providing

technical assistance but is not currently participating in the exchange of views.4

Stakeholders with an interest in Superfund include PRPs, attorneys, the

insurance industry, medical health professionals, citizen and environmental

organizations, federal agencies involved in Superfund cleanups, state and local

governments, the remediation technology industry, and land development firms.

Many of these stakeholders have broadly criticized Superfund and argue that the

statute's cleanup standards are partly responsible for the slow place of cleanups due

to the extensive process required to select remedies and have led to cleanup costs that

are higher than necessary to protect human health and the environment. Superfund's

critics believe that the statute's cleanup standards must be changed to improve the

1

For a discussion of Superfund’s taxing and trust fund provisions, please refer to CRS

Report 96-774 E, Taxes to Finance Superfund, by (name redacted).

2

Senate Environment and Public Works held hearings on March 4, 1997 (oversight of

brownfields cleanup), March 5 (stakeholder views of S. 8), and September 4 (stakeholder

views of the chairman's mark of S. 8). House Transportation and Infrastructure held hearings

on March 5, 1997 (lessons from the states), March 12 (views of EPA Administrator Carol

Browner), and April 10 (stakeholder views on EPA's management of the program,

administrative changes, and proposals for legislation). House Commerce held hearings on

February 14 and March 7 (field hearings in New York City and Columbus, Ohio, on federal

barriers to common sense cleanups), and September 4 (views of members on operation of

the program).

3

The text of the draft chairman's mark, as well as a CRS summary of the draft are

available at the committee's website:

http://www.senate.gov/~epw/

4

Telephone communications with committee staff, September 1-12, 1997, and press

reports, e.g., "Bipartisan Agreement Not Yet Reached in Transportation Committee, Aide

Says," Daily Environment Report, September 26, 1997, p. A-5; "Democrats Offer Eight

Reform Goals in Attempt to Prod House Subcommittee," Environment Reporter, September

12, 1997, p. 845; and "House Democrats Defend Remedy Proposal from Industry Criticism,"

Superfund Report, August 20, 1997, p. 5-7.

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program's pace and lower cleanup costs. To address these concerns while protecting

public health, Congress is attempting further to define Superfund’s cleanup goals and

the methods used to attain these goals.

To assist Congress in its consideration of proposals to revise Superfund's

cleanup standards, this report discusses the existing standards under current law and

recommendations for revising them offered by stakeholders in the debate. The report

relies primarily on information provided in congressional hearings, including the one

held on September 4, 1997, by Senate Environment and Public Works. Among the

questions being asked about reforming Superfund's cleanup standards are:

! Should cleanup decisions be based more on risk assessment considerations

and less on fixed numerical criteria?

! Is the statute’s preference for treatment and permanent solutions reasonable?

! How much weight should the cost of a remediation be given in the cleanup

decision?

! Should cleanup decisions be based on a single health risk value or on a range

of them?

! Do scientists have the capability to accurately predict health effects from

various levels of exposure for all who may come in direct or indirect contact

with the hazardous substances involved?

The law’s lack of a national uniform level of cleanup has been a major source

of controversy for the Superfund program. The reauthorization debate in the 104th

and 105th Congress has provided a forum for stakeholders to outline their

recommendations and proposals for reforming Superfund's cleanup standards. This

report discusses the following issues that have arisen in the debate:

! the role of risk assessment;

! cost-effectiveness of treatment;

! elimination of applicable or relevant and appropriate requirements (ARARs)

and preference for treatment and permanence;

! future land, ground water, and other resource use;

! the role of the states; and

! community involvement in the remedy selection process.

Administrative Reforms to the Superfund Program

In response to the debate over Superfund's problems, EPA began to implement

a series of administrative reforms in 1993 to increase the pace of cleanups and lower

cleanup costs while maintaining the same standards of protection for human health

and the environment. While the revisions have not altered Superfund's cleanup

standards, they have simplified the process of selecting remedial actions at certain

sites through the use of presumptive remedies, which are cleanup solutions that EPA

has successfully used at particular categories of sites. The advantage of using them

is that they are preapproved and not subject to the time and costs of extensive

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analysis required for other remedies. So far, EPA claims the use of presumptive

remedies has resulted in faster cleanups and that, overall, its reforms have reduced

the average cleanup time by more than one year.5 At a hearing held in April 1997,

the Superfund Settlements Project (a business organization with ten corporate

members) testified that EPA's administrative changes have helped to improve

Superfund, but alone are not sufficient to solve the program’s problems.6 The

Project's members argued that comprehensive legislation is necessary to revise the

current cleanup standards and process of selecting remedies if the pace of cleanups

is to increase and remedial costs are to decrease.

Stakeholder Views

EPA and the states determine cleanup standards for each site based on statutory

requirements and preferences, and based on ARARs, which are state and federal laws

and regulations determined to be applicable, or relevant and appropriate. EPA uses

risk assessments to set cleanup levels if no such standards have been established for

the contaminants at the site.

The selection of "applicable, relevant, and appropriate" laws and regulations is

highly discretionary because each site has its own set of unique conditions which

must be evaluated. Many stakeholders have argued that ARARs and other factors

have led to confusion about which cleanup levels are required, cleanup costs that are

unnecessarily high, and sites that have been cleaned to different risk goals. One

proposal for reform is to place more emphasis on risk assessment (eliminating the

ARARs requirement) when determining how clean a site should be rendered.

Supporters of this proposal claim that the elimination of the statute’s ARARs

requirement would result in less costly site remediations and savings to the

Superfund program. Some stakeholders also would like to see modification of

EPA’s risk assessment methods to reduce reliance on what they see as overly

protective assumptions and models.

The Superfund program has also been criticized as being too slow in achieving

its goal. Delays in cleanup have been attributed to the statute’s ambiguity regarding

cleanup levels, as well as other factors. To address this issue, some participants in

the Superfund reform debate advocate establishing a single, national risk

management goal which would also provide equal protection from hazardous waste

for all communities.

PRPs have complained that EPA has little regard for the cost-effectiveness of

its selected remedies. CERCLA requires the implementation of cost-effective

5

Carol M. Browner, Administrator, Environmental Protection Agency. Testimony

submitted to the Senate Committee on Environment and Public Works, Subcommittee on

Superfund, Waste Control, and Risk Assessment. March 5, 1997. Superfund Cleanup

Acceleration Act of 1997. S. Hrg. 105-60. 105th Congress, 1st Session. p. 345.

6

Superfund Settlements Project. Testimony submitted to the House Committee on

Transportation and Infrastructure, Subcommittee on Water Resources and Environment.

April 10, 1997. Superfund Reauthorization: EPA's Management of the Superfund Program,

Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st

Session. p. 500.

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remedial actions for contaminated sites; however, it also requires that the degree of

cleanup “at a minimum assures protection of human health and the environment.”7

One of the challenges of the current Superfund reauthorization effort is to calibrate

these goals in combination and produce workable solutions. Some reform proposals

seek to elevate the importance of cost considerations in the Superfund remedy

selection process. Others want to reduce costs by facilitating selection of remedies

that have historically been effective (often referred to as presumptive remedies).

Some stakeholders have called for complete or partial elimination of the

ARARs requirement in order to streamline the process used to establish site cleanup

standards and to enable EPA to place heavier emphasis on risk assessment and cost

of a remedial action. In addition to eliminating the ARARs requirement, some critics

call for the elimination of the statutory preference for permanent treatment solutions.

At a hearing held in April 1997, the Chemical Manufacturers Association testified

that the selection of remedies should be based on realistic assessments of risk and

considerations of technical practicability, reliability, cost, and community acceptance

not by artificial preferences and standards.8 Some critics also claim that containment

measures, institutional controls such as deed restrictions, and treatment should be

considered equally among remedies and argue that a preference for treatment should

be reserved for “hot spots” of contamination.

There is broad consensus that future land use must be considered in determining

the appropriate cleanup standard on which to base a remedial design. "Appropriate"

consideration of land use is expected to lead to more cost-effective cleanups at a

reasonable pace. Land use is currently considered in the remedy selection process.

However, critics claim that states and local governments should have more input into

future land use determinations. Others argue that if cleanup decisions are not based

on conservative land use assumptions (i.e., residential or recreational, as opposed to

industrial), communities that are located near non-residential areas, for example

industrial sites, will be at greater health risk than those communities which are not

located near such sites.

Some stakeholders claim that the current system of shared federal and state

responsibility has caused delay, duplication of effort, and confusion among

stakeholders. The issue is whether states should be given full program authority or

whether states should be given program delegation. Full program authority would

enable states with such authority to implement their own versions of a Superfund

program, while program delegation would give states the authority to implement the

federal program. Notably, however, some others oppose any increase in state

responsibility.

The success of Superfund is measured not only by the number of sites cleaned

and reasonable costs associated with running the program, but also by public

7

8

CERCLA, as amended, Section 121(d)(1).

Chemical Manufacturers Association. Testimony submitted to the House Committee

on Transportation and Infrastructure, Subcommittee on Water Resources and Environment.

April 10, 1997. Superfund Reauthorization: EPA's Management of the Superfund Program,

Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st

Session. p. 491.

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acceptance of treatment decisions which affect their communities. SARA recognized

the importance of community involvement with the introduction of the Technical

Assistance Grants (TAG) program, which provides citizens with information on the

selection and implementation of cleanup remedies at sites adjacent to their

communities. Current suggestions for reform include increasing earlier community

involvement in the decision making process and expanding the TAG program to

increase public understanding of cleanup decisions.

In response to some of the stakeholder concerns discussed above, S. 8 would

establish a general rule requiring the selection of a cost-effective remedy that

protects human health and the environment, and attains or complies with applicable

federal and state laws. Remedial actions would be selected according to site-specific

conditions and risks based on the reasonably anticipated future use of the site.

Regarding ARARs, S. 8 would retain the applicable requirements of federal and state

law but would require states to re-examine other “relevant and appropriate”

requirements (although they are not called that in the bill). The bill would require

a remedy, if technically practicable, to protect uncontaminated ground water and to

restore contaminated ground water. The bill would remove the preference for

permanence and treatment; it would allow the de-listing and reuse of the

uncontaminated portions of Superfund sites; and it would provide for expedited delisting of sites where construction to perform a remedial action is complete but

activities to operate and maintain it continue.

Cleanup Standards:

What the Current Law Requires

In 1980, the original Superfund statute included little guidance for regulators

or PRPs when evaluating alternatives for cleaning up sites.

Section 104(c)(4) of CERCLA required selection of remedial actions that were

in accordance with the National Contingency Plan ‘to the extent practicable’ and

that provided for ‘cost-effective response which provides a balance between the

need for protection of the public health and welfare ... and the availability of

amounts from the fund....’9

CERCLA’s original cleanup requirements proved to be subject to interpretation, and

cleanup decisions were often subject to delay and challenge. In 1986, SARA

amended CERCLA to introduce new cleanup standards. The new standards, which

are in effect today, were Congress’s attempt at providing statutory guidance on the

question of “how clean is clean?”

Current law requires EPA and other federal agencies to comply with federal and

state ARARs when determining cleanup standards to be followed for wastes treated

on-site. The statute does not contain its own cleanup standards; rather, it relies on

ARARs to ensure that 1) response actions are protective of human health and the

9

Hayes, David J., and Conrad B. MacKerron. Superfund II: A New Mandate; A BNA

Special Report [Environment Reporter, v. 17, no. 42, Part II, February 13, 1987].

Washington, The Bureau of National Affairs. p. 37.

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environment, and 2) applicable state and federal laws and regulations are not violated

during the cleanup procedure. The statute also requires that numerical standards

derived from the Safe Drinking Water Act and water quality criteria established

under the Federal Water Pollution Control Act would be applicable to the cleanup

process if determined relevant and appropriate by federal and state regulators. In

addition, the law states a strong preference for permanence and treatment of wastes

instead of containment and discourages off-site disposal options, but does not

address land use requirements:

Remedial actions in which treatment which permanently and significantly reduces

the volume, toxicity or mobility of the hazardous substances, pollutants, and

contaminants is a principal element, are to be preferred over remedial actions not

involving such treatment.10

For cases in which there are no federal or state ARARs, the law requires EPA

to select remedial actions that assure protection of human health and the environment

and that are relevant and appropriate.11 In practice, EPA's guidance documents call

for a level of remediation that will protect the public from unacceptable cancer and

non-cancer health risks or adverse environmental effects.12 Such remediation

generally provides a level of protection within the range of 1 in 10,000 to 1 in

1,000,000 in lifetime cancer risk or below a predetermined index for noncarcinogens.13

The Role of Risk Assessment

Some critics of Superfund claim that EPA’s risk assessment procedure should

be changed because it is responsible for the slow pace of remediation and that it

leads to excessive cleanup costs by assuming unrealistic dangers to human health and

the environment. Some stakeholders recommend that "more realistic" assumptions

of pathways through which exposure could occur are necessary and support a larger

role for risk assessment in the remedy selection process. Other critics, pursuing more

stringent policies, believe that EPA’s current use of risk ranges is unacceptable.

Instead, they advocate the establishment of a single, national risk criterion for

cleanup decisions.

Risk assessment is the determination, through formal or informal scientific

procedures, of probable health and other effects from exposure to a potential danger

(the term is also applied to the field underlying and establishing such

10

CERCLA, as amended, Section 121(b)(1).

11

CERCLA, as amended, Section 121(d)(1).

12

Environmental Protection Agency. Office of Solid Waste and Emergency Response.

Guidance for Evaluating the Technical Impracticability of Ground Water Restoration.

EPA/540-R-93-080. September 1993. p. 9.

13

Ibid.

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determinations). For purposes of this report, risk assessment refers to various EPA

methods for evaluating and comparing risks at Superfund sites.14

EPA currently uses risk assessment at several points in the Superfund program.

It first conducts rough risk assessments at each site to determine whether

contaminants pose a current or potential threat to human health or the environment.

If EPA determines that a site poses a significant threat, the agency adds it to the

NPL. These risk assessments adhere to methods detailed in the National

Contingency Plan (NCP, codified at 40 CFR 300). Appendix A to the NCP describes

the Hazard Ranking System (HRS) as:

the principle mechanism the Environmental Protection Agency (EPA) uses to

place sites on the National Priorities List (NPL). The HRS serves as a screening

device to evaluate the potential for releases of uncontrolled hazardous substances

to cause human health or environmental damage. The HRS provides a measure

of relative rather than absolute risk. It is designed so that it can be consistently

applied to a wide variety of sites.15

For NPL sites, EPA then uses risk assessment to determine the necessary level

of cleanup and to evaluate appropriate cleanup remedies. The remedial investigation

and feasibility study (RI/FS) phase of the Superfund program uses risk assessment

to characterize the nature and extent of risks posed by uncontrolled hazardous waste

sites and for evaluating remedial options.16 The remedial investigation (RI) gathers

information sufficient to support a risk management decision, including likely

current and future risk associated with human exposures to releases from the site.

The feasibility study (FS) develops, screens, and evaluates alternative remedial

actions. During the FS phase, EPA determines the cleanup goals necessary for

protecting human health and the environment. First, EPA develops preliminary

objectives for performing remedial actions based on readily available information

such as ARARs and numerical criteria. Then, EPA bases the final objectives on

results of the baseline risk assessment and an evaluation of expected exposures and

associated risks for each alternative.

As described by EPA, the intent of the RI/FS process is to provide a “dynamic,

flexible process that can and should be tailored to specific circumstances at

individual sites; it is not a rigid step-by-step approach that must be conducted

identically at every site.”17 Some critics have claimed that, in practice, EPA does not

apply this flexibility and that the agency selects excessively costly remedies more

often than cost-effective ones. Many stakeholders have argued that the current risk

assessment process is responsible for the selection of exceedingly costly remedies.

14

For more information about risk assessment, please refer to CRS Issue Brief 94036,

The Role of Risk Analysis and Risk Management in Environmental Protection, by (name re

dacted).

15

40 C.F.R. Part 300, Appendix A, section 1.0.

16

CERCLA, as amended, Section 120(e).

17

Environmental Protection Agency. Office of Emergency and Remedial Response.

Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA.

EPA/540/G-89/004. October 1988. p. 1-3.

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An EPA guidance document on the RI/FS process addresses the challenges faced by

project managers:

The project manager’s central responsibility is to determine how best to use the

flexibility built into the process to conduct an efficient and effective RI/FS that

achieves high quality results in a timely and cost-effective manner. A significant

challenge project managers face in effectively managing an RI/FS is the inherent

uncertainties associated with the remediation of uncontrolled hazardous waste

sites.18

Some stakeholders criticize EPA’s cautious approach in exercising the

flexibility built into the statute. However, one reason that EPA takes this approach

is because considerable information to assess health risks is still not available, and

medical research has shown that health effects are linked to exposure to toxic wastes,

though levels of effect are often unclear. In addressing the link between health

effects and exposure to toxic substances, Barry L. Johnson, Ph.D., Assistant

Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR,

the federal agency responsible for health-related authorities under CERCLA),

testified at a hearing held in May 1995 about health effects from exposure to

hazardous substances.19 In summary, ATSDR found that proximity to hazardous

waste sites seems to be associated with a small to moderate increased risk of some

kinds of birth defects and, less well documented, some specific cancers and health

problems.20 At a hearing held in April 1997, Bailus Walker, Ph.D., represented the

American Public Health Association and provided a public health perspective on

dealing with toxic substances that can affect human health:

The underlying purpose of Superfund is to prevent disease and disability due to

toxic exposures. Human exposures to toxic substances have many potential

adverse health outcomes, including neurological damage, birth defects, and

cancer. Preventing the exposure of entire communities to potentially devastating

health consequences is no less important than protecting people from infectious

diseases such as polio or diphtheria, or protecting them from food poisoning.

Identifying potential health hazards and cleaning up hazardous waste sites are just

as important in protecting public health as vaccinating children or requiring safe

food processing.21

18

Ibid.

19

Barry L. Johnson, Ph.D., Assistant Surgeon General, Public Health Service,

Department of Health and Human Services. Testimony submitted to the House Committee

on Commerce, Subcommittee on Commerce, Trade, and Hazardous Materials. May 23,

1995. Superfund Reauthorization: Remedy Selection. H. Hrg. 104-30. 104th Congress, 1st

Session. p. 51.

20

ATSDR partially funded a study released in June 1997 by the California Department

of Health Service’s Birth Defects Monitoring Program, which concluded that women living

within 1/4 mile of a Superfund site during the first trimester of pregnancy were between two

and four times as likely to have children with certain birth defects.

21

Bailus Walker, Ph.D., American Public Health Association. Testimony submitted

to the House Committee on Transportation and Infrastructure, Subcommittee on Water

Resources and Environment. April 10, 1997. Superfund Reauthorization: EPA's

Management of the Superfund Program, Administrative Changes, and Proposals for

(continued...)

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Those who support EPA’s expansive public health approach (including some

in the scientific community) claim that scientists may have been too optimistic in

assessing health implications from exposure to toxics (that is, they may

underestimate risk). They maintain that it is necessary for EPA to use adequate

safety margins in their health assessments because critical information about the link

between hazardous waste and health effects is still lacking. ATSDR asked the

National Research Council (NRC) to review current knowledge of human health

effects caused by exposure to hazardous waste sites. Their 1991 report maintained:

“Until better evidence is developed, prudent public policy demands that a margin of

safety be provided regarding potential health risks from exposures to substances from

hazardous waste sites.”22 It explained, “We do no less in designing bridges and

buildings. We do no less in establishing criteria for scientific credibility. We must

surely do no less when the health and quality of life of Americans are at stake.”23

Critics of EPA’s risk assessment methodology believe that the agency's caution

has become excessive to the point of precluding reasonable choices of less costly

remedies. For example, the National Environmental Policy Institute has attacked

EPA’s method of estimating risk, claiming that worst case scenarios are used when

more moderate ones could sufficiently protect human health and the environment.24

In response, Elliott Laws, Assistant Administrator for EPA’s Office of Solid Waste

and Emergency Response testified:

Prior to 1990, Superfund risk assessments relied heavily on the ‘worst case

scenario.’ Since then we have used a peer reviewed guidance for risk assessments

that employs site specific information on contaminant concentrations, exposure

pathways and land use, which make the risk assessment more realistic. EPA’s

current risk assessment process seeks to protect the majority of individuals near

Superfund sites.25

At a hearing held in April 1997, the Chemical Manufacturers Association

(CMA) disagreed and claimed that EPA’s current risk assessments continue to be

based on unrealistic exposure pathways and improbable assumptions about

individual vulnerability to health effects. Further, CMA stated that EPA has not yet

implemented certain administrative reforms to address this problem:

21

(...continued)

Legislation. H. Hrg. 105-8. 105th Congress, 1st Session. p. 519-520.

22

National Academy of Sciences, National Research Council. Environmental

Epidemiology Public Health and Hazardous Wastes. National Academy Press, Washington,

D.C., 1991. p. 21

23

Ibid. p. 270.

24

Steven J. Milloy, National Environmental Policy Institute. Testimony submitted to

the Senate Committee on Environment and Public Works, Subcommittee on Superfund,

Waste Control, and Risk Assessment. April 5, 1995. Superfund Reassessment and

Reauthorization: Risk Assessment. S. Hrg. 104-279. 104th Congress, 1st Session. p. 504.

25

Elliott P. Laws, Assistant Administrator, Office of Solid Waste and Emergency

Response, Environmental Protection Agency. Testimony submitted to the Senate Committee

on Environment and Public Works, Subcommittee on Superfund, Waste Control, and Risk

Assessment. April 5, 1995. Superfund Reassessment and Reauthorization: Risk Assessment.

S. Hrg. 104-279. 104th Congress, 1st Session. p. 533.

CRS-11

With regard to procedure, EPA reports that it has granted 28 requests from PRPs

to perform risk assessments and denied only two in FY1996 and the first quarter

of FY1997. Again, there may be disagreement over the precise numbers. But

there is no question that EPA is now approving PRP requests to conduct risk

assessments in cases where they would have denied requests before this reform

was put in place. CMA welcomes this change, and applauds the agency’s efforts.

With regard to substance, on the other hand, EPA’s initiative to focus risk

assessments on more realistic exposure scenarios is not in place yet and thus

cannot be implemented at the sites. According to EPA, moreover, this reform can

be expected no sooner than 1998. In the meantime, there is still concern that

many risk assessments will continue to include unrealistic exposure scenarios.26

Other critics, pursuing more rigorous regulation, complain that the current risk

assessment process is too flexible and consequently responsible for differing cleanup

goals, remedies, and costs site-by-site across the country. A number of stakeholders,

including environmental organizations, state and local governments, and

environmental health organizations call for the establishment of a single risk

management goal. Environmental organizations and community groups have been

opposed to EPA’s use of the risk range, described in the Cleanup Standards section

of this report, because it affords EPA the latitude to provide communities with

differing levels of protection without explanation. The Environmental Defense Fund

supports a national uniform cleanup goal that would assure communities around the

country a baseline with a high level of protection and require the evaluation of risks

to groups with higher susceptibility to exposure than the average individual, such as

children, chronically ill persons, and subsistence farmers.27 PRPs and communities

have often been left wondering how and why a particular cleanup remedy was

selected. Some have argued that establishing a national risk protocol would avoid

site-by-site debate and confusion by requiring EPA to develop national cleanup

models and standards. In the 103rd Congress, the Administration’s unsuccessful

Superfund reauthorization bill (H.R.3800/S.1834) included the establishment of

national cleanup goals and methodologies. In the 104th and 105th Congresses,

legislation to reform Superfund has not proposed national cleanup goals or

methodologies.

EPA also uses risk assessments to develop priorities for funding cleanup

projects. As part of its administrative reforms to Superfund, EPA established a

National Risk-Based Priority Panel in August 1995.28 The panel ranks the priority

26

Chemical Manufacturers Association. Testimony submitted to the House Committee

on Transportation and Infrastructure, Subcommittee on Water Resources and Environment.

April 10, 1997. Superfund Reauthorization: EPA's Management of the Superfund Program,

Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st

Session. p. 486.

27

Karen Florini, Senior Attorney, Environmental Defense Fund. Testimony submitted

to the Senate Committee on Environment and Public Works, Subcommittee on Superfund,

Waste Control, and Risk Assessment. March 5, 1997. Superfund Cleanup Acceleration Act

of 1997. S. Hrg. 105-60. 105th Congress, 1st Session. p. 387.

28

Carol M. Browner, Administrator, Environmental Protection Agency. Testimony

submitted to the House Committee on Transportation and Infrastructure, Subcommittee on

Water Resources and Environment. March 12, 1997. Superfund Reauthorization: Views of

(continued...)

CRS-12

of cleanup projects based on risk rather than ranking sites simply on a first-come,

first-served basis as in previous years. The panel ranks projects according to the

principle of addressing the worst problems first. The panel’s evaluation of a site

includes the following factors: risks to human health and the environment, stability

and characteristics of the contaminants, and economic, social, and program

management considerations. Generally, cleanup projects are funded in the order of

priority as recommended by the panel. EPA reports that by early 1997 the panel had

ranked projects totaling nearly $1 billion in cleanup costs.

S. 8 addresses the role of risk assessment in cleanup decisions by requiring

remedies to be not only cost-effective but also to be selected on the basis of a

facility-specific risk evaluation and future use. A remedy would be considered to

protect human health if it has a risk range for cancer resulting from exposure at the

facility of 1 in 10,000 to 1 in 1,000,000 for the affected population and if exposure

to non-carcinogens does not pose an appreciable risk of deleterious effects. In

selecting a remedy, EPA must take into account exposure pathways based on

anticipated future use (industrial, commercial, residential, etc.). The risk evaluation

must use chemical- and site-specific testing data, and where that data is unavailable,

an acceptable range of realistic and scientifically supportable default assumptions

regarding human exposure and site-specific conditions, instead of worst case

assumptions; must ensure that the exposed populations and all pathways are

accurately evaluated; must consider current and anticipated future use of land and

water resources in estimating exposure; and must consider the use of institutional

controls. The following balancing factors are to be considered in selecting a remedy:

effectiveness in protecting health and the environment, long-term reliability, shortterm risks during cleanup, acceptance by the community, technical feasibility from

an engineering perspective, and reasonableness of cost.

Cost-Effectiveness of Treatment

According to some critics of Superfund, CERCLA’s lack of national cleanup

standards, its reliance on ARARs, and its preference for permanent cleanups and use

of treatment technologies have resulted in cleanup remedies that are more stringent

and more costly than necessary to protect human health and the environment. The

existing statutory requirements for remedial actions specifically call for

consideration of the cost-effectiveness of the selected remedy. Cost is one of nine

criteria that EPA uses when analyzing alternatives for a remedial action.29 However,

EPA recognizes that, in practice, cleanup costs are often high due to the statute’s

deference to ARARs and its preference for permanence and treatment.30 A number

28

(...continued)

EPA Administrator Carol Browner. H. Hrg. 105-8. 105th Congress, 1st Session. p. 269.

29

Environmental Protection Agency. Office of Emergency and Remedial Response.

Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA.

EPA/540/G-89/004. October 1988. p. 6-3.

30

Carol M. Browner, Administrator, Environmental Protection Agency. Testimony

submitted to the House Committee on Transportation and Infrastructure, Subcommittee on

(continued...)

CRS-13

of stakeholders have offered proposals which would require EPA to consider the

cost-effectiveness of a cleanup solution as a more prominent factor in its evaluation

of alternatives to a remedial action.

One suggestion to reduce program costs is to permit the use of “presumptive

remedies” or remedies that EPA has historically used at particular categories of sites,

which could be preapproved in order to avoid costs of extensive analysis currently

required. However, some critics oppose using presumptive remedies because they

essentially offer generic solutions that may not be able to address specific problems

with contamination sufficiently, which could lower the level of protection for human

health and the environment. Steven A. Herman, Assistant Administrator of EPA’s

Office of Enforcement and Compliance and Timothy Fields, Jr., Acting Assistant

Administrator of EPA’s Office of Solid Waste and Emergency Response, testified

at a hearing held in April 1997 that EPA has begun to use presumptive remedies

successfully at certain types of sites:

Presumptive remedies are based on scientific and engineering analyses performed

at similar Superfund sites and are used to eliminate duplication of effort, facilitate

site characterization, and simplify analysis of cleanup options. EPA issued

presumptive remedy guidances for the following: municipal landfill sites, sites

with volatile organic compounds in soil, wood treater sites (with an update two

years later), and a ground water presumptive response strategy. Regions are

reporting significant reductions in costs and time required to complete remedies.

A recent Office of Inspector General report focused on an independent review of

the use of a presumptive remedy and concluded that ‘Use of a presumptive

remedy increased consistency in decision making by taking advantage of lessons

learned at similar sites, and allowed speedup of the Feasibility Study process.’31

Some advocates believe that accomplishments in state hazardous waste cleanup

programs can suggest effective ways to reform Superfund. The state of Michigan

revised the cleanup standards for its program after examining certain elements that

it considered to be overly conservative. Russell J. Harding, Director of the Michigan

Department of Environmental Quality, testified that costs have significantly declined

as a result of revising the state’s cleanup standards:

These changes [in cleanup standards] resulted in a 50% reduction in our cleanup

costs. The principal reasons for these astounding cost savings were adopting

land-use-based cleanups, allowing no-action ground water cleanups, eliminating

a previous presumption that a useable aquifer was always a viable migration

30

(...continued)

Water Resources and Environment. June 27, 1995. Superfund Reauthorization: Federal

Agency Perspectives. H. Hrg. 104-22. 104th Congress, 1st Session. p. 861.

31

Steven A. Herman, Assistant Administrator, Office of Enforcement and Compliance

Assurance and Timothy Fields, Jr., Acting Assistant Administrator, Office of Solid Waste

and Emergency Response, Environmental Protection Agency. Testimony submitted to the

House Committee on Transportation and Infrastructure, Subcommittee on Water Resources

and Environment. April 10, 1997. Superfund Reauthorization: EPA's Management of the

Superfund Program, Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8.

105th Congress, 1st Session. p. 449-450.

CRS-14

pathway for contaminants leaching from soil, and changing the acceptable cancer

risk level from 1 in 1,000,000 to 1 in 100,000.32

The Department of Defense (DOD) currently has 123 hazardous waste sites on

the NPL. In the 104th Congress, the department proposed reforms intended to cut

costs and speed the cleanup of contaminated sites. At a hearing held on June 27,

1995, DOD's Deputy Under Secretary of Defense for Environmental Security, Sherri

W. Goodman, recommended modifications to the remedy selection process, one of

which was:

Elevate the role of cost when considering other factors in remedy selection.

Currently, cost-effectiveness is one of nine considerations regulators use in

making a cleanup decision. By elevating the importance of cost, we can provide

a more prudent use of our resources.33

To date, DOD has not stated its current position on Superfund reform at hearings

during the 105th Congress.

Senator Smith’s bill would require that EPA select a cost-effective remedy that

protects human health and the environment and complies with other federal and state

laws. It elevates the role of cost when selecting remedies by defining "technically

impracticable" to mean impracticable due to engineering infeasibility or unreliability,

or inordinate costs (emphasis added). Also, reasonableness of cost is one of six

factors that must be balanced when selecting a remedy. (The other five are:

effectiveness in protecting health and the environment, reliability in protection over

the long-term, the short-term risk posed by implementing the remedy, acceptability

to the community, and implementability).

The bill would direct EPA to establish presumptive remedies for commonly

encountered types of contaminated facilities; presumptive remedies would not be

limited to treatment, but may include institutional and standard engineering controls.

The bill also would require EPA to establish remedy review boards to determine

whether a cleanup plan is consistent with cleanup standards under section 121 of

CERCLA, and to consider the reasonableness of the cost and other factors. This

provides an opportunity for the PRPs to argue for an alternative treatment that would

be less costly.

32

Russell J. Harding, Director, Michigan Department of Environmental Quality.

Testimony submitted to the House Committee on Transportation and Infrastructure,

Subcommittee on Water Resources and Environment. March 5, 1997. Superfund

Reauthorization: Lessons from the States. H. Hrg. 105-8. 105th Congress, 1st Session. p.

100.

33

Sherri W. Goodman, Deputy Under Secretary of Defense for Environmental Security,

Department of Defense. Testimony submitted to the Committee on Transportation and

Infrastructure, Subcommittee on Water Resources and Environment. June 27, 1995.

Superfund Reauthorization: Federal Agency Perspectives. H. Hrg. 104-22. 104th Congress,

1st Session. p. 892.

CRS-15

ARARs and Preference

for Permanence and Treatment

ARARs

CERCLA section 121(d)(2)(A) requires that selected remedial actions for

hazardous wastes left on-site attain legally Applicable or Relevant and Appropriate

standards, Requirements, criteria, or limitations. State ARARs must be met if they

are more stringent than the federal requirements. Federal environmental laws cited

in CERCLA include: the Toxic Substances Control Act, the Safe Drinking Water

Act, the Clean Air Act, the Clean Water Act, the Marine Protection, Research and

Sanctuaries Act, and the Solid Waste Disposal Act. CERCLA also requires that the

remedial action:

shall require a level or standard of control which at least attains Maximum

Contaminant Level Goals established under the Safe Drinking Water Act and

water quality criteria established under section 304 or 303 of the Clean Water

Act, where such goals or criteria are relevant and appropriate under the

circumstances of the release or threatened release.34

There is broad support for eliminating the statute’s ARARs requirement and its

preference for permanence and treatment. Critics argue that they have artificially

tilted the remedy selection process towards more costly remedies than are necessary

to protect human health and the environment. According to GAO, cleanup levels

established by standards, such as ARARs, are generally more stringent than cleanup

levels established by risk assessments.35 This supports the common assertion that

cleanups based on standards are generally more costly than cleanups based on risk

assessments. The Chemical Manufacturers Association argues that ARARs also can

diminish the effectiveness of the risk assessment process because they possibly may

overturn risk-based decisions.36 If the ARARs requirement is eliminated, some

advocate establishment of a national cleanup standard which could be used for all

Superfund sites.

Debate over which federal or state regulations (or combinations thereof) are

relevant and appropriate at a given site has often been cited as time consuming.

34

CERCLA, as amended, Section 121(d)(2)(A). For carcinogens, EPA sets Maximum

Contaminant Level Goals at zero.

35

Lawrence J. Dyckman, Associate Director, General Accounting Office. Testimony

submitted to the House Committee on Transportation and Infrastructure, Subcommittee on

Water Resources and Environment. June 22, 1995. Superfund Reauthorization: CBO, GAO,

and Superfund "Think Tanks". H. Hrg. 104-22. 104th Congress, 1st Session. p. 733.

36

Chemical Manufacturers Association. Testimony submitted to the House Committee

on Transportation and Infrastructure, Subcommittee on Water Resources and Environment.

April 10, 1997. Superfund Reauthorization: EPA's Management of the Superfund Program,

Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st

Session. p. 486-487.

CRS-16

PRPs have an obvious interest in favoring the standard which is easiest and most

economical to attain. EPA and state regulators frequently disagree on which

regulations should apply. These negotiations can add months to the process.

Despite these criticisms, the National Governors Association (NGA) opposes the

elimination of state applicable standards and promulgated state relevant and

appropriate requirements at NPL sites.37 In addition to NGA’s opposition, Jay J.

Manning, Senior Assistant Attorney General for the state of Washington, testified

that retaining applicable state standards is essential to ensuring a consistent level of

cleanup throughout a state at both its NPL and non-NPL sites:

For the federal program to have any credibility at all, applicable state standards

must be met.... [T]he public will not believe that cleanups conducted under

CERCLA are adequately protective of human health and the environment if they

are not required to meet state standards. Finally, if CERCLA sites are not

required to meet state standards, the result will be the anomalous situation of

neighboring contaminated sites, one on the National Priorities List and the other

subject to state law, being cleaned up to different standards. It is obvious that this

should be avoided, and it can be by requiring that CERCLA cleanups meet

applicable state standards.38

While some stakeholders in the debate call for eliminating the ARARs

requirement, others call for eliminating only the relevant and appropriate

requirements (RARs). This approach would keep the substantive demands found in

federal and state law that specifically address hazardous substances at a site

(“applicable”), but drop those requirements that appear sufficiently similar that some

EPA or state regulators might consider their use well suited to the particular site

(“relevant and appropriate”). Presumably, the debate could be speeded up by

reducing the number of regulations over which EPA and states could argue.

S. 8 states that a remedy must comply with the substantive requirements of

federal and state environmental and facility-siting laws applicable to the conduct of

the remedial action or to the determination of the cleanup level. More stringent state

requirements may be applied at NPL sites if the state demonstrates that they are

generally applicable and consistently applied to remedial actions, and the state

publishes and identifies the applicable requirements to the President.

Federal hazardous waste management provisions of the Solid Waste Disposal

Act would not apply to the return of "contaminated media into the same media in ...

then-existing areas of contamination at the facility." Federal and state procedural

requirements, including permitting requirements, would not apply to response actions

conducted on site at the facility. Waivers from the substantive requirements of

federal and state environmental and facility siting laws are authorized for specified

37

Richard Gimello, National Governors Association. Testimony submitted to the

Senate Committee on Environment and Public Works, Subcommittee on Superfund, Waste

Control, and Risk Assessment. March 5, 1997. Superfund Cleanup Acceleration Act of

1997. S. Hrg. 105-60. 105th Congress, 1st Session. p. 383.

38

Jay J. Manning, Senior Assistant Attorney General of Washington. Testimony

submitted to the House Committee on Transportation and Infrastructure, Subcommittee on

Water Resources and Environment. March 5, 1997. Superfund Reauthorization: Lessons

from the States. H. Hrg. 105-8. 105th Congress, 1st Session. p. 143-144.

CRS-17

reasons; however, the President must publish findings, including documentation and

an explanation of how the remedial action meets the cleanup requirements of section

121. If no applicable federal or state standard exists for a contaminant, a remedial

action must meet a standard that the President determines to be protective.

The Preference for Permanence and Treatment

Section 121(b) of CERCLA requires a remedial action “that utilizes permanent

solutions and alternative treatment technologies or resource recovery technologies

to the maximum extent practicable.” As noted above, many advocate eliminating

this preference. Some advocate total elimination of this provision, while others

advocate retaining the preference for permanent remedies and treatment at “hot

spots” only. The American Petroleum Institute supports the elimination of

CERCLA’s preference for permanence and treatment and claims that this preference

is a major factor in delaying cleanup.39 Superfund Reform ‘95 (a broad coalition of

the insurance industry, small and large businesses, and some local governments)

called for eliminating both the ARARs requirement and the preference for

permanence and treatment. In its place, they recommended that:

final decisions on remedy selection issues should be made by comparing the costs

and net human health and environmental benefits of the alternatives, with priority

for funding directed at real and significant risks to human health. No remedy

should be selected for which benefits are not reasonably related to the costs.40

At a hearing held in June 1995, the Department of Energy’s Assistant Secretary for

Environmental Management, Thomas P. Grumbly, testified, “The current law’s

preference for treatment/permanence should be narrowed and replaced with the

concept of long-term reliability and a preference for the treatment of ‘hot spots’ [of

contamination].”41 There appears to be consensus among stakeholders seeking these

reforms that containment measures and institutional controls should be required for

sites where permanent treatment is not achieved. However, institutional controls,

such as restricting land uses, can be difficult to maintain over the long-term if

interest in developing the land heightens in future years.

Opposing those who seek to eliminate the preference for permanent treatment

solutions, Tom Udall, Attorney General of New Mexico, and representing the

39

Larry L. Lockner, American Petroleum Institute. Testimony submitted to the Senate

Committee on Environment and Public Works, Subcommittee on Superfund, Waste Control,

and Risk Assessment. March 5, 1997. Superfund Cleanup Acceleration Act of 1997. S.

Hrg. 105-60. 105th Congress, 1st Session. p. 424.

40

John F. Spisak, Superfund Reform ‘95. Testimony submitted to the House

Committee on Transportation and Infrastructure, Subcommittee on Water Resources and

Environment. June 20, 1995. Superfund Reauthorization: Business, Insurers, and

Contractor Perspectives. H. Hrg. 104-22. 104th Congress, 1st Session. p. 369.

41

Thomas P. Grumbly, Assistant Secretary for Environmental Management,

Department of Energy. Testimony submitted to the Committee on Transportation and

Infrastructure, Subcommittee on Water Resources and Environment. June 27, 1995.

Superfund Reauthorization: Federal Agency Perspectives. H. Hrg. 104-22. 104th Congress,

1st Session. p. 907.

CRS-18

National Association of Attorneys General, claims that retaining CERCLA’s

preference for permanence and treatment can provide greater health, environmental,

and economic benefits than containment offers. He argued this viewpoint in the

following testimony at a hearing held in March 1997:

We believe it would be inappropriate to place remedies that merely contain

hazardous substances, or that limit access to hazardous substances with a fence

or a deed restriction, on equal footing with remedies that actually clean up

hazardous substances.

Clearly, total and permanent elimination or

immobilization of hazardous substances is of far greater benefit to the local

community and to society at large. The environment is restored, future health

threats are eliminated, and property is opened up for development or other useful

purposes.... Furthermore, containment remedies require greater expenditures for

long-term monitoring and operation and maintenance than do treatment remedies.

Containment remedies are much more prone to failure than treatment remedies,

as Congress recognized in 1986.42

S. 8 would eliminate CERCLA’s preference for permanence. In its place the

bill would require that the reliability of the remedy over the long-term be one of six

factors to be considered and balanced in selecting the remedy. As noted previously,

the other five factors are the remedy’s effectiveness in protecting human health and

the environment, short-term risks posed by implementing the remedy, acceptability

to the community, technical feasibility from an engineering perspective, and

reasonableness of the remedy’s cost.

The bill also abolishes the preference for treatment except at "hot spots,"

discrete areas containing a hazardous substance that cannot be reliably contained and

that present a substantial risk to human health and the environment. However,

containment may be used instead of treatment for a relatively small hot spot at a

landfill or mining site in specified circumstances. Also, in conducting remedial

action reviews, EPA should give priority consideration to RODs that were issued

before October 1, 1993, and that involve primarily ground water treatment for dense,

nonaquaeous phase liquids.

The “Technical Impracticability” Waiver

CERCLA identifies six circumstances that, if met, allow for the waiver of

ARARs.43 One of these waivers, the technical impracticability (TI) waiver, may be

granted if “compliance with such requirements [ARARs] is technically impracticable

from an engineering perspective.”44 EPA has issued a guidance document for

evaluating the technical impracticability of ground water restoration to promote “the

careful and realistic assessment of the technical capabilities at hand to manage risks

42

Tom Udall, Attorney General of New Mexico and representative of the National

Association of Attorneys General. Testimony submitted to the Senate Committee on

Environment and Public Works, Subcommittee on Superfund, Waste Control, and Risk

Assessment. March 5, 1997. Superfund Cleanup Acceleration Act of 1997. S. Hrg. 105-60.

105th Congress, 1st Session. p. 437.

43

CERCLA, as amended, Section 121(d)(4).

44

Ibid.

CRS-19

posed by ground water contamination.”45 Since issuing the guidance in 1993, EPA

has promoted its implementation by establishing headquarters and regional contact

personnel for transfer of TI related information, and by outlining a basic process for

evaluation of TI decision documents. However, some critics in government and

industry claim that EPA’s approach to using this waiver authority greatly diminishes

opportunities for cost savings. In practice, the implementation of “TI waivers” is

often stymied by political issues such as some states’ reluctance to accept the “TI

waiver” option.

The most important application of the TI waiver is for the case of certain ground

water restorations. For example, the presence of dense nonaqueous-phase liquids,

commonly known as DNAPLs, at hazardous waste sites has complicated many

ground water cleanups.46 DNAPLs are organic compounds that will not dissolve in

water, which poses significant technological barriers to removing them from

contaminated ground water. Based on current technology, the attainment of drinking

water standards (an ARAR) at sites contaminated with DNAPLs is impracticable.

A National Research Council (NRC) report discussed EPA’s implementation

of the TI waiver. EPA has issued a technical policy to address sites contaminated

with DNAPLs, which the NRC’s Committee on Ground Water Cleanup Alternatives

supported in its report.47 However, the committee and other stakeholders were

concerned with EPA’s general practice of granting a TI waiver only after the cleanup

remedy fails in attaining the initial goals. The committee concluded, “Although the

committee sees value in ensuring that best possible efforts are employed to address

DNAPL contamination, a requirement that a remedial action be designed to achieve

the impossible (based on current technology) is counterproductive.”48

In a followup report, the NRC’s Committee on Innovative Remediation

Technologies reiterated that technological problems with cleaning up certain types

of ground water contaminants, such as DNAPLs, have not been resolved. The

committee concluded that more information and experimentation is necessary to

develop new cleanup technologies that are capable of addressing problematic types

of contaminants:

[I]mproving the availability of technologies for cleaning up contaminated sites

and the ability to compare these technologies based on rational scientific

evaluation will require research, field work, and improved data collection and

technology transfer. The development of new remediation approaches will

require close links between laboratory and field studies and access to field

demonstration sites with the freedom to change process operations during testing.

Parallel activities involving field investigations in concert with laboratory and

45

Environmental Protection Agency. Office of Solid Waste and Emergency Response.

Guidance for Evaluating the Technical Impracticability of Ground Water Restoration.

EPA/540-R-93-080. September 1993.

46

Some examples of compounds likely to exist as DNAPLs are chlorinated solvents,

coal tars, and transformer oil.

47

National Academy of Science, National Research Council. Alternatives for Ground

Water Cleanup. National Academy Press, Washington, D.C. 1994. p. 258

48

Ibid., p. 259.

CRS-20

theoretical work will help identify key issues and thus focus scientific and

engineering activities on the most critical topics related to remediation.49

Further, the committee argued that the current regulatory structure can impede

the development of innovative treatment solutions and examined the use of market

incentives to spur new cleanup technologies:

The principal change necessary to move to a market-oriented approach to

remediation technology development is to take advantage of the power of

financial self interest rather than relying on the force of regulation alone. The

objective is to develop a market that is quantifiable, with reasonably well-defined

risks and a commensurate opportunity to create financial returns from solving

problems. That is, both the vendor and the customer must perceive financial

benefit from improved remediation of contaminated properties, while still

protecting the interest of the affected public in ensuring that sites are cleaned up.

Capital will flow to the remediation technology market when it becomes evident

that new technologies can create real value for customers.50

As noted on page 14, S. 8 specifically includes cost in the definition of

"technically impracticable": the term "means impracticable due to engineering

infeasibility or unreliability or inordinate costs."51 The bill states that a remedy shall

seek to protect uncontaminated ground water unless it is technically impracticable.

And, a remedy shall seek to restore for beneficial use contaminated ground water

that is potentially suitable for drinking water, unless it is technically impracticable.

If contaminated ground water is not potentially suitable for drinking water, the

remedy shall attain a standard protective of whatever its current or future use is.

Ground water shall not be considered suitable for drinking water if naturally

occurring conditions prevent it, or if it is so contaminated by broad-scale human

activity (unrelated to a facility release) that restoration is technically impracticable,

or if it is physically incapable of yielding 150 gallons a day to a well or spring

(unless it is currently used as drinking water). If achieving the cleanup goals at a site

is technically impracticable, a technically practicable remedy is to be chosen that

minimizes risk to health and the environment by cost-effective means.

Future Land, Ground Water, and Resource Use

Many believe that, to accomplish cleanups cost-effectively and at a pace that

is conducive to the protection of human health and the environment, the future use

of land, ground water, and other resources must be considered in determining the

appropriate cleanup standard and the remedial design. Future uses are currently

considered in the remedial investigation/feasibility study. However, critics argue

that the statute encourages overly conservative risk assessments based on unrealistic

pathways through which exposure can occur. In response to this criticism, EPA

49

National Academy of Science, National Research Council. Innovations in Ground

Water and Soil Cleanup. National Academy Press, Washington, D.C. 1997. p. 141.

50

51

Ibid., p. 60-61.

S.8 (draft chairman's mark of August 26, 1997), section 401. As printed, there is no

comma in the definition.

CRS-21

reports that it is working to incorporate reasonable assumptions about future land use

when conducting site investigations. Steven A. Herman, Assistant Administrator of

EPA’s Office of Enforcement and Compliance Assurance and Timothy Fields, Jr.,

Acting Assistant Administrator of EPA’s Office of Solid Waste and Emergency

Response, testified:

EPA has improved its cleanup decisions by consistently using reasonable

assumptions about current and future land use. Recognizing that land may be

appropriate for uses other than residential use can yield a more realistic risk

assessment and less expensive remedy. EPA is working with local land use

planning authorities, other government officials and the public as early as

possible during site investigation to develop reasonable land use assumptions to

use in the decision making process.... Currently, about 60% of EPA’s Records

of Decision include a land use scenario other than residential land use, typically

where there is no residential land use on-site or adjacent to the site.52

Stakeholders favoring greater consideration of future land uses include the

chemical industry, small and large businesses, the National Governors Association,

local government organizations such as the U.S. Conference of Mayors, National

League of Cities, and National Association of Counties, the Department of Energy,

and the Department of Defense. The National Realty Committee, a business

organization representing real estate companies, believes that future land uses should

play a significant role in determining the extent to which a site is cleaned up:

We also need to see more progress in resolving a problem sometimes referred to

as ‘how clean is clean.’ It is critical to obtain more standardization in this area

as well as appropriate tiering of cleanup levels so they track anticipated land uses.

An industrial project is not going to be a children’s playground any time soon.

To require cleanups that assume such a land use will only result in the permanent

idling of many properties.53

Three land use reforms frequently proposed are: consideration of actual or

planned future land and other resource use during the remedial

investigation/feasibility study; use of institutional controls such as deed restrictions

to protect human health; and contaminated ground water remedy selection based on

future use and exposure, with treatment designated only for aquifers that are

currently supplying drinking water or are reasonably expected to supply drinking

water in the future.

52

Steven A. Herman, Assistant Administrator, Office of Enforcement and Compliance

Assurance and Timothy Fields, Jr., Acting Assistant Administrator, Office of Solid Waste

and Emergency Response, Environmental Protection Agency. Testimony submitted to the

House Committee on Transportation and Infrastructure, Subcommittee on Water Resources

and Environment. April 10, 1997. Superfund Reauthorization: EPA's Management of the

Superfund Program, Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8.

105th Congress, 1st Session. p. 450.

53

John Gates, National Realty Committee. Testimony submitted to the House

Committee on Transportation and Infrastructure, Subcommittee on Water Resources and

Environment. April 10, 1997. Superfund Reauthorization: EPA's Management of the

Superfund Program, Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8.

105th Congress, 1st Session. p. 397.

CRS-22

Some environmental groups are cautious about any provisions that would make

land use considerations central to the process of selecting remedies. While the

Environmental Defense Fund (EDF) believes that the consideration of future land use

at a site is appropriate when choosing a remedy, it cautions against focusing solely

on the future use of a site and ignoring the uses of neighboring areas. Karen Florini,

a Senior Attorney with EDF, urged that:

Superfund must protect the health of site neighbors, not just individuals who will

be present on the site itself, given the well-documented ability of contaminants

to migrate off-site (e.g., as wind-blown contaminated dust or as vapors).54

Organizations and groups active in the environmental justice movement are

concerned that if more emphasis is placed on future land use considerations,

communities located near areas considered to be less worthy of a high standard for

cleanup will be at greater health risk than communities which are not located near

such sites. Environmental justice pursues fair and equitable protection against any

environmental hazard, including exposure to hazardous wastes, of all people

regardless of race or socioeconomic status. The incorporation of a single, national

risk goal combined with consideration of a community’s anticipated future land use

and institutional controls, if necessary, might resolve this concern. Advocates for

increased consideration of land use counter these arguments by claiming that risk

management goals would not be lowered, and therefore, protection of human health

would not be compromised.

S. 8 would require that the risk evaluation at each facility consider reasonably

anticipated future use of land and water resources. In developing assumptions

regarding reasonably anticipated future land uses, the President must consider the

views of local officials and community members and consider specified factors,

including current zoning, the future plans of the land use regulatory authority, recent

land use history, development patterns, population projections, federal and state land

use designations, and the plans of the owner or operator of the facility. In

developing assumptions regarding reasonably anticipated future ground water and

surface water uses, the President must give substantial deference to classifications

in a state comprehensive ground water protection program and consider other

designations or plans adopted by the governmental unit that regulates surface or

ground water use planning in the area. Future use must also be taken into account

for contaminated ground water that is not suitable for drinking water, to protect it

(and any connected surface water) if technically practicable, for whatever its

anticipated use is.

The Role of States in the Remedy Selection Process

A substantial number of critics find that the current system of shared EPA and

state responsibility for implementing and funding the Superfund program has caused

54

Karen Florini, Senior Attorney, Environmental Defense Fund. Testimony submitted

to the Senate Committee on Environment and Public Works, Subcommittee on Superfund,

Waste Control, and Risk Assessment. March 5, 1997. Superfund Cleanup Acceleration Act

of 1997. S. Hrg. 105-60. 105th Congress, 1st Session. p. 387.

CRS-23

excessive delays in cleanup, duplication of effort, and confusion among stakeholders.

They argue that states are better equipped to tailor remedies to sites within their

borders cost-effectively and that an expanded state role would result in faster

cleanups with lower transaction costs. Accordingly, a number of states seek full

Superfund authority.

The law does not provide for delegation of Superfund program authority to the

states as it has for other environmental laws such as the Clean Water Act and RCRA.

At present, EPA and states can enter into cooperative agreements on a site-by-site

basis that authorize the states to undertake most of the cleanup activities the Agency

would perform, excluding remedy selection. Full program authority would enable

states with such authority to implement their own versions of a Superfund program,

while program delegation would give states the authority to implement the federal

program.

The federal government is primarily responsible for implementing the

Superfund program, though states play important roles in selecting remedies and

funding Superfund site cleanups. The statute’s ARARs requirement recognizes state

standards and regulations. Under current law, a state is financially responsible for

10% of the cleanup costs covered by the Superfund trust fund and for the full cost

of operating and maintaining the selected remedy. In addition, a state must make

off-site disposal facilities available if necessary and must provide 20 years of

hazardous waste treatment or disposal capacity for all hazardous waste reasonably

expected to be generated within its borders. A state is required to pay for 50% of all

response costs if it or a locality within its borders operated the site. If a state cannot

fulfill these requirements, EPA cannot obligate money from the trust fund for the

cleanup.

The National Association of Attorneys General supports delegating federal

authority to qualified states and also endorses granting full program authority to

states with existing cleanup programs:

Other federal environmental statutes, such as RCRA, allow EPA to authorize

qualified states to implement their own program in lieu of the federal program.

Authorization would allow states with successful, effective cleanup programs to

implement those programs at all sites, including NPL sites within their borders....

[S]tate cleanup programs have succeeded based upon remedy selection and

liability provisions chosen by the states to meet the needs and desires of their

citizens for adequate protection of health, safety and the environment — areas in

which states have traditionally exercised significant authority. These programs

are fully capable, as currently implemented, to take over cleanup of NPL sites.55

The Association of State and Territorial Solid Waste Management Officials

(ASTSWMO) supports the position that states with adequate experience and

essential resources to manage hazardous waste cleanups should have the flexibility

55

Tom Udall, Attorney General of New Mexico and representative of the National

Association of Attorneys General. Testimony submitted to the Senate Committee on

Environment and Public Works, Subcommittee on Superfund, Waste Control, and Risk

Assessment. March 5, 1997. Superfund Cleanup Acceleration Act of 1997. S. Hrg. 105-60.

105th Congress, 1st Session. p. 433.

CRS-24

to decide whether to implement the federal program. James C. Colman, Assistant

Commissioner for the Massachusetts Bureau of Waste Site Cleanups and

spokesperson for ASTSWMO, testified that a state role is essential in cleaning up all

sites subject to liability under CERCLA to the same level of protection across an

entire state:

Where state goals and standards have been established, they should be applied

consistently at all sites subject to CERCLA liability in that state regardless of the

lead agency. This includes not only NPL sites but brownfield/voluntary cleanup

sites and federal facilities. A uniformly applicable cleanup process in a state will

eliminate the often paradoxical inconsistency found where similar sites in close

proximity are cleaned up to different levels for reasons which have little to do

with the actual risk posed. It provides an expectation of consistency to

responsible parties, nearby residents and other stakeholders involved in the

cleanup process.56

Other stakeholders interested in increasing the role of the states include some

local governments, PRPs, the insurance and manufacturing industries, and some

nonprofit organizations interested in Superfund reauthorization. These stakeholders

claim that part of the problem with the current remedy selection process is that EPA

has the authority to preempt a state-selected remedy. Further, some believe that the

threat of EPA preemption causes participation in voluntary cleanup actions to be a

risky venture. A business that participates in voluntary cleanups may face CERCLA

liability even after liability under state law is resolved. Some claim that if states had

full Superfund authority this risk would disappear. At least 35 states have voluntary

cleanup programs for less serious hazardous waste sites.

Some community groups are apprehensive about the proposed delegation of

Superfund authority to states and advocate judicious oversight by EPA if delegation

occurred. One concern is that some states will not be as rigorous in their cleanup

decisions as the federal program, which would necessarily lead to less protection of

human health and the environment. Some also believe that state public participation

programs have not measured up to the federal program. Ohio Citizen Action (a

consumer and environmental activist organization) opposes full delegation of federal

authority to states and does not support allowing states to implement their own

programs in place of the federal one. Jane Forrest, Environmental Projects Director

for Ohio Citizen Action, testified:

We object strongly to the idea of allowing NPL sites to be cleaned up through

state programs with little or no EPA, local government, or citizen involvement

or oversight. In Ohio’s case, that program would be a disaster.57

56

James C. Colman, Assistant Commissioner for the Massachusetts Bureau of Waste

Site Cleanups and spokesperson for the Association of State and Territorial Solid Waste

Management Officials. Testimony submitted to the House Committee on Transportation and

Infrastructure, Subcommittee on Water Resources and Environment. April 10, 1997.

Superfund Reauthorization: EPA's Management of the Superfund Program, Administrative

Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st Session. p. 367.

57

Jane Forrest, Environmental Projects Director, Ohio Citizen Action. Testimony

submitted to the House Committee on Transportation and Infrastructure, Subcommittee on

(continued...)

CRS-25

S. 8 offers a flexible approach that is largely consistent with the

recommendations of the National Association of Attorneys General and the

ASTSWMO in that it would allow a state either (1) to be authorized to implement

its own cleanup program, in lieu of CERCLA, at any non-federal facility listed on

the NPL, or (2) to be delegated as much of the federal cleanup program as it is

willing and capable of administering at the NPL sites of its own choosing. States

would be able to request delegation of all or a portion of Superfund authorities,

including remedy selection. The bill would designate the state as the sole authority

to perform the transferred responsibility(ies). EPA may not perform a removal or

take an administrative or judicial action at a transferred site without the state's

permission, unless there is an emergency, or EPA obtains a declaratory judgment in

U.S. district court. States would be able to request EPA to remove all or part of a

transferred facility from the NPL, which the agency shall do if it is not inconsistent

with CERCLA. The trust fund would continue to pay its share of cleanup costs at

delegated sites. The 50% state cost-share requirement at state-operated facilities

would be repealed. The state cost share would be the lower of 10%, or a percentage

determined by the Office of Management and Budget. The bill would provide

funding to authorized and delegated states, some of which would be on a facilityspecific basis.

Community Involvement

in the Remedy Selection Process

There is general agreement that the current process for involving communities

in the decision making process does not speed up Superfund cleanups and that it

often makes individuals feel alienated and powerless regarding their community’s

future. Without significant community support, a hazardous waste cleanup project

can face problems such as challenges to selected remedies, delays in cleanup, and

active public opposition. In some cases, a lack of involvement has led communities

to take legal action to halt the cleanup. In other cases, community involvement has

not proven helpful and has delayed needed decisions without notable benefit.

After CERCLA had been in existence for 5 years, many stakeholders

recognized the importance of involving communities in the process of selecting

remedies. As a result, SARA added section 117 to the statute with the intent of

increasing the level of community involvement. However, section 117 only requires

that a site’s remedial action plan be made available to the public, that the public have

an opportunity to make comments on the plan and any changes to it, and that EPA

answer those comments and explain any significant differences in the final plan.

57

(...continued)

Water Resources and Environment. April 10, 1997. Superfund Reauthorization: EPA's

Management of the Superfund Program, Administrative Changes, and Proposals for

Legislation. H. Hrg. 105-8. 105th Congress, 1st Session. p. 386.

CRS-26

SARA authorized technical assistance grants (TAGs) to assist communities in

understanding and commenting on the plan. (See box below.) As of July 1997, EPA

has awarded TAGs to communities at 193 Superfund sites, about 14% of the total

number of sites currently on and deleted from the NPL.58 Although section 117

provided the public some access, for the most part it has not engendered active

involvement of communities in the decision making process.

The Technical Assistance Grants (TAG) Program

To ensure that communities affected by Superfund sites are informed

about the selection and implementation of cleanup remedies, Section 117 of

SARA created the Technical Assistance Grants (TAG) program. Up to $50,000

may be provided to a community “to obtain technical assistance in interpreting

information with regard to the nature of the hazard, remedial investigation and

feasibility study, record of decision, remedial design, selection and construction

of remedial action, operation and maintenance, or removal action at such

facility.” Recipients of grants are required to contribute 20% of the total cost of

assistance for which the grant is made, though this may be waived in cases of

financial hardship. The TAG program has been criticized as being less

successful than originally hoped. Some critics have recommended that a

Technical Assistance Grant be awarded before a site is listed on the NPL.

Environmental community groups such as the North Baton Rouge Environmental

Association and the Communities at Risk Network have proposed other reforms

to the TAG program such as: simplification of the application process;

elimination of the matching funds requirement; and removal of the 3-year

restriction.

At a hearing held in June 1995, the Department of Energy’s Assistant Secretary

for Environmental Management, Thomas P. Grumbly, made the following argument

in support of involving affected communities:

Superfund should be reformed to incorporate community involvement earlier in

the remedy selection process. We have often been criticized for not adequately

addressing local circumstances when we evaluate the risks associated with a site

or determining the method or level of cleanup. For too long, community groups

have felt shut out of the process of site remediation decision making, discussions

of future land use options, and the risk evaluation process. Community

involvement should be an integral part of the remedy selection process that will,

in the long run, make the risk assessment and management process more open,

and more democratic.59

58

Telephone conversation with Suzanne Wells, Director, Community Involvement and

Outreach Center, Office of Emergency and Remedial Response, Environmental Protection

Agency. August 13, 1997.

59

Thomas P. Grumbly, Assistant Secretary for Environmental Management,

Department of Energy. Testimony submitted to the House Committee on Transportation and

Infrastructure, Subcommittee on Water Resources and Environment. June 27, 1995.

Superfund Reauthorization: Federal Agency Perspectives. H. Hrg. 104-22. 104th Congress,

(continued...)

CRS-27

To facilitate community involvement in the remedy selection process at DOE,

the department created an Office of Public Accountability in its Environmental

Management Program. It is monitoring progress in increasing stakeholders’ trust and

confidence levels, and improvement has been indicated.

The Chemical Manufacturers Association supports increased levels of

community involvement in cleaning up NPL sites, proposes the expansion of the

TAG program, and recommends coordination with formal community groups to

ensure that citizens have an organized mechanism through which they can participate

in the cleanup process:

Communities need to have adequate input into the remedy selection and

implementation process at Superfund sites.... By providing local citizens with

opportunities for early and active participation in the evaluation of remedial

options, the entire procedure becomes more transparent, resulting in greater

credibility in, and commitment to, the selected remedy. Informed communities

are more likely to support reasoned Agency decisions.... CMA supports

establishing formal community groups to improve communication between EPA,

PRPs, and the communities that live around Superfund sites.... Furthermore, the

existing Technical Assistance Grants (“TAGs”) [program] could be increased to

help community groups obtain full access to information and an early and ongoing voice throughout the remedy selection process. Formal community groups

should be supported, where they exist, by making them the only eligible group

for a TAG.60

S. 8 would require EPA to inform and consult with the affected community and

to consider their views in developing and implementing the remedial action plan. It

also directs EPA to assist in establishing Community Advisory Groups (CAGs) that

would serve as information conduits to and from EPA, the states, and PRPs. In

addition, the bill continues the TAG program grants of $50,000, but allows a waiver

of that limit. The bill eliminates the current law fund-matching requirement, and

authorizes early disbursement to the TAG recipient in advance of the recipient's

making expenditures to be covered by the grant; up to $5,000 may be advanced at

a time.

Conclusion

This report has outlined issues in the debate on reforming Superfund’s cleanup

standards. These issues reflect criticisms and proposals which have been presented

at congressional hearings during the 104th and 105th Congress and which are central

to the Superfund reauthorization debate. The views summarized in this report are

59

(...continued)

1 Session. p. 911-912.

st

60

Chemical Manufacturers Association. Testimony submitted to the House Committee

on Transportation and Infrastructure, Subcommittee on Water Resources and Environment.

April 10, 1997. Superfund Reauthorization: EPA's Management of the Superfund Program,

Administrative Changes, and Proposals for Legislation. H. Hrg. 105-8. 105th Congress, 1st

Session. p. 494-495.

CRS-28

those most frequently delivered on the subject of cleanup standards and remedy

selection.

Proponents and opponents of proposed reforms, such as repealing the statute’s

requirement to meet “relevant and appropriate” requirements or ensuring that risk

assessment plays a larger role in the remedy selection process, confront formidable

questions: What should be the goal of the Superfund program? Should sites be

cleaned to eliminate all remnants of waste and pollutants, or should sites be cleaned

to a level that is simply sufficient to protect human health? The distinction between

the two is significant — the former takes a more expansive approach to

environmental protection, while the latter takes an approach that may better

accommodate economic considerations. If the goal should be the protection of

human health, how protective and complete should the cleanup be? And who

decides? If the goal is to achieve a certain level of environmental cleanliness, should

national standards be established to define the level of cleanliness required? Though

there is little consensus on the answers, Superfund’s stakeholders seek to alleviate

the confusion over the program. To lessen this confusion, Congress is attempting to

further define Superfund’s cleanup goals and the methods used to attain these goals.

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