What is the primary difference between CERCLA and RCRA?

CERCLA focuses on cleaning up past, abandoned, or uncontrolled hazardous waste sites (remediation), while RCRA regulates the current generation, transportation, and disposal of waste (prevention).

How does 'Strict Liability' affect parties under CERCLA?

Under strict liability, a party is responsible for cleanup costs regardless of whether they acted negligently or illegally at the time of disposal. If they handled the waste, they are liable.

What was the significance of the Love Canal disaster in relation to CERCLA?

The Love Canal disaster, where a community was built on a toxic waste dump, served as the primary catalyst for public outcry that led to the passage of CERCLA in 1980.

What is the National Priorities List (NPL)?

The NPL is a list of the most serious hazardous waste sites identified for long-term remedial action under the federal Superfund program, ranked by their threat to human health.

What common error do students make regarding the funding of the Superfund?

Students often mistakenly believe the Superfund is still primarily funded by a tax on polluters, but that tax expired in 1995, leaving the fund dependent on general revenue and legal settlements.

When should you use the term 'Remediation' instead of 'Prevention'?

Remediation should be used when discussing the cleanup of existing environmental damage (CERCLA), whereas prevention refers to measures taken to stop pollution before it occurs (RCRA).

What did the SARA amendment of 1986 add to CERCLA?

SARA increased the Superfund's budget, stressed the importance of permanent cleanup technologies, and required the EPA to involve the public in the decision-making process.

Why is CERCLA considered a 'reactive' law?

It is reactive because it responds to environmental disasters and contamination that have already occurred, rather than setting standards for how current industries must operate.

What is 'Joint and Several Liability' in the context of the Superfund?

It means that any one responsible party can be held liable for the entire cost of a site cleanup, even if other parties also contributed to the contamination.

What error occurs if a student attributes 'Cradle-to-Grave' tracking to CERCLA?

This is an error because 'Cradle-to-Grave' is the hallmark of RCRA; CERCLA deals with waste that has already 'escaped' or been abandoned in the environment.

Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA) | College Board AP Environmental Science

Revision Notes

College Board

Environmental Science

Unit 10: Environmental Legislation

Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)

Summary

CERCLA, commonly known as the Superfund, is a landmark United States federal law designed to identify, investigate, and clean up sites contaminated with hazardous substances. It establishes a framework for remediation of past environmental damage and holds responsible parties liable for the costs of cleanup, ensuring that the burden of restoration falls on polluters rather than the general public.

1. Definition & Core Concepts

CERCLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, enacted by the U.S. Congress in 1980. It was primarily established to address the legacy of abandoned or uncontrolled hazardous waste sites that posed significant risks to public health and the environment.

The term Superfund refers to the federal fund created by the act to finance the cleanup of sites where no responsible party can be identified or where the responsible party is unable to pay. This ensures that remediation can proceed even in complex legal or financial situations.

Remediation is the central goal of CERCLA, focusing on the removal or containment of toxic contaminants from soil, groundwater, and surface water. Unlike laws that manage current waste, CERCLA is reactive, dealing with the consequences of historical waste disposal.

Diagram showing a contaminated zone in the ground being targeted by a remediation action funded by the Superfund.

2. Underlying Principles

The Polluter Pays Principle is the ethical and legal foundation of CERCLA, asserting that those who produced the pollution should be financially responsible for its cleanup. This creates a powerful incentive for corporations to manage hazardous materials carefully to avoid future liability.

CERCLA applies Strict, Joint, and Several Liability, meaning any single party involved in the waste (generators, transporters, or site owners) can be held liable for the entire cost of the cleanup. This legal standard simplifies the government's ability to recover costs without having to prove specific negligence for every fraction of the waste.

The National Priorities List (NPL) serves as the primary tool for the EPA to guide federal cleanup efforts. Sites are ranked based on a Hazard Ranking System that evaluates the threat to human health and the environment via pathways like drinking water or air.

3. Methods & Techniques

The Hazard Ranking System (HRS) is a numerically based screening system used to assess the relative potential of sites to pose a threat. It considers the likelihood that a site has released or has the potential to release hazardous substances into the environment.

The Superfund Amendments and Reauthorization Act (SARA) of 1986 significantly enhanced CERCLA by increasing the focus on permanent cleanup solutions and innovative treatment technologies. It also expanded the public's 'Right to Know' regarding hazardous chemicals in their communities.

Remediation techniques often involve Ex-situ treatments, where contaminated soil or water is removed and treated elsewhere, or In-situ treatments, where contaminants are neutralized or contained directly within the ground.

4. Key Distinctions

5. Exam Strategy & Tips