An overview of regulatory issues that affect the development of new waste treatment technologies Page: 47 of 64
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3.0 COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION. AND LIABILITY ACT
CERCLA is the second major environmental law addressing hazardous waste
that could have major impacts on technology development and application under
the RDDT&E program. CERCLA generally does not directly establish clean-up or
technology performance standards, but instead provides the framework for the
application of standards established in other federal and state statutes and
regulations.
3.1 OVERVIEW
Congress passed CERCLA in I960 in response to the public outcry regarding
a number of abandoned hazardous waste sites, such as Love Canal, that appeared
to present serious and imminent threats to human health and the environment.
CERCLA is intended to address the cleanup of abandoned or inactive sites con-
taining hazardous substances. Unlike RCRA, CERCLA is generally administered
by ERA, rather than by the states. Public and congressional dissatisfaction
with the implementation of CERCLA and the pace of site cleanups led to the
passage of the Superfund Amendments and Reauthorization Act (SARA) in 1986.
Among other things, SARA expanded EPA's enforcement authorities, made CERCLA
clearly applicable to federal facilities, and added new health-related
responsibilities.
CERCLA is a liability-based statute, in that those responsible for the
hazardous substances at a site are also responsible for the cost of cleaning
up the site. A potentially responsible party (PRP) could include the original
generator(s) of the waste, the parties who transported it to the site, and the
site owner(s).
CERCLA established a fund of money to pay for the cleanup of sites for
which no PRPs can be identified. However, these monies are not available for
the remediation of federal facilities. Generally, federal agencies must use
their own appropriated funds to pay for the remediation of sites for which
they are responsible.
CERCLA generally does not establish specific cleanup levels or technology
requirements, but references other environmental statutes, regulations, and
3.1
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Kuusinen, T L; Siegel, M R; Williams, T A & Powell, J A. An overview of regulatory issues that affect the development of new waste treatment technologies, report, July 1, 1991; Richland, Washington. (https://digital.library.unt.edu/ark:/67531/metadc1093979/m1/47/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.