Superfund Amendments and Reauthorization Act (SARA)

Overview

The Superfund Amendments and Reauthorization Act (SARA) of 1986 is a significant amendment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. SARA was enacted to provide comprehensive measures for cleaning up the environment, particularly hazardous waste sites, ensuring that the parties responsible for contamination bear the costs. The legislation was in response to increased knowledge about site contamination and its consequences for public health and the environment.

Key Features:

• Stresses Permanent Remedies: SARA emphasizes the importance of permanent remedies and the use of innovative technologies in cleanup.
• Increases State Involvement: More powers and responsibilities for state governments in site cleanups.
• Strengthens Enforcement: Improved enforcement authorities and mechanisms to hold responsible parties accountable.
• Corporate Accountability: Greater clarity around corporate liability for hazardous waste sites.
• Health and Safety Protections: Boosted the focus on protecting human health and safety.

Examples

1. Love Canal, New York: One of the most famous cases where SARA was applied involves the Love Canal in Niagara Falls, NY. The site had hazardous chemicals leaking into homes and schools, leading to widespread health hazards.
2. Times Beach, Missouri: SARA was crucial in the cleanup of Times Beach, where dioxin contamination led to the evacuation and buyout of the town.
3. Oak Ridge Reservation, Tennessee: The site contains several contaminated areas due to past operations involving radioactive and hazardous materials requiring extensive cleanup under SARA’s provisions.

Frequently Asked Questions (FAQs)

Q: What entities are responsible for cleanup under SARA? A: Under SARA, potentially responsible parties (PRPs) such as current and former property owners, operators, waste generators, and transporters can be held liable for contamination.

Q: How does SARA funding work? A: SARA allocated billions of dollars to the Superfund program, primarily funded through taxes on petroleum and chemical industries, as well as from responsible parties.

Q: Does SARA only cover hazardous waste sites? A: While SARA primarily deals with hazardous waste sites, it also addresses the contamination in groundwater, surface water, and air.

Q: What improvements did SARA bring to the original 1980 CERCLA law? A: SARA strengthened the enforcement, increased the emphasis on permanent and environmentally sound cleanups, and involved greater state participation.

Q: Can local governments participate in SARA cleanups? A: Yes, SARA allows for a greater role of state and local governments in the oversight and execution of cleanup activities.

Related Terms

1. CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): The initial legislation aimed at cleaning up sites contaminated with hazardous substances.
2. NPL (National Priorities List): A list of the most severe hazardous waste sites identified for possible long-term remedial action under CERCLA.
3. EPA (Environmental Protection Agency): The federal agency responsible for managing and enforcing environmental laws, including SARA.
4. RCRA (Resource Conservation and Recovery Act): Governs the disposal of solid and hazardous waste to protect human health and the environment.

Online Resources

• EPA Superfund Page: Detailed information about the Superfund program, including tools and resources for cleanup sites.
• CERCLA Overview: Comprehensive overview of CERCLA provided by the EPA.
• Federal Register - SARA Implementation: Repository for all Federal Register notices regarding SARA.

References

1. United States Environmental Protection Agency. “Superfund: CERCLA Overview.” EPA, link.
2. U.S. Congress. “Superfund Amendments and Reauthorization Act of 1986 (H.R. 2817).” Public Law 99-499, link.
3. Congressional Research Service. “CERCLA/Superfund and the Recovery Act.” CRS Report R41039, link.

Suggested Books for Further Studies

1. “Environmental Law Handbook” by Thomas F.P. Sullivan: A comprehensive guide to understanding the complexities of environmental law, including SARA.
2. “The Complete Guide to Environmental Law” by Alice E. Mccabe and Powell G. Macdaw: A detailed exploration of various environmental regulations and practices, covering major laws like CERCLA and SARA.
3. “Superfund and Mining Megasites: Lessons from the Coeur d’Alene River Basin” by National Research Council: Provides context-specific lessons and insights drawn from a major contaminated site under the Superfund program.

Real Estate Basics: Superfund Amendments and Reauthorization Act (SARA) Fundamentals Quiz