Superfund Amendments and Reauthorization Act (SARA)

Definition

The Superfund Amendments and Reauthorization Act (SARA), enacted in 1986, is a significant amendment to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, often referred to as the Superfund program, was established to address the cleanup of contaminated sites. SARA introduced new authorities and tools for the U.S. Environmental Protection Agency (EPA) to enhance the management and remediation of hazardous waste sites. Important facets of SARA include:

Strengthening Public Participation: Expanded opportunities for public participation in decision-making processes.
Increased State Involvement: Facilitating greater participation of state-level agencies in remediation activities.
Focus on Health Issues: Addressing the human health effects associated with hazardous waste sites.
Emphasizing Permanent Solutions: Prioritizing the use of innovative technologies for thorough and sustainable cleanup practices over temporary fixes.
Innocent Landowner Defense: Providing protection to purchasers of contaminated properties who have conducted appropriate property diligence, such as a Phase I Environmental Site Assessment.

Examples

Brownfields Redevelopment: Under SARA, a developer purchases a brownfield site after conducting a Phase I Environmental Site Assessment. The results found no contamination, ensuring the developer is not held liable for any pre-existing pollution.
Community Involvement in Cleanup: A residential area near a Superfund site participates in public hearings and provides input on the remediation plans proposed by the EPA, supported by the public participation provisions of SARA.
State-Federal Cooperation: A state environmental agency partners with the EPA to manage a contaminated site cleanup, benefiting from the increased state involvement provisions of SARA.

Frequently Asked Questions

What is the main objective of SARA?

The primary goal of SARA is to enhance and strengthen the tools and procedures available under CERCLA for managing and cleaning up hazardous waste sites, ensuring greater public, state, and health considerations.

What does SARA’s Innocent Landowner Defense entail?

SARA’s Innocent Landowner Defense provides a liability shield for property buyers who have conducted a Phase I Environmental Site Assessment prior to acquisition and identify no contamination. This exception helps encourage diligent environmental site assessments during property transactions.

How does SARA improve public participation?

SARA mandates increased opportunities for public input and participation in the remediation planning process, including public meetings and accessible information dissemination, ensuring community involvement in decision-making.

What are Phase I Environmental Site Assessments?

Phase I Environmental Site Assessments involve a thorough review of current and historical land use and regulatory records to identify any potential environmental contamination. This assessment is critical in qualifying for the Innocent Landowner Defense under SARA.

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

A federal law that established the Superfund program for cleaning up contaminated sites and holding liable parties accountable for the contamination.

Brownfield

A property where the presence or potential presence of hazardous substances, pollutants, or contaminants may complicate expansion, redevelopment, or reuse.

Phase I Environmental Site Assessment

An investigative process in real estate transactions designed to identify potential or existing environmental contamination liabilities.

Environmental Impact Assessment (EIA)

An assessment intended to evaluate the significant effects of a project on the environment, including natural, social, and economic aspects.

Online Resources

References

U.S. Environmental Protection Agency. “Superfund Amendments and Reauthorization Act (SARA).” Accessed January 10, 2023. [link]
“Understanding the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and SARA.” Environmental Law Institute, 2019.

Suggested Books for Further Studies

“Superfund Law and Practice” by Linda A. Malone
“Environmental Site Assessments and Their Impact on Property Transactions” by Frank D. Galgano and Steven T. Callahan
“Principles of Environmental Engineering & Science” by Mackenzie L. Davis and Susan J. Masten

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

### What year was SARA enacted? - [x] 1986 - [ ] 1980 - [ ] 1990 - [ ] 1996 > **Explanation:** The Superfund Amendments and Reauthorization Act (SARA) was enacted in 1986 as amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ### What key provision under SARA protects new property owners from liability if contamination is discovered after purchase? - [ ] Public Participation Clause - [ ] Health Standards Enforcement - [x] Innocent Landowner Defense - [ ] Permanent Solutions Clause > **Explanation:** The Innocent Landowner Defense provision protects new property owners who have conducted a Phase I Environmental Site Assessment and found no contamination prior to purchasing the property. ### What does the Phase I Environmental Site Assessment typically include? - [ ] Soil sampling and chemical analysis - [x] Review of current and historical use of the property - [ ] Remediation of identified contaminants - [ ] Public health impact study > **Explanation:** A Phase I Environmental Site Assessment involves a thorough review of the current and historical use of the property as well as regulatory records to determine the potential for contamination. ### Which federal agency is primarily responsible for overseeing the implementation of SARA? - [ ] Department of Commerce - [ ] Housing and Urban Development (HUD) - [x] Environmental Protection Agency (EPA) - [ ] Federal Emergency Management Agency (FEMA) > **Explanation:** The Environmental Protection Agency (EPA) is primarily responsible for overseeing the implementation and enforcement of SARA. ### One of the key focuses of SARA is to: - [ ] Minimize public awareness of contamination issues - [ ] Limit state involvement in cleanup activities - [x] Increase state and public involvement in remediation processes - [ ] Prioritize temporary fixes over permanent solutions > **Explanation:** SARA emphasizes increased state participation and public involvement in cleanup processes and decision-making, in addition to seeking permanent solutions for contaminated sites. ### Who primarily benefits from the public participation requirements of SARA? - [x] Local communities - [ ] Only federal agencies - [ ] Real estate developers - [ ] Political leaders > **Explanation:** Local communities primarily benefit from the public participation requirements as they get a chance to be involved in the decision-making process related to the cleanup of contaminated sites. ### Which act did the Superfund Amendments and Reauthorization Act amend and extend? - [ ] National Environmental Policy Act (NEPA) - [ ] Clean Water Act (CWA) - [x] Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - [ ] Resource Conservation and Recovery Act (RCRA) > **Explanation:** The Superfund Amendments and Reauthorization Act (SARA) amended and extended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ### How does SARA address health concerns linked to hazardous waste sites? - [x] By including provisions focusing on human health effects - [ ] By conducting independent research projects only - [ ] By establishing separate health care facilities - [ ] By avoiding remediation of sites near residential areas > **Explanation:** SARA specifically includes provisions that address human health effects linked to hazardous waste site contamination, ensuring that health risks are considered in the remediation process. ### What does the term "brownfield" refer to in the context of SARA? - [ ] Newly developed residential land - [ ] Agricultural land in rural areas - [x] Properties potentially complicated by the presence of hazardous substances - [ ] Land designated for industrial use only > **Explanation:** In the context of SARA, a "brownfield" refers to properties where the presence or potential presence of hazardous substances, pollutants, or contaminants may complicate expansion, redevelopment, or reuse. ### Which clause in SARA facilitates the use of innovative technologies in cleanup projects? - [ ] Public Participation Clause - [x] Emphasis on Permanent Solutions - [ ] Innocent Landowner Defense - [ ] Increased State Involvement Clause > **Explanation:** SARA places an emphasis on permanent solutions, which includes the utilization of innovative technologies for thorough and sustainable cleanup efforts at contaminated sites.