CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), commonly known as Superfund, is a law that was originally enacted by Congress in December 1980. Its purpose was to give the federal government authority to monitor, regulate, and respond to releases or threatened releases of hazardous substances that could be harmful to the public or the environment. CERCLA, along with sanctioning two kinds of response actions, included 3 provisions:
- establish prohibitions and requirements concerning closed and abandoned hazardous waste sites;
- provide for liability of persons responsible for releases of hazardous waste at these sites; and
- establish a trust fund to provide for cleanup when no responsible party could be identified.
EPCRA refers to the Emergency Planning and Community Right-to-Know Act. Adopted in 1986, it was related to the Superfund law because of the public's demand for more protection from chemical exposure and emergencies. According to EPCRA, businesses and industry are required to report the types of chemicals they store, use, and release. The act allows communities to track toxic chemicals and provides emergency planning and notification if hazardous substances were released into the environment.
Both CERCLA and EPCRA are subject to oversight and enforcement by the Environmental Protection Agency (EPA).
Comments on EPA Proposal to Exempt Animal Waste from Administrative Reporting of Hazardous Substances Released into the Air - March 24, 2008
At the end of 2007, EPA suggested that rules under CERCLA and EPCRA be amended to exclude the reporting of air emissions that emanate from animal waste on farms. Click on the link above to view the formal comments submitted jointly by NMPF and the National Council of Farmer Cooperatives (NCFC) in response to this proposal.
Federal Legislation: CERCLA/EPCRA - S 807/HR 1389
S 807 and HR 1389 were bills in the US Senate and House of Representatives that sought to amend the 1980 CERCLA Act, also known as the "Superfund" law. Specifically, proponents wanted to include a provision that stated that manure from animal operations should not be considered a hazardous substance when reporting air emissions. The bills had 26 co-sponors in the Senate and 128 co-sponsors (bipartisan and multiregional) in the House. These are NMPF's views on amending the CERCLA/EPCRA legislation:
- Congress never intended the 1980 Superfund law to apply to farms and agricultural wastes.
- It doesn't make sense to lump thousands of farms and livestock producers with the 1300 federal Superfund toxic waste sites.
- American agriculture is effectively regulated by a wide range of federal and state environmental laws, regulations, and permitting. It has never been regulated by CERCLA or EPCRA.
- Dairy producers are responsible stewards of the land, water, and air, which means they are capable of regulating the emissions from their own farms.
