Superfund Amendments and Reauthorization Act of 1986

Superfund Amendments and Reauthorization Act of 1986
Name	Superfund Amendments and Reauthorization Act of 1986
Enacted	1986
Enacted by	99th United States Congress
Effective	1986
Public law	Public Law 99–499
Amended	Comprehensive Environmental Response, Compensation, and Liability Act

Superfund Amendments and Reauthorization Act of 1986 The Superfund Amendments and Reauthorization Act of 1986 (SARA) was a major amendment to the Comprehensive Environmental Response, Compensation, and Liability Act enacted during the tenure of Ronald Reagan and the 99th United States Congress. It expanded authorities and funding for environmental remediation overseen by the United States Environmental Protection Agency and integrated new requirements affecting Occupational Safety and Health Administration, Agency for Toxic Substances and Disease Registry, and state agencies such as the California Environmental Protection Agency and the New York State Department of Environmental Conservation.

Background and Legislative Context

SARA emerged amid high-profile contamination incidents including Love Canal, Times Beach, Missouri, and Valley of the Drums that had engaged the attention of United States Congress members from both the Democratic Party and the Republican Party. Legislative debates referenced precedent statutes like the Resource Conservation and Recovery Act and administrative actions by the Environmental Protection Agency under administrators such as Anne M. Gorsuch and William D. Ruckelshaus. Advocacy groups including Sierra Club, Natural Resources Defense Council, and community organizations in Niagara Falls, New York pushed for expanded cleanup authority, while industry lobbies and trade groups such as the United States Chamber of Commerce argued about costs and liability allocation.

Key Provisions and Amendments

SARA amended the Comprehensive Environmental Response, Compensation, and Liability Act to create provisions such as expanded remedial planning, increased community involvement, and strengthened enforcement mechanisms involving the United States Department of Justice and state attorneys general like the Attorney General of New York. It mandated interagency coordination between the Agency for Toxic Substances and Disease Registry, Occupational Safety and Health Administration, and the Environmental Protection Agency on health assessments and cleanup standards. The law introduced provisions that influenced federal programs including the National Institute for Occupational Safety and Health and required technical assistance from entities like the National Research Council and the United States Geological Survey.

Funding, Trust Fund Reauthorization, and Tax Changes

SARA reauthorized capital for the Hazardous Substance Superfund and modified the funding structure tied to excise taxes on petroleum and chemical feedstocks administered by the Internal Revenue Service. The act extended trust fund mechanisms originally created under earlier Comprehensive Environmental Response, Compensation, and Liability Act authority and prompted involvement from financial institutions such as the Office of Management and Budget and the United States Department of the Treasury in budgetary oversight. Debates referenced economic analyses by think tanks like the Brookings Institution and industry forecasts from groups such as the American Petroleum Institute and affected state treasuries including the California State Treasurer.

Impact on EPA Authority and Enforcement

The amendments bolstered the United States Environmental Protection Agency's authority to compel responsible parties, including corporations like Union Carbide and Dow Chemical Company, to perform cleanups or reimburse remediation costs. SARA strengthened enforcement tools used by the United States Department of Justice in cost recovery and contribution litigation and influenced decisions in federal courts including the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court. The act also clarified liability doctrines that interacted with statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and precedent cases involving companies like ExxonMobil.

Health, Cleanup Standards, and Community Right-to-Know

SARA emphasized health studies and community information by funding the Agency for Toxic Substances and Disease Registry and establishing the Emergency Planning and Community Right-to-Know Act of 1986 as Title III, which created reporting obligations for facilities including Dow Chemical Company plants and utilities regulated under the Federal Energy Regulatory Commission. The law required toxic release inventories and disclosure mechanisms to local entities such as state emergency response commissions and community groups in cities like Flint, Michigan and Binghamton, New York. Scientific input from institutions like the National Institutes of Health, Centers for Disease Control and Prevention, and the National Toxicology Program informed cleanup standard development and risk assessment methodologies used by the Environmental Protection Agency.

Implementation, Criticism, and Legal Challenges

Implementation involved cooperation among the Environmental Protection Agency, state environmental agencies such as the Massachusetts Department of Environmental Protection, and Federal agencies including the Federal Emergency Management Agency. Critics from environmental organizations like the Friends of the Earth and policy analysts at the Heritage Foundation argued over adequacy of funding, procedural fairness, and burdens on small businesses represented by trade groups like the National Federation of Independent Business. Legal challenges reached federal courts, invoking statutory interpretation issues adjudicated by judges from the United States District Court for the District of Columbia and appellate panels considering liability allocation, remedial authority, and procedural requirements involving parties including Chevron Corporation. The continuing evolution of CERCLA implementation has tied subsequent litigation and regulatory action to decisions by the United States Supreme Court and ongoing policy discussions in the United States Congress.

Category:United States federal environmental legislation