Superfund

Superfund (CERCLA)
Full Name	Comprehensive Environmental Response, Compensation, and Liability Act
Enacted	December 11, 1980
Amended	SARA — October 17, 1986
Administering Agency	U.S. Environmental Protection Agency
Asbestos NPL Sites	83+ of ~1,600 total NPL sites
Largest Asbestos Response	Libby, Montana (W.R. Grace)
Liability Type	Strict, joint and several, retroactive
First Public Health Emergency	Libby, Montana — June 17, 2009

Executive Summary

The Superfund program, formally the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is a federal law enacted on December 11, 1980 that authorizes the U.S. Environmental Protection Agency to clean up sites contaminated with hazardous substances and to compel responsible parties to pay for remediation. Congress created the program in response to public alarm over toxic waste dumps such as Love Canal in New York. Asbestos contamination has been identified at 83 or more of approximately 1,600 National Priorities List sites. The largest EPA emergency response in the program's history involved the Libby, Montana vermiculite mine operated by W.R. Grace & Company, where asbestos-contaminated ore caused more than 200 deaths and over 1,000 documented illnesses among residents exposed through environmental contamination — not just occupational contact. For individuals diagnosed with mesothelioma after exposure at a Superfund site, the program's contamination documentation provides critical evidence for asbestos claims.

At-a-Glance

Superfund and asbestos at a glance:

• 83+ NPL sites contain asbestos contamination out of approximately 1,600 total National Priorities List sites
• CERCLA enacted December 11, 1980 — created a $1.6 billion trust fund from taxes on petroleum and chemical industries for hazardous waste cleanup
• Libby, Montana is the largest asbestos Superfund response — W.R. Grace's vermiculite mine contaminated an entire community, causing 200+ deaths and 1,200 residents with asbestos-related abnormalities
• First public health emergency under CERCLA declared at Libby on June 17, 2009, enabling federal healthcare for asbestos disease victims
• Waukegan, Illinois (Johns-Manville) — 350-acre asbestos manufacturing site listed on NPL in 1983, operated from the 1920s through 1998
• Ambler, Pennsylvania (Keasbey & Mattison) — asbestos manufacturing from the late 1800s left over 1.5 million cubic yards of contaminated waste
• Four categories of liable parties under CERCLA: current owners/operators, past owners/operators, arrangers of disposal, and transporters
• Superfund status strengthens mesothelioma claims — EPA contamination records provide official evidence of asbestos exposure at the site
• Community exposure causes mesothelioma — residents near contaminated sites develop asbestos diseases decades after environmental exposure

Key Facts

Measure	Finding
CERCLA Enactment	December 11, 1980 — created federal authority to clean up hazardous waste sites and hold responsible parties liable
Initial Trust Fund	$1.6 billion collected over 5 years from taxes on petroleum and 42 commercial chemicals
Asbestos NPL Sites	83+ sites with asbestos contamination on the National Priorities List (ATSDR)
Libby, Montana Impact	200+ deaths, 1,000+ illnesses, 1,200 residents with asbestos-related abnormalities from W.R. Grace vermiculite mine
Waukegan, Illinois	350 acres — Johns-Manville asbestos manufacturing, NPL-listed 1983, operated 1920s–1998
Ambler, Pennsylvania	1.5+ million cubic yards of asbestos waste from Keasbey & Mattison, NPL-listed 1986, cleanup completed 1993
Liability Standard	Strict, joint and several, retroactive — responsible parties liable regardless of fault, even for pre-1980 contamination

What Is the Superfund Program?

Congress established CERCLA after public concern over toxic waste contamination at sites like Love Canal in New York, where buried chemical waste threatened a residential neighborhood. The law gave EPA two primary tools: authority to compel responsible parties to remediate contamination, and a trust fund — initially $1.6 billion from taxes on the petroleum and chemical industries — to pay for cleanup when no responsible party could be identified.

The Superfund Amendments and Reauthorization Act (SARA) of October 17, 1986 expanded community involvement provisions and strengthened cleanup standards. The National Priorities List (NPL) serves as the official registry of the nation's most contaminated sites requiring long-term remedial action. Sites are evaluated using the Hazard Ranking System (HRS), which assesses contamination pathways through groundwater, surface water, soil, and air.

CERCLA imposes liability on four categories of potentially responsible parties (PRPs): current owners or operators, past owners or operators at the time of disposal, parties who arranged for disposal of hazardous substances, and transporters who selected the disposal site. This liability is strict (no fault required), joint and several (any party can be required to pay full cleanup costs), and retroactive (applies to contamination predating 1980).

Which Major Asbestos Sites Are on the Superfund List?

EPA categorizes asbestos Superfund sites into three types: improper disposal sites, vermiculite contamination sites, and naturally occurring asbestos sites.

Libby, Montana (W.R. Grace Vermiculite Mine)

The Libby asbestos site represents the largest EPA emergency response in Superfund history. W.R. Grace & Company purchased the Zonolite vermiculite mining operation in 1963 and operated it until 1990. The mine may have produced 80 percent of the world's vermiculite supply. The ore was contaminated with Libby Amphibole asbestos, a toxic form of tremolite-actinolite series asbestos. Contamination spread far beyond the mine — vermiculite was processed, stored, and transported throughout the town, exposing residents who had no occupational contact with asbestos.

EPA placed the site on the NPL in October 2002. On June 17, 2009, EPA declared a public health emergency — the first ever under CERCLA — enabling federal healthcare funding for residents with asbestos-related disease. The Agency for Toxic Substances and Disease Registry found asbestosis incidence in Libby "staggeringly higher than the national average."

A federal grand jury indicted W.R. Grace and executives in February 2005 on charges of conspiracy to conceal the hazardous nature of its products and obstruction of cleanup efforts. In May 2009, a jury acquitted the company after a three-month trial, though W.R. Grace separately agreed to fund $250 million in site cleanup under a civil settlement.

Waukegan, Illinois (Johns-Manville Corporation)

The Johns-Manville Corp. Superfund site covers approximately 350 acres in Waukegan, Illinois. From the 1920s through 1998, the facility manufactured asbestos products, generating waste that contaminated the surrounding area with asbestos, chromium, and lead. EPA listed the site on the NPL in 1983, making it one of the earliest asbestos sites to receive Superfund designation. Cleanup included waste consolidation, soil capping, and demolition of all manufacturing buildings in 2000–2001. The site's proximity to residential areas contributed to concerns about community asbestos exposure and elevated mesothelioma risk.

Ambler, Pennsylvania (Keasbey & Mattison)

The Ambler Asbestos Piles site traces to the Keasbey & Mattison Company, which manufactured asbestos insulation beginning in the late 1800s. Decades of waste disposal created piles containing over 1.5 million cubic yards of contaminated material. EPA listed the site on the NPL in June 1986 and completed cleanup on August 30, 1993. The site was deleted from the NPL in December 1996, but additional sampling in 2006 detected asbestos in air, soil, and water — demonstrating that contamination can re-emerge after formal cleanup. A separate site, BoRit Asbestos, also in Ambler, was later added to the NPL.

How Does Superfund Status Affect Mesothelioma Claims?

Superfund designation does not preclude personal injury lawsuits. CERCLA's function is environmental cleanup — it does not directly compensate individuals harmed by exposure. However, Superfund status strengthens a mesothelioma patient's legal case in several ways:

• EPA documentation as evidence: Remedial investigations create official records of contaminants present, concentrations, and exposure pathways
• Identified responsible parties: CERCLA's PRP identification process names specific companies responsible for contamination
• Community exposure validation: For residents who developed mesothelioma from environmental rather than occupational exposure, Superfund records establish that dangerous asbestos levels existed in the community

Individuals diagnosed with mesothelioma after living near or working at a Superfund site should consult an experienced asbestos attorney to evaluate legal options, which may include personal injury lawsuits, asbestos trust fund claims, or veterans benefits.

How Does Superfund Relate to Other Asbestos Regulation?

EPA and OSHA divide asbestos jurisdiction: OSHA protects workers in the workplace through occupational exposure limits, while EPA protects the public and environment outside the workplace through Superfund, the Clean Air Act (NESHAP), and the Toxic Substances Control Act (TSCA). Community members exposed to environmental asbestos contamination — residents, families, schoolchildren — fall under EPA's authority. The Hawks Nest Tunnel disaster of the 1930s demonstrated the consequences of inadequate regulation decades before either OSHA or CERCLA existed.

Frequently Asked Questions

What is the difference between Superfund and CERCLA?

They refer to the same program. CERCLA is the formal legal name of the 1980 statute. "Superfund" is the informal name derived from the trust fund the law created to finance cleanups.

Can I sue if my asbestos exposure was at a Superfund site?

Yes. Superfund designation addresses environmental cleanup but does not bar personal injury claims. EPA's contamination records can strengthen your case by documenting asbestos exposure at the site.

How many Superfund sites have asbestos contamination?

The Agency for Toxic Substances and Disease Registry has identified asbestos at 83 or more of approximately 1,600 National Priorities List sites.

What happened at Libby, Montana?

W.R. Grace operated a vermiculite mine contaminated with Libby Amphibole asbestos from 1963 to 1990. Contamination spread throughout the community, causing more than 200 deaths and 1,200 residents with asbestos-related abnormalities. EPA declared its first-ever public health emergency under CERCLA there in 2009.

Who pays for Superfund cleanups?

CERCLA holds four categories of potentially responsible parties liable. When PRPs cannot be found or are insolvent, EPA uses the Superfund trust fund financed by taxes on the petroleum and chemical industries.

Quick Statistics

• December 11, 1980 — CERCLA signed into law
• $1.6 billion — initial Superfund trust fund from industry taxes
• 83+ — NPL sites with confirmed asbestos contamination
• 350 acres — Johns-Manville site in Waukegan, Illinois
• 1.5+ million cubic yards — asbestos waste at Ambler, Pennsylvania
• $250 million — W.R. Grace cleanup settlement for Libby, Montana
• 200+ deaths — attributed to asbestos exposure in Libby, Montana
• 1,200 — Libby residents with asbestos-related abnormalities
• June 17, 2009 — first public health emergency declared under CERCLA

Get Help

If you or a loved one was diagnosed with mesothelioma after exposure at or near a Superfund site, an experienced asbestos attorney can evaluate your legal options. Contact Danziger & De Llano for a free consultation.

⚠ Statute of Limitations Warning: Filing deadlines vary by state from 1-6 years from diagnosis. Texas allows 2 years from diagnosis or discovery. Contact an attorney immediately to preserve your rights.

Related Pages

• Environmental Asbestos Exposure
• Asbestos Claim Process
• Occupational Safety and Health Administration
• Hawks Nest Tunnel Disaster
• Mesothelioma