CERCLA and Forest Service CERCLA Authority

"CERCLA” is the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (40 CFR part 300 et seq.).

CERCLA was enacted to enable the federal government, specifically the Environmental Protection Agency (EPA) and several other federal agencies, to respond to or “clean up” sites that have releases or spills of hazardous substances, pollutants, or contaminants to the environment. Some of the early, famous sites addressed under CERCLA include “Love Canal” near Niagara Falls, New York; “Times Beach” in Missouri; and “The Valley of the Drums” in Nevada. Hazardous substances listed in CERCLA and other laws include a wide range of chemicals and compounds, including some metals which may occur in water draining from various types of mines.

CERCLA established a tax on the chemical industry, called “the Superfund,” for EPA use at the most seriously impacted sites. As a result, CERCLA is often called “the Superfund Law.”

The Forest Service and other land management agencies have CERCLA authority similar to the EPA, however, the Forest Service does not have access to “the Superfund.”

National Environmental Policy Act (NEPA) does not apply to CERCLA response actions. However, the Forest Service conducts CERCLA response actions in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan, more commonly called the National Contingency Plan or NCP. The NCP provides the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP includes a framework similar to NEPA for planning and coordinating response actions. The Forest Service prepares planning tools such Preliminary Assessment/Site Inspection report and Engineering Evaluation/Cost Analysis reports to develop and evaluate response action alternatives. The NCP also requires compliance with other laws during response actions to the extent practicable such as the National Historic Preservation Act, Endangered Species Act, and the Clean Water Act. Similar to NEPA, community involvement is an important step to inform the public and engage the public in decision-making. The public is invited to comment on the selection of response action alternatives. All significant public comments are considered and included in the selection of the final alternative. The final alternative is the remedy implemented for the site.

Forest Service response actions under CERCLA Since 1997, the Forest Service has been active in the restoration of environment and cleanup of hazardous substances on National Forest System lands in the United States. USDA has played a major role in this effort through actions of the Department and its agencies.

In general, for response actions on National Forest System lands, the Forest Service is the lead agency as defined by the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 40 C.F.R. Part 300. The Forest Service response actions are conducted not inconsistent with the NCP. The majority of the response actions have occurred at abandoned mines. Past mining operations left hazardous substances on federal lands administered by the Forest Service. These sites may consist of soil, sediment, and water containing arsenic, lead, antimony, and other heavy metals listed as hazardous substances under CERCLA.