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How Funding Cuts by the George W. Bush Administration Have Impacted the Effectiveness of the Superfund Program
Case Studies in New Jersey and Florida

The Comprehensive Environmental Response, Compensation and Recovery Act (CERCLA), usually referred to as the Superfund program, was created in 1980 in response to the substantial contamination of a New York town called Love Canal, which had been built over what was previously a toxic chemical dumpsite (Wolk).  Superfund was designed to provide a means by which America’s most hazardous toxic waste sites could be uncontaminated, neutralizing both the harm to people living in the vicinity of or coming in contact with a site, as well as any harm to the proximate environment.  It is estimated that "one in four people live within four miles of a Superfund site" (Science in Policy).  The Superfund program has proven to be quite useful in the 25 years since its inception.  The program not only cleans up these sites, it also works to redevelop them in such a way that they become a viable and productive part of their community, as illustrated in these before and after pictures from the EPA’s Superfund website (EPA).

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Bangor Gas Works (Bangor, Maine) BEFORE

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Bangor Gas Works (Bangor, Maine) AFTER

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Old Works/East Anaconda Smelter (Anaconda, Montana) BEFORE

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Old Works/East Anaconda Smelter (Anaconda, Montana) AFTER

Cleaning up contaminated sites is a costly endeavor, and the EPA draws the money it needs for the Superfund from two distinct sources.  The EPA’s first line of action is to order those responsible for the contamination to pay for the cleanup.  Should the responsible parties refuse to do so, the EPA will attempt to clean up the contamination, and then can charge the polluters up to three times the amount of the clean up.  Additionally, the EPA can charge penalty fees.  Generally speaking, polluters pay for about 70% of all cleanups.  The other 30% of cleanups are funded by a trust fund that was originally created by Congress.  The trust fund monies come from three different sources:  a fee for the purchase of toxic chemicals often found at contaminated sites; a fee for the purchase of crude oil; and the Corporate Environment Income Tax, which is a tax placed on corporations whose income exceeds $2 million (Wolk).  The monies in the trust fund are dwindling now, though, because the Corporate Environment Income Tax expired in 1995 and George W. Bush has thus far refused to reinstate it (Science in Policy).

  Bush has a history of choosing industry over the environment, dating back to the days of his governance of Texas.  According to TX Peer, “Many industry legislative initiatives during Gov. George W. Bush’s term in office follow parallel themes:  limiting liability for polluters, reducing public input on regulatory decisions, allowing ‘voluntary’ instead of mandatory compliance with environmental laws, and, allowing polluters to design their own anti-pollution programs” (TX Peer).  Take for example Texas House Bill 2776.  This bill, passed by Bush in 1997, greatly changed the Texas Superfund program, which deals with the cleanup of contaminated sites that the EPA does not allow into the federal Superfund program.  After creating a workgroup that was “dominated by the state’s most significant polluters” to examine the state’s Superfund program, Bush made several important changes to the program.  These changes only served to weaken the Texas Superfund program as a whole.  Among other things, these changes allowed for “immunity from liability” for contamination on “other people’s property,” as well as contained “covenants not to sue,” further protecting industrial polluters (TX Peer).  It is apparent that Bush’s tendencies toward favoring industry have followed him to the White House.

Since the Bush administration took over the White House in 2000, funding of the Superfund program has decreased dramatically.  In January of 2004, the EPA released a report that “admits that the Bush Administration failed to adequately fund the clean up of hazardous toxic waste sites in FY [fiscal year] 2003” (Willett).  This lack of funding has made it impossible for the EPA to clean up as many contaminated sites as it might otherwise have, had there been enough money in the trust fund.  Throughout the country, contaminated sites that should be receiving attention from the EPA’s Superfund are not.  Both New Jersey and Florida are suffering from the lack of funds, as are countless other states, and the people who live near these sites.

Links

EPA's Superfund

Love Canal