Statutory and Regulatory Provisions

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

2003

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EPA may exercise its response authority through removal or

remedial actions. Removal actions are implemented when

there is an immediate threat to human health and the environment.

EPA has used removal actions to avert fires and explosions,

prevent exposure to acute toxicity, and protect drinking

water supplies. Removal actions typically take less than

twelve months to implement and cost less than two million

dollars. Remedial actions address long-term threats to human

health and the environment caused by more persistent contamination

sources. Consequently, they usually take much longer

to complete and cost considerably more to implement than

removal actions.

Congress designed CERCLA to ensure that those who caused

the pollution, rather than the general public, pay for the

cleanup. In order to be held liable for the costs or performance

of cleanup under CERCLA, a party must fall within one of four

categories found in CERCLA section 107(a) (see box). Using

CERCLA’s polluter pays liability scheme, EPA has ensured the

successful cleanup of many of the nation’s worst hazardous

waste sites by those responsible for the contamination – the

Potentially Responsible Parties (PRPs).