June 2022
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to establish a system for determining who is liable for cleaning up hazardous waste sites. The statute created the Hazardous Substance Response Trust Fund, commonly known as the “Superfund,” to pay for cleanup at sites where the liable parties cannot be identified or found, or where cleanup must occur sooner rather than later. CERCLA provided funding for the Superfund through excise taxes, but those provisions expired nearly 30 years ago. The Infrastructure Investment and Jobs Act (IIJA), which became law in November 2021, will reinstate the Superfund excise tax, effective July 1, 2022.
