What is a Superfund Site? Superfund sites are “discovered” when the presence of hazardous waste is made known to EPA. There are two basic types of responses that EPA uses to manage polluted sites: 1) removal actions – used to handle emergency oil spills or chemical releases and short-term responses and 2) remedial actions – used to handle complex sites needing a long-term response. This webpage provides a summary and resources for remedial actions for non-federal facilities. See TLAC’s Superfund sites – removal actions webpage for information on managing spills, short-term responses, and non-time critical removal actions and TLAC’s Federal Facilities webpage for information on Tribal engagement in federal facility cleanups. Also see EPA’s Learn About Superfund webpage.
Tribes can lead Superfund cleanup efforts if they have the necessary technical and management expertise. See the various cooperative agreements open to eligible Tribes at TLAC’s Securing Funding webpage.
Learn more about superfund remedial actions:
Superfund Site - Remedial Action Description
Superfund Site – Remedial Actions: Used to handle complex sites needing a long-term response. Remedial actions manage releases that do not pose an urgent threat to public health or the environment and do not require immediate action.
Superfund sites are hazardous waste sites created when hazardous commercial and industrial wastes that were mismanaged pose unacceptable risks to human health and the environment. These sites commonly include manufacturing facilities, processing plants, landfills, and mining sites. In certain circumstances involving Superfund sites, EPA is required or directed to consult with federally recognized Indian Tribes. Specifically, for Superfund sites on land where a Tribe has jurisdiction, CERCLA requires EPA to give Tribes “substantially the same treatment as a state” for, among other things, consultation on remedial actions. Remedial actions involve complex and highly contaminated sites that often require several years to study the problem, develop a permanent solution, and clean up the hazardous waste. Tribes’ involvement in Superfund has grown over the years, and Tribes are now involved in every phase of cleanups.
EPA’s Superfund program has three options for Superfund sites that need long-term (remedial) cleanups:
- listing the site on the National Priorities List,
- addressing the site using other cleanup options (e.g. other federal or state programs), or
- using the Superfund Alternative Approach.
EPA’s Search for Superfund Sites where you live website includes search options for Superfund sites on the National Priorities List (NPL), Non-NPL Sites, alternative approach sites, and other types of sites requiring cleanup. Additional sites of interest include Proposed NPL Sites, NPL Sites, and Deleted NPL Sites and Sites with Superfund Alternative Approach Agreements.
Engaging Your Community - Community Values Inform Future Uses of a Superfund site
EPA’s Superfund Community Involvement Program provides individuals affected by hazardous waste sites with information and opportunities to participate as active partners in the decisions that affect Superfund sites in their community. The community has a voice during all phases of the Superfund process, and plays an important role in assisting EPA with gathering information about the site. Tribal environmental professionals play an important role in assisting EPA and other partners in meaningful outreach to the community to ensure they have the opportunity to be engaged in, and to comment on, the work being done at sites in their community.
EPA’s Superfund Redevelopment Initiative helps communities return some of the nation’s worst hazardous waste sites to safe and productive uses. EPA is also working with communities at sites that have already been cleaned up to ensure long-term stewardship of site remedies and to promote reuse. See EPA’s Community Support at Superfund Sites for more information and resources.
This is Superfund: A Citizen’s Guide to EPA’s Superfund Program
Superfund Community Involvement Handbook
Superfund Community Advisory Groups (CAGs) are designed to serve as the focal point for the exchange of information among the local community and EPA, Tribes, the state regulatory agency, and other pertinent agencies/organizations involved in the cleanup of the Superfund site. EPA, in conjunction with appropriate State, Tribal, or local governments, should inform and educate the community about the purposes of a CAG and the opportunities for participating in it.
Climate Consideration at Superfund Sites
Applicable Laws, Regulations, Policies, and Guidance Documents
The applicable laws, regulations, policies and guidelines will vary by site, depending on the regulatory authorities that have oversight authority for cleanup. Therefore, it is important to research this information at the outset and to work closely with the regulatory authorities throughout the cleanup process. In addition to the information below, which is specific to Superfund sites, a list of land protection cleanup and prevention laws that may be relevant to Tribal governments is available at EPA’s webpage Tribal Involvement in Land Cleanup Laws and Regulations.
CERCLA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) provides broad authority for federal program response to releases of hazardous substances and pollutants or contaminants. Section 126 of CERCLA requires that EPA afford Tribes substantially the same treatment as states for many response-related purposes, including:
- notification of releases,
- consultation on remedial action,
- access to information, and
- roles and responsibilities under the National Contingency Plan.
Although EPA is responsible for implementing CERCLA site assessment programs, these efforts are typically executed in concert with the states and Tribes through a variety of mechanisms, such as cooperative agreements. CERCLA section 104 allows EPA to enter into cooperative agreements with eligible Tribes to perform or participate in Superfund-eligible site response activities. EPA retains final oversight authority. Learn more at EPA’s CERCLA and Federal Facilities webpage and EPA’s Tribal Involvement in Land Cleanup Laws and Regulations webpage.
EPA’s authorities to conduct site assessment activities, including Preliminary Assessments (PAs) and Site Inspections (SIs), are discussed in CERCLA (sections 105 and 116), the National Oil and Hazardous Substances Pollution Contingency Plan (sections 300.410, 300.420, and 300.425), and applicable EPA guidance such as EPA’s Guidance for Performing Preliminary Assessments Under CERCLA and EPA’s Guidance for Performing Site Inspections Under CERCLA. In performing CERCLA site assessments, EPA identifies and prioritizes sites, including Formerly Used Defense Sites, where a release or a threat of release of a hazardous substance, pollutant or contaminant may pose an unacceptable threat to human health or the environment.
EPA’s Tribal Consultation Policy
EPA’s 2011 Policy on Consultation and Coordination and with Indian Tribes and the 2016 supplemental guidance for discussing Tribal treaty rights describe when and how consultation takes place. Additionally, Tribes may also be interested in EPA’s 2017 memorandum Considering Traditional Ecological Knowledge During the Cleanup Process, which provides direction to improve the decision-making process as it relates to site assessment, characterization, and cleanup activities and EPA’s 2017 recommendations for Consideration of Tribal Treaty Rights and Traditional Ecological Knowledge in the Superfund Remedial Program. Subscribe to EPA’s Tribal Consultation Opportunities Tracking System to receive upcoming and current EPA consultation opportunities for Tribal governments.
Cleanup Strategies
Cultural restoration is the goal that many Tribes use to guide their decision-making process and determine future uses of the site. Community values and input are critical to cleaning up a Superfund site so that the Tribe will have full use based on treaty rights. See Shoshone-Bannock Exposure Scenario for Use in Risk Assessment for an example of how Shoshone Bannock Tribe cites Treaties, Tribal environmental standards, and Tribal land use goals to develop guidance and policies that are relevant to the development or selection of exposure scenarios used for risk assessment and remediation.
It is common for Tribes to retain consultants to work with the Tribe to determine a Tribal-specific “Tribal Use Scenario” (also called Lifeways surveys) for use of natural resources in the area of the Superfund site. This information can then be used to complete a Human Health Risk Assessment associated with the remedial investigation/feasibility study (RI/FS). See Barbara Harper’s presentation, From Time Immemorial: Perspectives on Tribal Risk Assessment to Protect Heritage/Traditional/Subsistence Resources and Lifeways for more information. Funding for this work may be written into settlements with the responsible party or through a Superfund Cooperative Agreement. Additional resources and tools for characterizing and quantifying risk can be found at EPA’s Exposure Assessment Tools by Lifestages and Populations – Highly Exposed or Other website.
EPA’s goal is to fully explore future uses before the cleanup remedy is implemented, giving EPA and its partners the best chance of making its remedies consistent with the likely future of the site. EPA’s Superfund Redevelopment Initiative helps ensure that desired future uses are compatible with site cleanup remedies and removes barriers that could keep areas vacant or underused.
EPA’s Returning Some of the Nation’s Worst Hazardous Waste Sites to Safe and Productive Uses
Cleanup strategies vary from site to site based on the intended end use, available funding, liability considerations, regulatory requirements, type and extent of contamination present, and technologies available for cleanup. Additionally, strategies may change over the course of a cleanup and additional findings become available.
Superfund Cleanup Process
Due to the complexity and multi-phase process of cleaning up Superfund sites, it is important to access the most recent guidance from EPA’s Cleaning up Superfund Sites webpage. Additionally, see EPA’s Conducting Non-Time-Critical Removal Actions Under CERCLA fact sheet and EPA’s Non-Time-Critical Removal Actions webpage for an overview of how non-time-critical removal actions can address priority risks, providing an important method of moving sites more quickly through the Superfund process.
Identifying Funding Sources and Technical Assistance
Tribes often rely on funding sources such as the Indian Environmental General Assistance Program, Brownfields Tribal Response Program funding under CERCLA section 128(a), and Tribal Grants under Section 106 of the Clean Water Act to allocate staff for building the capacity needed to apply for Superfund cooperative agreements. Additionally, staff funded under these other programs may continue to be engaged with the coordination of activities with EPA and other agencies/organizations involved in the Superfund process after entering into a cooperative agreement with EPA.
EPA Superfund Cooperative Agreements (CA) include: Core Program CA, Support Agency CA, Pre-Remedial Response CA, Remedial Response CA, Enforcement CA, and Removal Response CA. View Tribal Funding Opportunities at Superfund Responses Video (13-minute webinar presentation by EPA recorded in 2016) describing the different types of cooperative agreements that are available.
Tribal Case Studies Funded With EPA Superfund Cooperative Agreements:
Tribal Remedial Actions Tar Creek Superfund Site Video (20-minute webinar presentation by EPA recorded in 2016) provides a brief history of the Tar Creek Superfund site and an overview of the work performed by the Quapaw Tribe of Oklahoma and the requirements associated with the Remedial Response Cooperative Agreements between EPA and the Quapaw Tribe of Oklahoma.
Quapaw Tribe of Oklahoma Involvement at Tar Creek, Tribal-Led Remedial Action, and Soil Amendments Video (30-minute webinar presentation by Quapaw Tribe of Oklahoma representative recorded in 2016) provides a detailed history of the Tar Creek Superfund site and an overview of the work performed by the Quapaw Tribe of Oklahoma.
St. Regis Mohawk Tribe Overview for the General Motors and 2 Alcoa Superfund Sites Video (20-minute webinar presentation by St. Regis Mohawk Tribal representatives) provides a history of the St. Regis Mohawk Tribe Environmental Division, Superfund sites, Tribal cleanup standards, Core and Support Agency Cooperative Agreements, and tips for Tribes.
Superfund Core Program Cooperative Agreements provide funds to a Tribe to conduct CERCLA implementation activities that are not assignable to specific sites but are intended to develop and maintain a Tribe’s ability to participate in the CERCLA response program. For example, the St. Regis Mohawk Tribe used this funding to focus on administrative and technical training of staff to permit them to effectively and safely respond to releases of hazardous materials and conduct site assessments at sites where hazardous substances might be found, and develop health and safety plans. The St. Regis Mohawk Tribe was then able to enter into Support Agency Cooperative Agreements with EPA for specific Superfund sites. Support Agency CAs provide funding for a Tribe to furnish necessary data to the lead agency, review response data and documents and provide other assistance to the lead agency. Support Agency CAs are site-specific.
See 40 CFR Parts 9 and 35 Cooperative Agreements and Superfund State Contracts for Superfund Response Actions; Final Rule and contact EPA regional representatives for the Superfund Remedial Program in Indian Country for additional information on applying for a Superfund Cooperative Agreement.
EPA’s Land Cleanup Funding Authorities Available to Tribal Governments is a document that contains a description for statutory authorities and the related grant program with Tribal eligibility.
Superfund Technical Assistance Grants provide funds for qualified citizen’s groups affected by a Superfund site to hire independent technical advisors to help them understand and comment on site-related information, and thus participate in cleanup decisions.
Technical Assistance Services for Communities (TASC) Program provides independent assistance through an EPA contract to help communities better understand the science, regulations and policies of environmental issues and EPA actions. TASC services can include information assistance and expertise, community education, plan development, and assistance to help community members work together to participate effectively in environmental decision-making.
EPA’s Superfund Technical Support and Resource Centers provides sources of technical support for Superfund and RCRA Corrective Action program staff.
EPA’s Superfund Job Training Initiative (SuperJTI) is an environmental remediation job readiness program that provides free training and employment opportunities affected by Superfund sites. SuperJTI Brochure
View EPA’s Superfund and Brownfields Funding Vehicles for Tribes webinar, recorded on March 23, 2020.
Obtaining Technical Assistance and Support
Tribal technical assistance and support is available through US EPA Remedial Program in Indian Country staff, TLAC staff and partners, ITEP mentorship programs, Superfund Research Centers, and other service providers and contractors. ITEP will continue to update this webpage as we become informed of Tribal-specific providers. Therefore, please feel free to contact Todd Barnell (Todd.Barnell@nau.edu), ITEP’s Waste and Response Project Director, if you or another Tribal partner you work with would like to be added to this website as a resource.
See EPA’s Remedial Program in Indian Country webpage for additional information on EPA’s history of working collaboratively with federally recognized Tribes, including EPA contacts for the Superfund Remedial Program in Indian Country.
See ITEP’s Superfund Mentor Program webpage to apply for a mentorship where you can work directly with another Tribal professional who has dealt with challenges you may be currently facing.
The National Institute of Environmental Health Sciences’ (NIEHS) Hazardous Substance Basic Research and Training Program (Superfund Research Program [SRP]) funds university-based grants on basic biological, environmental, and engineering processes to find real and practical solution to exposures to hazardous substances. For information on SRP grantees and the hazardous sites where they conduct research or community engagement activities, see the links at NIEHS – About SRP webpage.
The Inter-Tribal Environmental Council (ITEC) Superfund Program provides technical management assistance to member Tribes for the following Superfund Sites: Tar Creek, Tulsa Fuel & Manufacturing, Wilcox Oil Refinery, Hudson Refinery, Oklahoma Refining Company and also provides technical training related to the Superfund Process for the environmental staff of the ITEC member Tribes. See ITEC’s Superfund Program webpage for more information.
It is important for Tribes to seek out professional support from service providers and contractors that have experience working with Tribes. Therefore, when soliciting support, Tribes should request contact information to talk to Tribal representatives that have worked with that contractor. ITEP has facilitated Superfund conference calls and webinars that highlight the work of Tribal representatives, agencies, and contractors that you may be interested in contacting. The recorded calls and videos can be accessed at ITEP’s Tribal Superfund Working Group webpage. Check back periodically for recent webinars.
Additional Resources
The Superfund Enterprise Management System (SEMS) database search is used to retrieve Superfund data. SEMS is EPA’s primary system for Superfund data collection, reporting, and tracking and serves as the Superfund program’s data management system for accomplishment planning and tracking.
EPA’s Contaminated Site Clean-Up Information (CLU-IN) webpage provides information about innovative treatment and site characterization technologies while acting as a forum for all waste remediation stakeholder. In addition to upcoming internet seminars on various topics throughout the year, you may also search CLU-IN’s archived internet seminars and podcasts for a wide variety of technical topics related to hazardous waste characterization, monitoring, and remediation.
The Training Exchange website (Trainex) is designed to provide a wide range of training information to EPA, other federal agency, state, Tribal, and local staff involved in hazardous waste management and remediation. This site includes training scheduled for the delivery of many courses, both classroom and online.
EPA’s Tribal Consultation Tracking System (TCOTS) tracks information about potential future Tribal consultation opportunities and serves as a repository for consultation-relates documents for active consultations for all EPA programs, including Superfund. You may receive email notifications on upcoming EPA Tribal Consultations by joining the TCOTS Listserv on EPA’s TCOTS webpage.
Related TLAC Webpages
Additional Websites of Interest
