3. Typical Numbers of Samples Collected During a Superfund Cleanup Effort 18 4. Information Concerning Design Contract Awards by the Army Corps of Engineers ..... 31 5. Civilian Employment in Occupations with 5,000 Workers or More, 39 6. Membership of Geological Societies 45 7. Projected Removals and Remedial Actions Under Superfund, 19851995 ... 53 Figure 1. 1981 Average Facility TSD Capacity Utilization Rates, by Region 50 INTRODUCTION The Superfund program 1/ was enacted in 1980 to authorize the Federal Government to respond to hazardous substance spills and releases of hazardous substances from disposal sites. The taxing authority of the law expires at the end of fiscal year 1985, and a central issue of the reauthorization debate is how large the fund should be for the next five years. When passed in 1980, the taxes and the authorization for Federal appropriations were set at levels designed to raise $1.6 billion over the 1980-85 period. That amount is seen by virtually all interested parties as inadequate to address the cleanup problem, and current proposals to expand the fund are in the $5-10 billion range for the 1985-90 time period. A key question in deciding whether to set the fund at the upper or lower ends of that range, or somewhere in between, is how fast the money can be spent effectively by the Environmental Protection Agency (EPA), which is the program's lead agency. To help answer that question, the House Energy and Commerce Committee's Subcommittee on Commerce, Transportation, and Tourism asked the Congressional Research Service to examine four key components of EPA's ability to spend: (1) the availability of laboratory capacity to analyze the number of samples that will be taken at Superfund sites; (2) the availability of contractors for design and construction of remedial actions; (3) the availability of 1/ The authorizing law is properly titled the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510. CRS-2) scientific and technical personnel to meet the demands of an expanded Superfund; and (4) the availability of treatment, storage, and disposal capacity to manage the waste generated by an expanded cleanup program. CRS analyzed these questions by reviewing reports and other available data provided by EPA, its contractors, the Army Corps of Engineers, State governments, major trade associations, and firms engaged in Superfund cleanups. In addition, CRS conducted approximately 40 telephone interviews with individuals knowledgeable about aspects of the program. The major conclusions of our report are summarized in the next section, Principal Findings. A more general discussion of each question individually is provided in the ensuing chapters. CRS-3 1. PRINCIPAL FINDINGS The evidence reviewed for this report indicates that, with few exceptions, available facilities and personnel could support a substantial expansion of the Superfund program over the next five years. In particular, the evidence suggests that: Current laboratory capacity could support a substantial increase There is general agreement that there will not be a shortage of firms to undertake design and construction of remedial actions; With few exceptions, there appear to be ample scientific and engineering personnel to carry out an expanded Superfund program; and It is not clear whether the adequacy of waste treatment and disposal capacity will constrain the growth of Superfund spending. Laboratory Capacity The EPA contract lab program (CLP), which analyzes most Superfund samples, "has doubled its demand on private sector analytical laboratories each year over the past four years." 2/ In the current fiscal year, the program will analyze about 69,000 samples. The rapid growth of the program has caused some management problems, but the overall quality of lab analyses appears to be good. EPA points with pride 2/ U.S. Environmental Protection Agency. Office of Solid Waste and Emergency Response. Extent of the Hazardous Release Problem and Future Funding Needs--CERCLA Section 301(a)(1)(C) Study: Final Report, [Washington, 1984], P. 3-11. CRS-4 to the fact that it has not lost a single Superfund court case because of inadequate sampling and analysis. Because sampling is used to define the nature and extent of a site's problems, the number of samples taken is highest in the early phases of site inspection, removal, and remedial investigation. Under the Administration's proposal for reauthorizing Super fund, these activities would show a sharp decline in the period FY 1987 FY 1990 (see Table 1). Demand for sample analyses would peak at 75,810 in FY 1986, and would decline 63 percent by FY 1988, before leveling off. Using the Administration's projections, this study estimates that the number of Remedial Investigations and Feasibility Studies could nearly triple by FY 1988, without increasing the current demand for lab analyses. In addition, current lab capacity could be expanded through better use of available facilities. B. Contractors for Design and Construction EPA projects a substantial increase in the number of remedial actions to be designed and constructed under the Superfund program beginning in the current fiscal year. The program will begin more design activities in FY 1985 than it did in FY 1981-1984 cumulatively. Construction starts in FY 1985 will be almost as many as in the previous four years. The Agency projects a further increase in both design and construction in FY 1986 and FY 1987 with activity leveling off in FY 1988 (see Table 2). Despite the rapid increase in the number of remedial actions, there is general agreement that there will not be a shortage of firms to undertake design and construction. According to the American Consulting Engineers Council, over 300 firms have the direct or related experience to undertake Superfund remedial work. EPA, the Army Corps of Engineers, and the States have generally not experienced shortages of qualified firms. |