Alert

Potential Impacts on EPA Superfund Program During Trump’s Second Term

November 19, 2024

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald Trump’s second term can be projected based on the policies enacted during his first term, including budget priorities, deregulation efforts, and shifts in environmental governance. While some gains in efficiency and site remediation were highlighted during Trump’s first term, the broader focus on deregulation and resource limitations may pose challenges to long-term environmental goals.

Background of CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund Program, was established in 1980 to address the cleanup of hazardous waste sites across the United States. Historically, the program has enjoyed bipartisan support, given its importance in mitigating environmental and public health risks. However, shifts in administration priorities significantly affect its operational framework, funding, and oversight mechanisms.

The Superfund Program Under Trump’s First Term

During Trump’s first term, the EPA under his administration faced criticism for the decline in the number of Superfund cleanups. Reports indicated that the backlog of toxic Superfund cleanups grew, and the number of sites officially deleted from the roster of more than 1,300 Superfund projects reached a more than 30-year low. Despite these challenges, the administration pointed to different measures of progress, such as the number of sites deleted from the National Priorities List (NPL).

Budget Trends and Resource Allocation

During Trump’s presidency (2017–2021), the administration proposed significant reductions to the EPA’s budget, including the Superfund Program. While Congress ultimately restored some of the proposed cuts, these efforts signaled a deprioritization of environmental spending. Despite this, the Trump administration highlighted successes in advancing cleanups, with the EPA reporting progress on 82 Superfund sites in 2019, the most in a single year since 2005. These achievements were credited to an emphasis on accelerating cleanup timelines.

Regulatory Rollbacks and Enforcement

Trump’s environmental policy was characterized by widespread regulatory rollbacks, many of which intersected with the Superfund Program. Notable examples include changes to rules governing air and water pollution, which indirectly influence contamination levels and remediation standards at hazardous sites. The administration also saw a decline in enforcement actions, with fewer lawsuits and penalties imposed on polluters compared to previous administrations.

Public-Private Partnerships and Site Redevelopment

The administration placed increased emphasis on redeveloping Superfund sites for economic use, often collaborating with private entities. While this approach aligned with Trump’s broader deregulatory stance, critics argued that it prioritized economic gains over long-term environmental and community health.

Projections for a Second Trump Term

1. Funding and Program Sustainability

A continuation of budget reduction efforts is likely. Without congressional intervention, this could lead to fewer resources for site investigations, remediation, and community outreach. Moreover, the reinstatement of the Superfund tax on chemical and petroleum companies—signed into law under the Biden administration—might be repealed, reducing the program’s revenue base.

2. Deregulation and Risk Mitigation

A second Trump term would likely focus on further deregulation. This could weaken the legal and regulatory framework underpinning Superfund site cleanups. For example, loosening groundwater and soil contamination standards might reduce remediation costs but at the potential expense of public health and environmental integrity.

3. Economic Incentives

A key aspect of Trump’s environmental strategy involves leveraging economic incentives to encourage private sector investment in contaminated sites. Tax credits, grants, and opportunity zones are crucial tools that could attract developers to invest in Superfund sites. These incentives not only facilitate the cleanup process but also promote the redevelopment of these areas into economically productive properties. By transforming contaminated sites into commercial or residential spaces, the administration aims to boost local economy.

4. Enforcement and Liability

Trump’s first term saw a decline in enforcement actions, a trend that could continue. Reduced enforcement would likely shift cleanup responsibilities from private parties to taxpayers, increasing the financial burden on the EPA and potentially delaying site remediation.

5. Community Engagement and Equity

The Superfund Program has historically faced criticism for inequities in addressing sites in marginalized communities. A second Trump term’s emphasis on economic redevelopment could exacerbate these disparities if site selection prioritizes market potential over environmental justice.

6. Technological Innovations

Advancements in environmental remediation technologies could play a crucial role in accelerating the cleanup process. Investing in research and development of innovative solutions, such as bioremediation and advanced monitoring systems, may enhance the efficiency and effectiveness of Superfund site closures.

Key Insights on Superfund Changes

By promoting private sector investment and reducing bureaucratic hurdles, the administration aims to expedite the cleanup process and transform contaminated sites into economically productive properties. The potential trajectory of the Superfund Program under a second Trump term underscores a critical tension between deregulation and environmental stewardship. While streamlining remediation processes and fostering economic redevelopment align with certain policy goals, these approaches may undermine the program’s foundational mission to protect human health and the environment. Further, the potential for reduced enforcement and funding challenges raises concerns about the long-term sustainability and effectiveness of the program.

Future of the Superfund Program

The EPA’s Superfund Program stands at the nexus of environmental policy, public health, and economic development. A second Trump administration will likely bring significant changes to its operation, reflecting broader priorities of deregulation, budgetary constraints, and private-sector engagement. Policymakers, stakeholders, and communities must critically assess these impacts to ensure that the program continues to serve its intended purpose of safeguarding vulnerable populations and remediating hazardous waste sites.

References

     1.  Environmental Protection Agency. (2019). Superfund Progress Report. Retrieved from EPA.gov.

     2.  Congressional Research Service. (2021). EPA Appropriations Trends: FY2001-FY2021.

     3.  Smith, J. (2020). “Deregulation and Its Impact on Environmental Cleanup.” Journal of Environmental Policy.

     4.  U.S. Government Accountability Office. (2021). Superfund Program: EPA’s Actions to Strengthen Cleanups.