Cleanup Enforcement

Generally, EPA’s Superfund program has three options for Superfund sites that need long-term (remedial) clean ups:

• Listing the site on the National Priorities List (NPL),
• Addressing the site using other clean up options (e.g., other federal or state programs), or
• Using the Superfund alternative approach.

The Superfund alternative (SA) approach uses the same investigation and cleanup process and standards that are used for sites listed on the NPL. The  SA approach is really an alternative to listing a site on the NPL; it is not an alternative Superfund process.

The SA approach can save the time and resources associated with listing a site on the NPL.  As long as a PRP enters into an SAA approach agreement with EPA, there is no need for EPA to list the site on the NPL (although the site qualifies for listing on the NPL).

Currently, sites with SA approach agreements are a small percentage of all cleanup agreements.

Threshold Criteria for Using the Superfund Alternative Approach
Getting Started with the Superfund Alternative Approach
Negotiating Superfund Alternative Approach Agreements
Sites with Superfund Alternative Approach Agreements
Community Participation
Resource Information

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Threshold Criteria for Using the Superfund Alternative Approach

Eligibility for the Superfund alternative approach is based on the following three criteria:

1. Site contaminants are significant enough that the site would be eligible for listing on the NPL (i.e., the site would have a Hazard Ranking Score (HRS) ≥ 28.5),
2. A long-term response (i.e., a remedial action) is anticipated at the site, and
3. There is a willing, capable PRP who will negotiate and sign an agreement with EPA to perform the investigation or cleanup.

Getting Started with the Superfund Alternative Approach

EPA determines if the Superfund alternative (SA) approach is appropriate at a particular site.  (A PRP may request that a site be evaluated for the SA approach.) If a site meets criteria 1 and 2 above, EPA and the PRP may choose to negotiate an SA approach agreement. The SA approach agreement is equivalent to an agreement negotiated at an NPL site.

PRPs may choose not to negotiate an SA approach agreement.  In that case, the site would proceed to cleanup on a different path.

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Negotiating Superfund Alternative Approach Agreements

EPA will negotiate Superfund alternative approach agreements with PRPs for site investigation (usually an administrative order on consent (AOC)) and site cleanup (in the form of a judicial consent decree (CD)). 

Both the AOC and the CD include language specific to the Superfund alternative approach that keeps these sites in an equivalent position to sites listed on the NPL. 

EPA has model language for Superfund alternative approach provisions that address:

• NPL listing after partial cleanup,
• Technical assistance for communities,
• Financial assurance for work continuance, and
• Natural resource damage claims.

What provisions are needed depends on the work being performed.

Sites with Superfund Alternative Approach Agreements

At the end of fiscal year 2008 (September 30, 2008), there are approximately 40 SA approach agreements addressing 45 sites. Some sites have more than one agreement; in another case, one agreement addresses six different sites.

Specific sites with Superfund alternative approach agreements.

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Community Participation

At sites proposed to be listed on the NPL, a qualified community group may apply for a technical assistance grant to hire an independent technical advisor.  In Superfund alternative agreements at sites not proposed to be listed on the NPL, EPA negotiates a technical assistance plan provision for the PRP to provide funds should a qualified community group apply. 

Resource Information

The following resources provide additional information on the Superfund alternative approach and the Superfund program:

• Superfund alternative approach guidance documents and other Superfund alternative approach documents are available from the Superfund cleanup enforcement policy and guidance document database.
• "Results of the Superfund Alternative Approach Evaluation" (PDF) (7pp, 76K, About PDF), (September 2007). Report on the results of the evaluation of 18 month pilot of regional implementation of Superfund alternative approach.
• Understanding Superfund alternative approach Information Sheet. Explains the Superfund alternative approach to interested external stakeholders. (Also available in PDF format (2pp, 98KB))
• Superfund clean up program web site.

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