How Does Superfund Work

The Remediation Division state lead section has four teams whose members manage or provide management assistance to the EPA with regard to the Superfund remediation process, after the Superfund Site Discovery Assessment Program identifies a site as being eligible for listing on either the Texas Superfund registry or the federal National Priorities List (NPL). In fulfillment of their role, the state lead section teams ensure that all Superfund activities are completed in a timely and efficient manner, and in accordance with all applicable state and federal laws and rules:

• Environmental Cleanup Section
  Under Chapter 361 of the Texas Health and Safety Code, Solid Waste Disposal Act, Section 361.183, eligible state sites that do not qualify for the federal Superfund program must first be addressed by potentially responsible parties (PRP).
  
  
• National Priorities List
  After the TCEQ refers a site to the U.S.Environmental Protection Agency (EPA), and it is accepted for the National Priorities List (NPL), the state lead teams either take the lead or provide management assistance to EPA's Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) program. The state of Texas assists EPA or takes the lead in the project management of the remedial investigation (RI), feasibility study (FS), remedial design (RD), remedial action (RA) and operations and maintenance (O&M) phases. The RI, FS and RD phases receive 100 percent funding from EPA. The RA phase usually has a cost-sharing requirement where the EPA provides 90 percent of the funding and the state provides the remaining 10 percent. With the exception of the first year, also known as the "operational and functional" period, the O&M phase is 100 percent state funded. EPA provides funding to the Texas Superfund program by any or all of the following:
  • multi-site cooperative agreement
  • site-specific cooperative agreement
  • block funding agreement
  • management assistance agreement

• Department of Defense
  The Department of Defense provides 100 percent funding to the state Superfund program for management assistance provided at Texas military sites undergoing CERCLA remediation activities. The Department of Defense also provides funding for remediation at federal facilities under the federal Resource Conservation and Recovery Act (RCRA).
• State Fund Lead
  If potentially responsible parties are not available or forthcoming, the program may then utilize the Hazardous & Solid Waste Remediation Fee Account as a funding source for state-conducted remediation activities.

E-mail:  superfnd@tceq.texas.gov if you have questions.