What Happened?

The federal government got back less than half of the $25.8 billion it spent on Superfund cleanup costs at the nation's most contaminated hazardous-waste sites between fiscal years 1996 and 2024. ​

That finding comes from the U.S. Government Accountability Office (GAO), according to a Legis1 review of its report, "Superfund: EPA Should Collect and Use Information on the Effectiveness of Its Recovery of Cleanup Costs," published Nov. 5.

The estimate covers 1,622 nonfederal sites on the National Priorities List, the Environmental Protection Agency's (EPA) list of the most contaminated sites. GAO says EPA lacks performance goals and measures to tell whether its efforts to recoup that money work.

Why Does it Matter to Me?

EPA pays for cleanups when it cannot identify the responsible parties or they fail to act, and the money comes from the Hazardous Substance Superfund Trust Fund. From fiscal years 2006 through 2024, that fund received about $34 billion in constant 2024 dollars, mostly from general fund transfers.

Congress created Superfund in 1980 through the Comprehensive Environmental Response, Compensation, and Liability Act. The law set up a program to address sites contaminated with hazardous substances, which have been linked to human health and environmental problems.

The fund was primarily financed by Superfund taxes until they expired in 1995. In 2021, Congress began reinstating some of them. In the same period, Congress appropriated about $32.8 billion from the fund for the program.

GAO also found EPA has fewer experienced staff searching for potentially responsible parties than it did 10 to 15 years ago. EPA aims to have those parties clean up sites or reimburse the agency.

Both Sides, Now

The concern on one side is that taxpayers can be left paying for hazardous-site cleanups when responsible companies cannot or do not cover their share. The Center for Public Integrity reported a bankruptcy-court ruling that discharged EPA's Superfund claims against a bankrupt steel company and barred successor companies from being held responsible for future cleanup costs.

EPA's own case summaries show recoveries through bankruptcy. A bankruptcy court approved a settlement on Nov. 1, 2013, requiring APCO Liquidating Trust to pay EPA $14 million. On Dec. 20, 2007, EPA and the Justice Department announced a $34 million settlement covering 32 sites.

EPA officials told GAO they have not measured performance because cost recovery is continuous and may take years. EPA agreed with GAO's recommendations. Congress sets the program's funding.

What Happens Next?

GAO says tracking results, such as by region, would show which efforts work best and help EPA target enforcement. All three recommendations remain open, and the report's recommendations table gives no completion date for any of them.

---

AllCiv makes it easy to stay politically informed and involved.

---

Spot something wrong? Report an issue with this article