EPA has issued a limited number of releases to innocent purchasers and prospective landowners at similar sites, and EPA also grants releases through settlement with de minimis parties. Each process is cumbersome and unduly lengthy. Cities need clear authority enabling the issuance of a release that is binding on all persons, including state, local, and federal governments, to assure that no further action can be taken against a settling party for matters within the scope of the settlement. Cities need a method to jump-start Superfund cleanups. One of the most frustrating aspects of starting a Superfund Brownfield cleanup program is the lack of funding for source control or interim remedies, where it is clear that some immediate action would mitigate all or much of an environmental threat.
Private parties are reluctant to make a commitment because of liability concerns.
Cities frequently are under budget constraints that prevent such commitments, and may take a year or longer to budget such expenditures. Most state agencies do not have discretionary funds for these activities. It makes sense that some portion of Superfund response action funding be provided to states and cities committed to early response or interim remedy funding to minimize future costs and to demonstrate that at least a partial solution can be reached quickly. This has the potential to cut years off of the cleanup time for most Superfund sites, and to encourage private parties to cooperate early in cleanup activities. Cities need help with the identification of potentially responsible parties.