1.  Introduction.
   • List of  Pennsylvania Superfund Sites.
   • EPA Office of Solid Waste and Emergency Response Homepage.
   • EPA Superfund Home Page.
   • EPA Superfund Site Index
   • THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT, a SARA Title III Factsheet from EPA's Office of Solid Waste and Emergency Response (OSWER).
   • EPA "List of Lists" — "Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA) and Section 112(r) of the Clean Air Act" for EPCRA Section 302 Extremely Hazardous Substances, CERCLA Hazardous Substances, EPCRA Section 313 Toxic Chemicals, CAA 112(r) Regulated Chemicals For Accidental Release Prevention. Despite its name and nickname, the list is not all inclusive..pdf file
   • Toxic Release Inventory from EPA.
   • The Chemical Scorecard allows you to identify reported TRI releases by zipcode (county) and much more from EDF.
   • EPA's Sector Facility Indexing Project (SFIP). The SFIP, a pilot program developed by EPA, integrates and provides public access to more environmental information than has ever before been available to the public in one location. The SFIP profiles approximately 650 facilities in five industrial sectors: automobile assembly; petroleum refining; pulp manufacturing; iron and steel; and primary smelting and refining of aluminum, copper, lead, and zinc (nonferrous metals).
   • GAO Report: Superfund: Progress Made by EPA and Other Federal Agencies to Resolve Program Management Issues (Chapter Report, 04/29/99, GAO/RCED-99-111).
   
   The Cases:
   • United States v. Mottolo, Record of Decision (ROD) Abstract for the Mottolo Pig Farm; EPA Site Fact Sheet, Record of Decisison (ROD), and EPA's second Five Year Review since site completion (2003).
     
     
   • United States v. Alcan Aluminum Corp., ROD, a .pdf file, and Buttler Mine Tunnel CERCLIS database
     40 C.F.R. § Sec. 302.4 (2002) Designation of hazardous substances (provides RQs and CASRNs for listed hazardous substances). [slow loading site].
     
     
   • Clinton County Commissioners v. United States Environmental Protection Agency, Drake Chemical Site Information Center. EPA presntly plans to complete actions to permit removal from the NPL by Dec. 30, 2028.
     
     
   • To find a site on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), try this Superfund Query Form from EPA. For example, EPA also lists the Butler Mine Tunnel as a Current Hazardous Waste Site in the CERCLIS. Search for "butler mine tunnel."
   
   
2.  Retroactivity?
    
3.  Risk Avoidance and Risk Shifting.

   The following sites are commercial information providers. They are included here to show how, with relative ease, one may obtain a great deal of relevant information about a target property acquisition from expert information service providers.

   • All Lands Data and Research, Inc., Phoenix, AZ ("All Lands, a Woman-Owned Business, was established on August 18, 1990 for the main purpose of providing specialized information for Historical Title and Regulatory Database Research.")
   • Environmental Resources Data, Inc. This commercial environmental services provider's site is worth browsing when you have time to see the kinds of Reports usually available.
   • Environmental Data Services Products and Services.
   NOTE: Inclusion on this list is not an endorsement of any particular provider.
   
   RCRA
   • RCRA Online from EPA.
   • RCRA Regulations 40 C.F.R. Pts. 240 to 299.
   • How is Corrective Action Different from Superfund? from EPA Office of Solid Waste (OSW).
   • Comparison of RCRA Corrective Action and CERCLA Remedial Action from the U.S. Department of Energy, Office of Environmental Management.
   • RCRA Corrective Action Program from EPA.
   
   a.  The "Innocent Landowner."
   Foster v. United States, 922 F. Supp. 642 (D. D.C. 1996)
   
   Photos of the Riverside site on November 6, 1999.
   AMERICAN SOCIETY FOR TESTING AND MATERIALS Standards:
   • Summary of ASTM E1528-00 "Standard Practice for Environmental Site Assessments: Transaction Screen Process" ©2000 by ASTM.
   • Summary of ASTM E1527-00 "Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process " ©2000 ASTM.
   • Summary of ASTM E1903-97 "Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process" ©2000 ASTM
   • Summary of ASTM E1023-84(1996) "Standard Guide for Assessing the Hazard of a Material to Aquatic Organisms and Their Uses" © 2000 ASTM.
   
   b.  Risk Shifting by Agreement.

Commentary on the state of Superfund at the end of 2002: For a provocative, interesting, and discomforting view of the federal Superfund program today, read Lolly Merrill, "Life in the Wasteland," High Country News vol. 34, Issue 23, p. 1 (December 9, 2002). From the same edition, see "22 years of Superfund and "Brownfield program makes cleanup profitable." B.  State Statutes and Private Remedies.

C.  What Can We do About Contaminated Land? Greenfields and Brownfields.

"THE CAPITOL BROWNFIELDS CENTER: A Brownfields Success Story" by F. Michael Wysocki, Esquire
• EPA Notice of intent to delete the Middletown Air Field Site from the National Priorities List and request for comments, 62 Fed. Reg. 28407 (May 23, 1997).
• EPA Notice of deletion of the Middletown Air Field Site from the National Priorities List, 62 Fed. Reg. 36997 (July 10, 1997).

U.S. Environmental Protection Agency
Model Consent Decrees and Other Agreements from EPA:    EPA has published several forms of documents intended to grant some form of relief to those who seek to comply with CERCLA, including:

• Model De Minimus Contributor Consent Decree and Administrative Order on Consent; 60 Fed. Reg. 62849 (1995)
• Model CERCLA Section 122(h)(1) Agreement for Recovery of Past Response Costs, 60 Fed. Reg. 60246 (1995)
• Guidance on Settlements with Prospective Purchasers of Contaminated Property (1995)
• Model Comfort Letter Clarifying NPL Listing, Uncontaminated Parcel Identifications, and CERCLA Liability Involving Transfers of Federally Owned Property (1995)
• Policy on the Issuance of Comfort/Status Letters (1995)

U.S. Department of Justice CERCLA Model Consent Decrees
• Model CERCLA Section 107 Agreement for Recovery of Past Response Costs USDOJ
• Model CERCLA Section 122(h)(1) Agreement for Recovery of Past Response Costs USDOJ

EPA Initiatives: EPA has announced a "Brownfields Initiative" to assist in cleaning up contaminated properties and has produced information on its efforts and goals on EPA Brownfields Home Page,. and, for Pennsylvania and other states within EPA's Region 3, on Region 3 Brownfields Initiative. A wealth of technical information is available at The Hazardous Waste Clean-up Information Web Site maintained for EPA by Environmental Management Support, Inc.

State Initiatives:
More and more states are adopting legislation to assist land owners, developers, and municipalities clean up contaminated sites.
• Pennsylvania's Programs.
• Links to Other State and Regional Brownfield Programs.
• Profiles of State Brownfields Programs from the National Governors' Association's NGAOnline.
• New York Brownfields initiative and New York State's Voluntary Cleanup Program..

Technical Advice:
• Technology Tree, a web site describing cleanup technologies from Center for Public Environmental Oversight (CPEO).

Some Useful Internet Sites:

• Center for Public Environmental Oversight, a public interest Brownfields site. Click on "Tech Tree" for many resources, including an excellent "Glossary" of terms used to describe various cleanup technologies.
• The Environmental Valuation and Cost benefit Website from The Cost Benefit Group
• EPA Office of Emergency and Remedial Response Home Page
• Superfund Records of Decisions (RODS) Abstracts Index
• Info. Net. Superfund Settlements (INSS)
• EPA Office of Solid Waste & Emergency Response (OSWER) Home page
• Locate Superfund sites from EPA.
• CLU-IN (EPA) Hazardous Waste Clean-Up Information
• EPA Chemical Emergency Preparedness and Prevention Office (CEPPO)
• Toxic Release Inventory (The Right to Know Network)
• Robert Emmet Hernan, Love Canal Study: A State's Right to Punitive Damages, 1 Touro Envt'l L.J. (1994)