US Superfund tax and funding shortfall
- The record does not name which of my species, waters, soils or forests were harmed.
The US Superfund programme, created in 1980 to clean up contaminated sites, was financed by chemical and petroleum taxes until they lapsed at the end of 1995. The taxes returned in 2022 and 2023; fiscal 2024 receipts were about $1.2 billion against an estimate of $2.5 billion.
1981–95 compared with 1996–2007. Approximate figures reported by the US Government Accountability Office; in the second period the general fund supplied about 59%.
Status As of the EPA fiscal 2025 results and IRS Announcement 2026-2: the chemical tax runs to 31 December 2031 and the petroleum tax has no end date; fiscal 2024 receipts were about $1.2 billion against a $2.5 billion estimate.
- US general-fund taxpayers — The general fund supplied about 59% of trust fund revenue in 1996–2007, when taxes supplied about 6%. US Government Accountability Office
What happened
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) created the US Superfund programme for cleaning up contaminated sites. The programme was originally financed by taxes on chemicals and petroleum. The petroleum tax had been 9.7 cents per barrel when the taxes lapsed at the end of 1995. According to the Government Accountability Office (GAO), taxes paid between 1981 and 1998 totalled $13.5 billion.
GAO reported that taxes made up about 68% of trust fund revenue in 1981–95. In 1996–2007, after the taxes had lapsed, taxes made up about 6% of trust fund revenue and the general fund about 59%.
Congress later reinstated the taxes. The infrastructure law (IIJA) set the chemical tax at doubled rates from 1 July 2022 to 31 December 2031 and added a $3.5 billion transfer from the general fund. The Inflation Reduction Act set a petroleum tax of 16.4 cents per barrel, indexed to inflation and without an end date; another source in the record dates its return to 2023. The Congressional Budget Office (CBO) estimated about $15 billion from the chemical tax and more than $10.5 billion from the petroleum tax over about ten years, as cited in the record.
Receipts fell short of the estimate. E&E News, citing EPA budget documents, reported in April 2024 that fiscal 2024 receipts were about $1.2 billion against a $2.5 billion estimate: $472.8 million from the chemical tax against about $1.7 billion, and $732.1 million from the petroleum tax against $858 million. EPA's records show that Congress cut the fiscal 2024 appropriation by $744.5 million and used tax receipts to offset it.
Responsible parties also fund cleanups. EPA recorded fiscal 2024 commitments from responsible parties of more than $1.1 billion, plus $28.5 million in reimbursement of EPA's past costs, and a cumulative total of about $52.5 billion since 1980 (EPA, fiscal 2025 results). EPA compensates 'orphan shares', the portion of a remedy attributable to parties that cannot pay, up to 25% of remedy costs.
- 1980CERCLA creates the Superfund programme
- 1995Chemical and petroleum taxes lapse at year end; the petroleum tax had been 9.7 cents per barrel
- 2007End of the 1996–2007 period in which taxes supplied about 6% and the general fund about 59% of trust fund revenue (GAO)
- 2022Chemical tax reinstated at doubled rates from 1 July, to run to 31 December 2031; $3.5 billion general-fund transfer
- 2023Petroleum tax of 16.4 cents per barrel in force, indexed and without an end date
- 2024Fiscal 2024 receipts about $1.2 billion against a $2.5 billion estimate; appropriation cut by $744.5 million
- 2025EPA reports about $52.5 billion committed by responsible parties since 1980
What was said
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Estimated about $15 billion from the chemical tax and more than $10.5 billion from the petroleum tax over about ten years.
Fiscal 2024 receipts were about $1.2 billion against a $2.5 billion estimate.
E&E NewsHow it looked
Shown
- The tax was expected to raise about $15 billion (chemical) and more than $10.5 billion (petroleum) over about ten years.Congressional Budget Office, as cited in secondary sources (secondary citation)
Recorded
- Taxes were about 68% of trust fund revenue in 1981–95; in 1996–2007 taxes were about 6% and the general fund about 59% (GAO-08-841R).
- Fiscal 2024 receipts were about $1.2 billion against a $2.5 billion estimate: chemical tax $472.8 million against about $1.7 billion; petroleum tax $732.1 million against $858 million.
- Congress cut the fiscal 2024 appropriation by $744.5 million and used tax receipts to offset it (EPA, as reported in the sources reviewed).
- Responsible parties made fiscal 2024 commitments of more than $1.1 billion plus $28.5 million in reimbursement of EPA's past costs; the cumulative total since 1980 is about $52.5 billion.
- IRS Announcement 2026-2 stated that the 2026 petroleum tax rate of $0.18 per barrel is the Superfund portion only.
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- us-epa (FY2024–FY2025): Recorded fiscal 2024 responsible-party commitments of more than $1.1 billion plus $28.5 million in reimbursement, a cumulative $52.5 billion since 1980, and compensation of orphan shares up to 25% of remedy costs. · US Environmental Protection Agency
In court and with insurers
Lawsuits and rulings
Insurers
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Accounts
- Disputed How much would the reinstated taxes raise?
Record
- None on record the sources reviewed's primary sources give no percentage split of cleanup costs between responsible parties and the fund.
- None on record No current count of orphan sites and no Treasury balance for the Superfund trust fund were found.
- Insufficient Reported but not independently verified: a reports of a 2015 EPA archive page said responsible parties perform about 69% of ongoing cleanups.
- Insufficient Reported but not independently verified: a 2022 reports of an accounting-firm note (Withum / Deloitte) put the expected yield of the reinstated chemical tax at about $14.4 billion over ten years, to 2031.
Did the harm stop?
Not applicable: the record concerns a funding mechanism, not a single harm. The chemical and petroleum taxes lapsed at the end of 1995; the chemical tax was reinstated from 1 July 2022 (to 31 December 2031) and the petroleum tax by 2023.
Who paid?
After the taxes lapsed, the general fund supplied about 59% of trust fund revenue in 1996–2007 (GAO). Responsible parties have committed about $52.5 billion since 1980 (EPA).
Sources
Government and regulators
- Congressional Research Service report R48630 on Superfund taxes and fundingCongressional Research Service ·
- GAO-08-841R on Superfund trust fund revenueUS Government Accountability Office ·
- Enforcement and Compliance Assurance Annual Results FY 2025: Superfund CleanupUS Environmental Protection Agency · 2025
Press and investigations
- Superfund tax shortfall: trouble for cleanups and the EPA budgetE&E News · 2024-04-15
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