View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

EPA/SWER

RIN: 2050-AG56

Publication ID: Spring 2009

Title: ●CERCLA 108(b) Financial Responsibility
Abstract: Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. Specifically, the statutory language requires that EPA publish a notice in the Federal Register that identifies classes of facilities that may ultimately be required to establish and maintain financial responsibility, which present the highest level of risk of injury. Based on such notice, the statute contemplates that EPA will first develop financial responsibility requirements for such classes. To date, EPA has not acted under CERCLA 108(b). A recent ruling issued by the United States District Court for the Northern District of California states that EPA must identify and publish a notice of classes of facilities for which such requirements will first be developed by July 10, 2009.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: "42 USC 9608 (b)"

Legal Deadline:

Action	Source	Description	Date
Other	Judicial	US District Court for the Northern District of California: Sign and transmit Notice to the Office of Federal Register	07/10/2009

Timetable:

Action	Date	FR Cite
Notice	07/00/2009

Additional Information: SAN No. 5350
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ben Lesser Environmental Protection Agency Solid Waste and Emergency Response 5302P, Washington, DC 20460 Phone:703 308-0314 Email: lesser.ben@epa.gov Elaine Eby Environmental Protection Agency Solid Waste and Emergency Response 5304P, Washington, DC 20460 Phone:703 308-8449 Email: Eby.Elaine@epa.gov