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EPA/SWER

RIN: 2050-AC71

Publication ID: Fall 2010

Title: RCRA Subtitle C Financial Test Criteria Regulatory Determination
Abstract: The RCRA Subtitle C financial test is one of several mechanisms available to the regulated community for demonstrating financial assurance for closure/post-closure of their facilities. EPA decided at the end of the second quarter of FY 2007 to analyze whether regulatory changes are needed to ensure the test's continued and effective use. Test criteria have not been updated since they were initially promulgated in 1982. Concerns have been raised that the criteria are outdated and no longer adequately predict a company's continued solvency, such that some States are not allowing companies to use the test, reducing the number of mechanisms that are available. Additionally, some language in the financial test reporting requirements is no longer consistent with current professional standards under Generally Acceptable Accounting Principles. Addressing this inconsistency would facilitate implementation by regulators.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 264 40 CFR 265 40 CFR 761
Legal Authority: 42 USC 6912(a) 42 USC 6924 42 USC 6925 42 USC 6926

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM Original	07/01/1991	56 FR 30201
NPRM	10/12/1994	59 FR 51523
NPRM on Determination	To Be Determined

Additional Information: SAN No. 2647.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 22111 Electric Power Generation; 221112 Fossil Fuel Electric Power Generation; 22132 Sewage Treatment Facilities; 311942 Spice and Extract Manufacturing; 323110 Commercial Lithographic Printing; 323114 Quick Printing; 32411 Petroleum Refineries; 32511 Petrochemical Manufacturing; 32512 Industrial Gas Manufacturing; 325131 Inorganic Dye and Pigment Manufacturing; 325188 All Other Basic Inorganic Chemical Manufacturing; 325193 Ethyl Alcohol Manufacturing; 325199 All Other Basic Organic Chemical Manufacturing; 325211 Plastics Material and Resin Manufacturing; 32551 Paint and Coating Manufacturing; 325998 All Other Miscellaneous Chemical Product Manufacturing; 331311 Alumina Refining; 33271 Machine Shops; 332813 Electroplating, Plating, Polishing, Anodizing and Coloring; 33299 All Other Fabricated Metal Product Manufacturing; 333319 Other Commercial and Service Industry Machinery Manufacturing; 333999 All Other General Purpose Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 336 Transportation Equipment Manufacturing; 336399 All Other Motor Vehicle Parts Manufacturing; 42271 Petroleum Bulk Stations and Terminals; 4411 Automobile Dealers; 4471 Gasoline Stations; 45431 Fuel Dealers; 48422 Specialized Freight (except Used Goods) Trucking, Local; 56211 Waste Collection; 56221 Waste Treatment and Disposal; 56292 Materials Recovery Facilities; 811111 General Automotive Repair
RIN Data Printed in the FR: No
Agency Contact: Tricia Buzzell Environmental Protection Agency Solid Waste and Emergency Response 5303P, Washington, DC 20460 Phone:703 308-8622 Fax:703 308-8609 Email: buzzell.tricia@epa.gov