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Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. On January 6, 2010, the Agency identified classes of facilities within three industries: electric power generation, transmission, and distribution; petroleum and coal products manufacturing; and chemical manufacturing, for which EPA could develop, if necessary, financial responsibility requirements under CERCLA section 108(b). In July 2019, EPA proposed to not impose financial responsibility requirements under CERCLA section 108(b) for facilities in the electric power generation, transmission, and distribution industry. In December 2019, EPA proposed to not impose financial responsibility requirements under CERCLA section 108(b) for facilities in the petroleum and coal products manufacturing industry. And finally, in February 2020, EPA proposed to not impose financial responsibility requirements under section CERCLA 108(b) for facilities in the chemical manufacturing industry. This entry covers the final action for all three of these industries.

Overall Description of Deadline: Consent Order

Statement of Need:

Section 108(b) of CERCLA directs EPA to develop requirements that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances at their sites.

Summary of the Legal Basis:

On January 29, 2016 the D.C. Circuit Court granted a Joint Motion (Idaho Conservation League v. EPA, No. 14-1149) which included a schedule for further actions if EPA decided to proceed with rulemakings on financial assurance requirements under CERCLA section 108(b) for the three industries.

Alternatives:

The analyses EPA conducted for the proposed rules considered whether CERCLA section 108(b) requirements were warranted for the three industries.

Anticipated Costs and Benefits:

No costs were identified for this action at proposal.

Risks:

No risks were identified for this action at proposal.