Final Actions: Financial Responsibility Requirements Under CERCLA Section 108(b) for the Electric Power Generation, Transmission and Distribution; Petroleum and Coal Products Manufacturing; and Chemical Manufacturing Industries
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Rule Summary
On November 24, 2020, the EPA Administrator signed final rulemaking actions to not impose financial responsibility requirements for the following classes:
- Electric Power Generation, Transmission, and Distribution industry.
- Petroleum and Coal Products Manufacturing industry.
- Chemical Manufacturing industry.
Consistent with EPA's interpretation of the statute, which was unanimously upheld by the D.C. Circuit Court of Appeals in litigation challenging the Agency's hardrock mining final action, EPA evaluated the financial risk to the federal Superfund associated with the production, transportation, treatment, storage, or disposal of hazardous substances in these industries. EPA has found that the degree and duration of risk to the Superfund posed by these industries does not warrant financial responsibility requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), as modern industry practices and existing federal and state regulations are effective at preventing risk. As required by CERCLA Section 108(b), EPA assessed the need for financial responsibility requirements for these three industries. These final rules are based on EPA's interpretation of the statute and its analysis of the record developed for the proposed rulemakings for all three of these industries, and the public comments received by EPA on each proposed rule, which are described in the Federal Resister notice.
Rule History
Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund, provides EPA certain regulatory authorities concerning financial responsibility requirements.
In a 2010 Advance Notice of Proposed Rulemaking published in the Federal Register, EPA identified three classes of facilities for possible development of CERCLA Section 108(b) financial responsibility requirements: those in the Electric Power Generation, Transmission, and Distribution industry; the Petroleum and Coal Products Manufacturing industry; and the Chemical Manufacturing industry. In January 2017, EPA published a notice describing its plan to consider financial responsibility requirements under CERCLA for these three industries.
On July 2, 2019, EPA Administrator Andrew Wheeler signed a proposed rule to not impose financial responsibility requirements for facilities in the Electric Power Generation, Transmission, and Distribution industry. Learn more about the proposed rule.
On December 4, 2019, Administrator Wheeler signed a proposed rule to not impose financial responsibility requirements for facilities in the Petroleum and Coal Products Manufacturing industry. Read more about this proposed rule.
Finally, on February 10, 2020, Administrator Wheeler signed a proposed rule to not impose financial responsibility requirements for facilities in the Chemical Manufacturing industry. Find out more about this proposed rule.