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40 CFR PART 320 - IDENTIFICATION OF PRIORITY

for which financial responsibility requirements will first be developed. For the reasons that follow, the Agency has identified classes of facilities within the hard-rock mining industry as its priority for the development of financial responsibility requirements under CERCLA Section 108(b). A Win For The Mining Industry:EPA Declines To Impose Dec 04, 2017 · On December 1, 2017, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule determining that imposing CERCLA 108 (b) financial responsibility requirements on the hardrock mining industry was unwarranted. 1 The Final Rule satisfies a court-ordered timeline and rejects a proposed rule, published in January 2017, 2 which proposed

CERCLA 108(b) Financial Responsibility Requirements

Jul 18, 2019 · In a Federal Register notice on January 11, 2017, the Agency made a determination to proceed with rulemakings that will either develop proposed financial responsibility requirements under CERCLA 108(b), or determine such requirements are not warranted. The first of the three industries for which EPA is proposing rulemaking is the Electric Power Generation, Transmission, and Distribution CERCLA 108(b) Financial Responsibility Rulemaking Concludes that financial responsibility requirements under CERCLA § 108(b) for the Electric Power Generation, Transmission, and Distribution industry are not necessary. Presents the supporting information and analysis EPA used to reach this conclusion. Proposes to not impose financial responsibility requirements for the industry, CERCLA 108(b) Financial Responsibility RulemakingCERCLA 108(b) directs EPA to: Develop regulations that require classes of facilities to establish evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.

CERCLA Section 108(b) Financial Responsibility

Background:CERCLA Section 108(b) Financial Responsibility (cont.) u Section 108(b) also requires that EPA issue a Federal Register notice identifying the classes of facilities for which it will first develop requirements. u EPA issued that Priority Notice on July 28, 2009, and identified classes of EPA Foregoes Requiring Financial Assurances from the Dec 03, 2020 · Section 108 (b) of CERCLA authorizes EPA to require owners and operators of classes of facilities to 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. 42 U.S.C. § 9608 (b). Financial Responsibility Requirements Under CERCLA Section

  • How Can I Get Copies of This Document and Other Related Information?Table of ContentsI. Executive SummaryII. AuthorityIII. Background InformationIV. Statutory Interpretationv. Approach to Developing This Proposed Rulev. Electric Power Generation, Transmission and Distribution Industry OverviewVII. Discussion of Cleanup Sites AnalysisVIII. Decision to Not Propose RequirementsCERCLA Section 108(b) provides general instructions on how to determine what financial responsibility requirements to impose for a particular class of facility. Section 108(b)(1) directs EPA to develop regulations requiring owners and operators of facilities to establish evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Section 108(b)(2) directs that the level of finFinal Action:Financial Responsibility Requirements Under With that focus, the record demonstrates that, in the context of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund) section 108(b), the degree and duration of risk associated with the modern production, transportation, treatment, storage or disposal of hazardous substances by the hardrock mining industry does not present a level of risk of taxpayer funded response actions that warrant imposition of financial responsibility requirements

    Proposed Rule:Financial Responsibility Requirements Under

    Jan 19, 2017 · The EPA Administrator signed the proposed rule, Financial Responsibility Requirements Under CERCLA Section 108 (b) For Classes of Facilities in the Hardrock Mining Industry, on December 1, 2016 and it was published in the Federal Register on January 11, 2017. The comment period ends on Superfund Financial Responsibility Superfund US EPA

    • The Hardrock Mining and Mineral Processing IndustryThe Electric Power IndustryThe Petroleum and Coal Products Manufacturing IndustryThe Chemical Manufacturing IndustryOn December 1, 2017 EPA announced its decision not to issue final regulationsfor financial responsibility requirements for the hardrock mining and mineral processing facilities. After careful analysis of public comments, the statutory authority, and the record for this rulemaking, EPA concluded the degree and duration of risk associated with the modern production, transportation, treatment, storage or disposal of hazardous substances by the hardrock mining industry does not present a level of risk of taxpayer funCERCLA Financial Responsibility Requirements RuleNov 10, 2020 · Financial Responsibility Requirements Defined:Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) directs EPA to develop regulations that require classes of facilities to establish and maintain evidence of financialFinancial Responsibility Requirements Under CERCLA Section Dec 02, 2020 · The 1980 Senate Report states that the legislative language that became Section 108(b) requires those engaged in businesses involving hazardous substances to maintain evidence of financial responsibility commensurate with the risk which they present. This approach is also consistent with the analysis that EPA undertook, in developing its Final Action on Financial Responsibility Requirements Under CERCLA Section