{"abstract":"Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain regulatory authorities concerning financial responsibility requirements. Specifically, the statutory language addresses the promulgation of regulations that require 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. In a July 28, 2009, Federal Register notice, the Environmental Protection Agency (EPA or the Agency) identified classes of facilities within the Hardrock Mining industry as those for which the Agency will first develop financial responsibility requirements under CERCLA Section 108(b). In that notice, EPA also stated its belief that additional classes of facilities--that is, other than those in the Hardrock Mining industry, also may warrant the development of financial responsibility requirements under CERCLA Section 108(b), and stated that EPA would publish a Federal Register notice, by December 2009, identifying additional classes of facilities it plans to evaluate regarding the development of financial responsibility requirements. As a result of examining available data and information, the Agency is identifying the classes of facilities within three industries--that is, the Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal Products Manufacturing industry (NAICS 324), and the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211), as those for which the Agency plans to develop, as necessary, a proposed regulation identifying appropriate financial responsibility requirements under CERCLA Section 108(b). EPA will carefully examine specific activities, practices, and processes involving hazardous substances at these facilities, as well as Federal and State authorities, policies, and practices to determine the risks posed by these classes of facilities and whether requirements under CERCLA Section 108(b) will effectively reduce these risks. In addition, this Federal Register notice identifies the Waste Management and Remediation Services industry (NAICS 562), the Wood Product Manufacturing industry (NAICS 321), the Fabricated Metal Product Manufacturing (NAICS 332) industry, and the Electronics and Electrical Equipment Manufacturing industry (NAICS 334 and 335), as well as facilities engaged in the recycling of materials containing CERCLA hazardous substances--as requiring further study before EPA begins the regulatory development process. In identifying classes of facilities within these industries in this notice, the Agency does not intend to indicate that other classes in other industry sectors are no longer being considered.","action":"Advance notice of proposed rulemaking (ANPRM).","agencies":[{"raw_name":"ENVIRONMENTAL PROTECTION AGENCY","name":"Environmental Protection Agency","id":145,"url":"https://www.federalregister.gov/agencies/environmental-protection-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/145","parent_id":null,"slug":"environmental-protection-agency"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2010/01/06/E9-31399.html","cfr_references":[{"chapter":null,"citation_url":null,"part":320,"title":40}],"citation":"75 FR 816","comment_url":null,"comments_close_on":"2010-02-05","correction_of":null,"corrections":[],"dates":"Submit comments on or before February 5, 2010.","disposition_notes":null,"docket_ids":["EPA-HQ-SFUND-2009-0265","FRL-9100-5"],"dockets":[],"document_number":"E9-31399","effective_on":null,"end_page":832,"executive_order_notes":null,"executive_order_number":null,"explanation":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2010/01/06/E9-31399.xml","html_url":"https://www.federalregister.gov/documents/2010/01/06/E9-31399/identification-of-additional-classes-of-facilities-for-development-of-financial-responsibility","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/E9-31399?publication_date=2010-01-06","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2010-01-06/E9-31399/mods.xml","not_received_for_publication":null,"page_length":17,"page_views":{"count":683,"last_updated":"2026-05-24 10:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2010-01-06/pdf/E9-31399.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2010-01-06","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2010/01/06/E9-31399.txt","regulation_id_number_info":{"2050-AG56":{"issue":"201610","html_url":"https://www.federalregister.gov/regulations/2050-AG56/financial-responsibility-requirements-under-cercla-section-108-b-for-facilities-in-the-chemical-petr","title":"Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical, Petroleum and Electric Power Industries","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201610&RIN=2050-AG56&operation=OPERATION_EXPORT_XML","priority_category":"Other Significant"}},"regulation_id_numbers":["2050-AG56"],"regulations_dot_gov_info":{},"regulations_dot_gov_url":null,"significant":true,"signing_date":null,"start_page":816,"subtype":null,"title":"Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements Under CERCLA Section 108(b)","toc_doc":"Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements under CERCLA Section 108(b)","toc_subject":null,"topics":[],"type":"Proposed Rule","volume":75}