FABRIC
FILTER NEWSLETTER
January 2010
No. 411
Following a similar announcement in July covering the mining industry, the EPA has published an Advance Notice of Proposed Rulemaking relating to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for chemical, petrochemical, coal and utility industries. CERCLA requires companies to provide financial assurance to fund clean-up closure and monitoring of facilities in the event that the operator is bankrupt or otherwise unable (or unwilling) to pay for these activities. (The Resource Conservation and Recovery Act (RCRA) has had similar regulations in place since 1985 applicable to RCRA TSD permitted hazardous waste handlers. Financial assurance is also required by other regulations and includes mining and some other activities on federal lands, and storage tanks.)
These rules are at least partially the result of a recent court decision in which the Sierra Club was the plaintiff forcing the EPA to issue regulations which had been required by legislation since the 1980’s.
This could have significant financial impact on operators who are not already funding these future obligations. Affected industries include:
Chemical Manufacturing (NAICS 3251);
Resin, Rubber, Synthetic Manufacturing (NAICS 3252);
Pesticides, Fertilizer, Agricultural Chemical Manufacturing (NAICS 3253);
Pharmaceutical, Medicine Manufacturing (NAICS 3254);
Paint, Coating, Adhesive Manufacturing (NAICS 3255);
Soap, Cleaning Compound, Toilet Preparation Manufacturing (NAICS 3256);
Other Chemical Product and Preparation Manufacturing (NAICS 3259);
Petroleum Refineries (NAICS 32411);
Asphalt Paving, Roofing, Saturated Materials Manufacturing (NAICS 32412);
Other Petroleum and Coal Products Manufacturing (NAICS 32419)
Electric Power Generation T and D (NAICS 2211).
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