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Superfund Financial Responsibility
Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, commonly called Superfund) gives EPA (and, for transportation-related facilities, the Department of Transportation) the authority to require that classes of facilities maintain financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage or disposal of hazardous substances.
Notice of Priority
In July 2009, EPA issued a notice identifying hardrock mining as the first classes of facilities for which EPA will develop CERCLA financial assurance requirements.
- Identification of Priority Classes of Facilities for Development of CERCLA Section 108(b) Financial Responsibility Requirements (PDF) (21 pp, 119K About PDF)
***Administrator Jackson signed the document above on July 10, 2009, and we have submitted it for publication in the Federal Register. While we (EPA) have taken steps to ensure the accuracy of this Internet version of the document, it’s not the official version. Please refer to the official version accessible at the following Federal Register URL.******
This notice is the first step in the rulemaking process and is not itself a rule. Additional research, outreach to stakeholders, proposed regulations, review of public comments, and finalization of those regulations are needed before hardrock mining facilities are subject to financial responsibility requirements.
The EPA believes classes of facilities outside of the hardrock mining industry also may warrant the development of financial responsibility requirements, and plans to examine, at a minimum, the following classes of facilities: hazardous waste generators, hazardous waste recyclers, metal finishers, wood treatment facilities, and chemical manufacturers. This list may be revised as EPA’s evaluation proceeds. EPA is scheduled to complete and publish a notice in the Federal Register addressing additional classes of facilities by December 2009, at which time EPA will request public comment.
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