Proposed Action: Financial Responsibility Requirements Under CERCLA Section 108(b) For Classes of Facilities in the Petroleum and Coal Products Manufacturing Industry

On this page:

• Rule Summary
• Rule History
• Additional Resources

Rule Summary

On December 4, 2019, the EPA Administrator signed a proposed rule to not impose financial responsibility requirements for facilities in the Petroleum and Coal Products Manufacturing industry.

EPA has found that the degree and duration of risk to the federal government posed by this industry 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. The proposal is based on EPA’s interpretation of the statute and its analysis of the record developed for the proposed rulemaking, which is described in the Federal Register notice.

As required by CERCLA Section 108(b), the proposal assesses the need for financial responsibility requirements for the Petroleum and Coal Products Manufacturing industry consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.

• View the proposal in the Federal Register.

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. It 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.

For more information, visit Superfund Financial Responsbility.

Additional Resources

• Factsheet about the Proposed Action (pdf) (263.99 KB) .
• View a webinar about this proposal. Click on "View Archive" to view the recording and check out the presentation slides under the "Webinar Slides" tab.