Superfund Financial Responsibility

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Latest Developments…

    The Environmental Protection Agency said Dec. 6 that it is seeking input from small businesses to help in developing a proposed rule that would establish financial responsibility requirements for facilities within the hardrock mining industry. EPA is inviting small businesses to participate in a Small Business Advocacy Review panel to address possible proposed requirements that would help ensure facility owners and operators, not the taxpayers, pay the bill for the cleanup of contaminated sites, the agency said. The panel will ask a group of small business representatives that might be subject to the proposed requirements to provide advice and recommendations. EPA said it also seeks “self-nominations” to the panel directly from small entities that may be subject to rule requirements. In July 2009, EPA issued a notice identifying hardrock mining as the first class of facilities for which it intends to develop financial responsibility requirements under the Comprehensive Environmental Response, Compensation, and Liability Act. The notice said CERCLA requires owners and operators of facilities to establish evidence of financial responsibility under specific circumstances. In its July 2009 “priority notice of action,” EPA cited estimates of the cost to remediate all hardrock mining facilities at between $20 billion and $54 billion.
-- Read more…in Waste Management Guide on the federal superfund law
-- Review the text of the EPA financial responsibility notice in the Federal Register Archive

Did you know…?
    In addition to hardrock mining, EPA is considering subjecting electronic and electrical equipment manufacturing, fabricated metal product manufacturing, facilities engaged in the recycling of materials containing superfund hazardous substances, waste management and remediation services, and wood product manufacturing to CERCLA financial responsibility requirements.
-- You can find more on superfund liability for generators of hazardous substances in Waste Management Guide

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