EPA Announces Intent to Impose Superfund Financial Responsibility Requirements for Coatings Industry; Comments Due Feb. 5

The U.S. Environmental Protection Agency (EPA) plans to develop regulations requiring financial responsibility assurances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) for additional classes of facilities within three industries, 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). Note that the advanced notice of proposed rulemaking (ANPRM) was published on Jan. 6, 2010 in the Federal Register and comments are due on Feb. 5, 2010.

Chemical Manufacturing is defined as:

"Chemical Manufacturing" industry: facilities involved in the transformation of organic and inorganic raw materials by a chemical process and in the formulation of products. [Within NAICS 325 belong the following: Basic Chemical Manufacturing (NAICS 3251); Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252); Pesticides, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253); Pharmaceutical and Medicine Manufacturing (NAICS 3254); Paint, Coating, and Adhesive Manufacturing (NAICS 3255); Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256); and Other Chemical Product and Preparation Manufacturing (NAICS 3259). ]

Financial assurance could cost millions of dollars for a company, depending on the level of risk factors such as physical conditions at the site where hazardous materials are handled, the company's financial strength, the cost of potential cleanup, and the location of the site(s).

This rule is a priority of EPA Administrator Lisa Jackson, and is on a fast track to for finalization by mid-2011. For more information, visit http://edocket.access.gpo.gov/2010/E9-31399.htm.

For more information: contact ACA's John Hopewell.

Date Posted: January 15, 2010