Regulatory Development and Retrospective Review Tracker

Financial Responsibility Requirements under CERCLA Section 108(b) for Facilities in the Chemical, Petroleum and Electric Power Industries

a.k.a. CERCLA Section 108(b) - Additional Classes

RIN: 2050-AG56 (What's this?)

Docket No.: EPA-HQ-OLEM-2016-0212 (What's this?)

Current Phase: Pre-Proposal (What's this?)

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements.

The Agency has identified classes of facilities within the chemical manufacturing industry; the petroleum and coal products manufacturing industry, which primarily includes refineries and not coal mines; and the electric power generation, transmission, and distribution industry as those for which it plans to develop, as necessary, proposed financial responsibility requirements. Such requirements may include notification and implementation. The EPA will publish a determination regarding whether the Agency will issue a notice of proposed rulemaking for classes of facilities in any or all of the three industries mentioned above.

ANPRM: Sent to OMB for Regulatory Review11/25/2009
ANPRM: Received by OMB11/27/2009
ANPRM: Regulatory Review Concluded12/29/2009
ANPRM: Comment Period Open01/06/2010
ANPRM: Published in FR01/06/2010
ANPRM: Comment Period Extension Published in FR02/04/2010
ANPRM: Comment Period Closed02/05/2010
ANPRM: Comment Period Closed with Extension4/6/2010
Notice: Sent to OMB for Regulatory Review10/13/2016
Notice: Received by OMB10/13/2016
Notice: Regulatory Review Concluded12/01/2016
Notice: Published in FR01/11/2017
NPRM: Published in FR00/0000 (projected)

Potential Effects

Of the potential effects described in Reg DaRRT, none are anticipated at this time.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • Notice - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 320

Legal Authority
42 U.S.C. 9601 et seq.;42 U.S.C. 9608 (b)