On Monday (1/4), EPA announced its proposed enforcement priorities for FY 2011-2013 (75 Fed. Reg. 140). These priorities play a key role in EPA’s environmental enforcement activities. EPA is accepting comments until January 19, 2010. Some of the priorities include RCRA corrective action program enforcement, RCRA corrective action financial assurance (See infra Press Release regarding CERCLA 108(b)), energy/mining resource extraction, mining processing, air toxics and environmental justice.
Continuing with the environmental financial assurance theme is today’s Federal Register notice (75 Fed. Reg. 815) and EPA’s 12/30/09 Press Release under CERCLA 108(b) identifying additional classes of industries for development of financial obligation regulations in cleanup of environmental releases. The three industries identified in EPA’s Press Release and today’s notice are 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). The notice states that EPA plans to develop a proposed regulation identifying appropriate financial responsibility requirements under CERCLA 108(b). Comments on this notice must be received on or before 2/5/10.
