Financial Responsibility regulations & environmental compliance analysis

Financial Responsibility: What you need to know

Governing Law and Regulations

Resource Conservation and Recovery Act (RCRA):

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Landfills: 40 CFR 258.70 to 258.75

Reclamation facilities: 40 CFR 261.4(a)(24)(v)(B), 40 CFR 261.4(a)(24)(vi)(F), and 40 CFR 261.140 to 261.151

Treatment, storage, and disposal facilities (TSDFs): 40 CFR 264.140 to 264.151 and 40 CFR 265.140 to 265.150

Underground storage tank (UST) coverage: 40 CFR 280.90 to 280.115

Toxic Substances Control Act (TSCA):

Chemical testing: 40 CFR 790.99

Polychlorinated biphenyl (PCB) storage and closure: 40 CFR 761.65

Safe Drinking Water Act (SDWA):

Class I underground injection control (UIC) wells: 40 CFR 146.73

Class VI UIC wells: 40 CFR 146.85

Clean Water Act (CWA):

Stormwater permits: 40 CFR 122.26(d)

Pretreatment: 40 CFR 403.8(f)(3) and 40 CFR 403.9

Oil Pollution Act (OPA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA):

Vessels: 33 USC 2704(a), 42 USC 9608, and 33 CFR 138.10 to 138.240

Hazardous materials motor carriers: 49 CFR 387.1 to 387.17

Regulatory Agencies

U.S. Environmental Protection Agency (EPA)

U.S. Department of Homeland Security U.S. Coast Guard (USCG)

U.S. Department of Transportation (DOT)

Overview

Many environmental compliance statutes have financial responsibility requirements. Generally, these rules require that certain categories of persons prove they are able to pay for damages caused by releases to the environment. In most cases, the regulations specify the minimum required amounts and allowable mechanisms for demonstrating financial responsibility. These requirements should not be confused with financial liabilities and penalties. See the national section PENALTIES/LIABILITIES for information on these topics.

The financial responsibility requirements for vessels, ...


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