CERCLA 108(b)
Review of Existing Financial Responsibility Laws
Potentially Applicable to Facilities in the Electric
Generation, Transmission, and Distribution
Industry (NAICS 2211)
June, 2019

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Contents
I.	Introduction	1
II.	Background on the Electric Power Generation, Transmission, and Distribution Industry (NAICS 2211)	3
III.	Findings	4
Appendix A - State-by-State Listing of Identified FR Programs Potentially Applicable to NAICS Code 2211	A-l
Appendix B - Methodology for Selecting States Reviewed	B-l

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II. Introduction.
On January 6, 2010, the U.S. Environmental Protection Agency (EPA) identified three industries -the
Electric Power Generation, Transmission, and Distribution industry (NAICS 2211), the Petroleum and Coal
Products Manufacturing industry (NAICS 324), and the Chemical Manufacturing industry (NAICS 325) - as
including classes of facilities for which EPA planned to develop, as necessary, proposed regulations
identifying appropriate financial responsibility (FR) requirements under CERCLA 108(b).1
To help inform potential CERCLA 108(b) rulemakings and the level of risk associated with these identified
classes of facilities, EPA assessed existing State and Federal FR programs that cover a wide range of
liabilities (e.g., closure, post-closure care, corrective action, third-party personal injury/property damage,
natural resource damages). EPA focused on these types of FR programs for two reasons. First, these
categories of damages, actions, and costs are similar to those that could be covered by any future CERCLA
108(b) rulemaking and thus may inform the need for CERCLA 108(b) FR for these industries. Secondly, the
existence of FR requirements can help incentivize better environmental performance broadly speaking. For
example, closure FR increases compliance with end-of-life facility closure and remediation requirements.
FR, depending on the program design, can also encourage safer environmental practices because firms
may have an incentive to lower required FR amounts or lower the risk their facilities pose in the eyes of
financial institutions (e.g., insurers, sureties). Additionally, EPA is identifying State funds that are partially
funded by industry, including the industries of interest in this report (e.g., through a tax on generated
hazardous wastes), and that could cover future CERCLA liabilities that may arise at the facilities of interest
in this report.
To support those efforts, EPA tasked ICF with preparing three reports reviewing and describing existing FR
laws and certain State funds potentially applicable to each of the three CERCLA 108(b) additional classes in
25 States selected by EPA. The States reviewed were intended to be the same States reviewed in EPA's
report regarding existing State regulatory and voluntary programs (excluding FR programs) that may be
applicable to the additional classes. See Appendix B for the State selection methodology. The States in the
review include the following: Alaska, California, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma,
Pennsylvania, Texas, Utah, Virginia, Washington, Wisconsin, and Wyoming.
This report provides ICF's findings in performing a broad review of FR laws applicable to facilities in the
Electric Power Generation, Transmission, and Distribution industry (NAICS 2211), including laws that would
cover CERCLA liabilities and those covering other environmental liabilities at regulated facilities. Findings
of this research are presented as categories of different types of FR requirements found within the States
included in ICF's review.
In addition to State programs, ICF also reviewed existing FR requirements in the following Federal
programs: (1) EPA RCRA Subtitle C hazardous waste, (2) TSCA commercial PCB waste facilities, (3) EPA Safe
Drinking Water Act Underground Injection Control wells, (4) U.S. Nuclear Regulatory Commission (NRC)
requirements for decommissioning nuclear power reactors, and (5) NRC insurance requirements for
nuclear incidents. ICF did not include State regulations that are counterparts to these programs because
1 75 Fed. Reg. 816 available at https://www.gpo.gov/fdsys/pkg/FR-2010-01-06/pdf/E9-31399.pdf. These three
industries were identified by EPA after EPA identified the hardock mining industry as the class of facility to be the
subject of the first CERCLA 108(b) rulemaking effort.
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such State FR programs tend to mirror the Federal counterpart FR regulations, whereas the State programs
described in this report often are very different in many respects and have not been designed in most
cases by reference to a Federal model.
Additionally, the following FR programs were considered to be outside of the scope of this review:
•	FR for solid waste management unless the program applied to coal combustion residuals (CCRs).
•	FR programs solely covering releases at off-site facilities (e.g., off-site disposal facilities) other than
the facilities where the hazardous substance was generated or initially utilized in a production
process.
•	Transportation FR, which often includes coverage for liabilities associated with releases occurring
during the loading and unloading of hazardous materials at the additional classes of facilities. Such
transport FR can apply to different types and capacities of vessels, trucks, pipelines, and railroads.
•	FR programs related to releases solely of oil (crude and refined) applicable to facilities such as oil-
fired power generation, oil refining, and petrochemical manufacturing as well as associated
storage.2
•	FR for aboveground or underground storage tanks of oil/petroleum.3
•	Programs that impose FR requirements on non-power reactor nuclear materials licensees (i.e., FR
for decommissioning of facilities that have used radioactive materials) or low-level radioactive
waste.
2	Petroleum is excluded from coverage under CERCLA, with certain exceptions:
"(14) The term "hazardous substance" means
(A)	any substance designated pursuant to section 1321(b)(2)(A) of title 33 [Clean Water Act],
(B)	any element, compound, mixture, solution, or substance designated pursuant to section 9602 of
this title [CERCLA],
(C)	any hazardous waste having the characteristics identified under or listed pursuant to section 3001
of the Solid Waste Disposal Act (42 U.S.C. 6921) (but not including any waste the regulation of which under
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) has been suspended by Act of Congress),
(D)	any toxic pollutant listed under section 1317(a) of title 33 [Clean Water Act],
(E)	any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. 7412), and
(F)	any imminently hazardous chemical substance or mixture with respect to which the Administrator
has taken action pursuant to section 2606 of title 15 [Toxic Substances Control Act],
The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term
does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of
natural gas and such synthetic gas)" (emphasis added). 42 U.S.C. § 9601(14).
3	The Federal underground storage tank (UST) regulations apply to UST systems storing either petroleum or
hazardous substances. The Federal UST program includes FR requirements to assure that, in the event of a leak or a
spill of petroleum, an owner or operator will have the resources to pay for costs associated with cleaning up releases
and compensating third parties. The Federal UST FR requirements apply to releases of petroleum, not hazardous
substances. (40 CFR §§ 280.90 - 280.116, available at https://www.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title40/40cfr280_main_02.tpl&SID=2fa2adfcdfd0ddc5b78752elb2b6083e&m=06&d=01&y=201
6&pd=20150101&pitd=20150101&submit=GO.)The Federal regulations allow State UST program approval by EPA to
operate in lieu of the federal program. States may have more stringent regulations than the Federal FR
requirements. As of September 2017, 38 States, plus DC and Puerto Rico had approved UST programs.
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In addition to this introduction, this report includes three sections:
•	Section 2 provides background information on the Electric Power Generation, Transmission, and
Distribution industry (NAICS 2211).
•	Section 3 presents findings from the research performed, including identification of types of FR
programs that have been identified to which facilities within NAICS 2211 codes could be subject.
•	Appendix A provides a State-by-State listing of the FR programs identified in each State, including
identification of the trigger for the FR requirement or the mechanism by which the facilities in the
additional classes of industry would be required to contribute to a State clean-up fund, and the
liabilities covered.
•	Appendix B describes the methodology used to identify the sub-set of States that is covered by this
report.
111. Background on the Electric Power Generation, Transmission, and Distribution
Indu	3 2211).
This section provides background on the Electric Power Generation, Transmission, and Distribution
industry (NAICS 2211),4 one of the industries for which EPA planned to develop, as necessary, proposed
regulations identifying appropriate FR requirements under CERCLA 108(b). This section identifies NAICS
code 2211 sub-categories. NAICS code sub-categories are identified to inform the reader of the classes of
facilities covered by each NAICS code.
NAICS 6-Digit Classification
NAICS Code Industry Description
221111
Hydroelectric power generation
221112
Fossil fuel electric power generation
221113
Nuclear electric power generation
221114
Solar electric power generation
221115
Wind electric power generation
221116
Geothermal electric power generation
221117
Biomass electric power generation
221118
Other electric power generation
221121
Electric bulk power transmission and control
221122
Electric power distribution
4The North American Industry Classification System (NAICS) was developed under the direction and guidance of the
Office of Management and Budget (OMB) as the standard for use by Federal statistical agencies in classifying business
establishments for the collection, tabulation, presentation, and analysis of statistical data describing the U.S.
economy. Use of the standard provides uniformity and comparability in the presentation of these statistical data.
NAICS is based on a production-oriented concept, meaning that it groups establishments into industries according to
similarity in the processes used to produce goods or services.
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This review focused only on NAICS 221112 fossil fuel electric power generation and 221113 nuclear electric
power generation.
III. Findings
This section describes the findings of the review performed to identify types of existing FR programs that
may be applicable to the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211).
The initial findings described are the results of a review of the statutes and regulations of 25 States, as well
as select Federal FR programs described in the introduction. The types of FR programs identified include
the following:
(1)	FR for coal-fired electric generating facilities
(2)	FR for facilities that process or dispose of coal combustion residuals
(3)	FR for decommissioning nuclear power plants
(4)	FR for public liability resulting from incidents at nuclear power plants
(5)	Onsite property insurance requirements for nuclear power plants
(6)	FR for land use/siting permit conditions
(7)	FR for hazardous waste management facilities
(8)	FR for underground injection of hazardous wastes that might pollute drinking water or threaten
human health and the environment
(9)	FR for PCB storage or disposal facilities
(10)	Corrective action FR for discharges/releases of hazardous substances or their constituents
(11)	Facility remediation FR associated with transfer in ownership or facility closure
(12)	FR for storage tanks containing hazardous substances
(13)	Other broad authorities to require FR to assure compliance with orders
Each is discussed in more detail below.
In addition to identifying types of FR programs that may be applicable, this section provides example
Federal and State FR programs that have been found. Additional research could be performed to review
the FR programs in the remaining 25 States and could lead to the identification of additional examples and
additional types of existing FR programs. See Appendix A for a State-by-State listing of the FR programs
identified in each State, including identification of the trigger for the FR requirement or mechanism by
which the facilities in NAICS Code 2211 would be required to contribute to a State clean-up fund, and the
liabilities covered.
(1) FR for coal-fired electric generating facilities
States may have FR programs focused specifically on liabilities (e.g., closure, post-closure care, corrective
action, and/or other liability) associated with coal-fired electric generating facilities.
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Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Coal-fired electric generating facilities are a type of fossil fuel electric
power generation facilities [NAICS 221112], which is a sub-category of
the electric power generation, transmission, and distribution category
of facilities.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
The processes involved in generating electricity from coal results in the
production of residuals containing CERCLA hazardous substances or
constituents (e.g., arsenic, selenium, mercury, and other toxic metals).
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Program dependent.
State Example
Washington has several FR requirements applicable to coal-fired electric generating facilities, including a
program related to closure and post-closure care [RCW 80.82.010-0201.
(2) FR for facilities that process or dispose of coal combustion residuals
States may have FR requirements assuring closure, post-closure care, and/or corrective action at facilities
that process or dispose of coal combustion residuals (CCRs). States may also have State clean-up funds that
are partially funded by coal-fired electric generating facilities, that can be used to fund clean ups related to
facilities that process or dispose of CCRs.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Coal-fired electric generating facilities are a type of fossil fuel electric
power generation facilities [NAICS 221112], which is a sub-category of
the electric power generation, transmission, and distribution category
of facilities.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
Coal-fired electric generating facilities generate large quantities of solid
waste, including CCRs containing hazardous substances. CCRs may
contain hazardous substances such as: arsenic, selenium, mercury, and
other toxic metals.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
State Examples
FR for facilities processing or disposing of coal combustion residuals
Alaska has an FR requirement for owners and operators of coal ash landfills that covers the closing of the
facility and post-closure monitoring [18 AAC 60.2651.
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Florida has an FR program for closure, post-closure, and corrective action at facilities that dispose of CCRs
[Fla. Stat. § 403.707 and Fla. Admin. Code Ann, r. 62-701.6301.
Georgia has an FR program for corrective action, closure, and post-closure care at facilities disposing of
CCRs in CCR landfills [GA ADC. SS 391-3-4.10 - 391-3-4.131.
Indiana has FR requirements for closure and post-closure care at facilities disposing of CCRs at landfills
[329 I AC 10-39-11.
Iowa has FR requirements for owning or operating a CCR landfill. The FR program covers closure, post-
closure, and corrective action [IA ADC 567-103.3 and Iowa Code § 455B.304. § 455B.3061.
Kentucky has FR requirements for owning and operating CCR units covering closure and post-closure care
[401 KAR 46:1201.
Louisiana has requirements for FR for processing and disposal facilities that may dispose of CCRs. The
program covers closure and post-closure care [LAC 33:VII § 13031.
Michigan has an FR program for closure, post-closure, and corrective action at facilities and landfills that
dispose of CCRs [MCL 324.11512(3) and Ml ADC R.299.4922.4; MCL 324.11525(9)1.
Minnesota has an FR requirement for closure, post-closure care, and corrective action for CCR land
disposal facilities [MN ADC 7035.26951.
Missouri has an FR requirement for post-closure care plans and corrective action for disposal areas, which
includes utility waste landfills that can be used for disposal of CCRs [Mo. Ann. Stat. § 260.205; 10 CSR 80-
2.030(4)(B)(2)dl.
New Jersey has an FR requirement for closure and post-closure care consistent with the plans approved by
the department for constructing, operating, or closing a sanitary landfill containing solid waste. CCRs,
when they do not qualify for a beneficial use exemption, are regulated as solid waste [N.J.A.C. 7:26-
2B.6(c)(12): N.J.A.C. 7:26-2A.9(f)l.
North Carolina has an FR requirement for public utilities that own a low-risk CCR surface impoundment.
The FR covers closure, post-closure maintenance and monitoring, corrective action, satisfaction of any
liability for sudden and nonsudden accidental occurrences arising from the impoundment, and subsequent
costs incurred by the Department in response to an incident [N.C. Gen. Stat. § 130A-309.2141. North
Carolina also has an FR requirement triggered by holding a permit to construct or operate a structural fill
where the project involves placement of 8,000 or more tons of coal combustion products per acre or
80,000 or more tons of coal combustion products in total per project. The FR covers closure, post-closure
maintenance and monitoring, corrective action, satisfaction of any liability for sudden and nonsudden
accidental occurrences, and subsequent costs incurred by the Department in response to an incident at a
structural fill project [N.C. Gen. Stat. § 130A-309.219: N.C. Gen. Stat § 130A-309.2211.
Ohio has an FR requirement for facilities applying for a permit to operate a solid waste disposal facility that
receives residual solid waste (including CCRs) or industrial solid waste from power generation. Facilities
must demonstrate FR for closure, post-closure, and corrective action [OH ADC 3745-29-191.
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Oklahoma has an FR requirement triggered by owning or operating a waste disposal site, which may
receive CCRs, requiring a permit. The FR covers closure, post-closure care, and/or corrective action for
known releases [27A Okl. St. § 2-10-701; OK ADC 252:515-27-31. Oklahoma also has an FR requirement for
owning or operating a CCR unit that handles or handled CCRs from an electric utility or independent power
producer. The requirement covers closure, post-closure care, and/or corrective action for known releases
[OK ADC 252:5171.
Pennsylvania has an FR requirement which includes but is not limited to monitoring, post-closure care,
remedial measures, and bodily injury and property damage to third parties resulting from the operation of
the facility, for residual waste disposal facilities. Residual waste includes CCRs [35. P.S. $ 6018.505 et
subsq.; 25 PA. Code Chapter 2871.
Utah has an FR requirement that covers post-closure care and corrective action for owners and operators
of solid waste disposal facilities requiring permits, including CCR landfills [Utah Code Ann. § 19-6-108(9)(c);
Utah Admin. Code R315-309-11.
Virginia has an FR requirement for operating a CCR landfill that covers closure, post-closure care, and
corrective action [Va. Code Ann. § 10.1-1410; 9 VAC 20-811.
Washington has a program related to the establishment of retirement accounts to cover decommissioning
and remediation costs of eligible coal units [Rev. Code Was. § 80.84.0201.
Wisconsin has an FR requirement for owners and operators of landfills, including landfills where CCRs are
disposed, that covers closure, long-term care, and remedial actions [Wis. Stat. § 289.41(2)(a); Wis. Admin.
Code § NR 514.06(15); Wis. Admin. Code § NR 520.05(1)1.
Wyoming has an FR requirement that is triggered by an agency decision following a violation by a facility
that is owned or operated by an electric utility disposing of solid waste from an electric generation facility.
The FR covers corrections of violations of rules, standards, or permits [WY Stat § 35-11-504; 020-0009-7
Wvo. Code R. 55 1-31.
State clean-up funds
Georgia has a State solid waste trust fund that provides funding for emergency actions in response to
releases or threatened releases and preventative or corrective action, including closure/post-closure care,
at facilities that have experienced contamination or a release of a hazardous waste or substance. Funding
for the State fund comes in part from disposal fees from CCR generating facilities [GA. Code Ann. 12-8-
27.1],
(3) FR for decommissioning nuclear power plants
Federal FR requirements require nuclear power plants to provide reasonable assurance that funds will be
available to decommission the facility.5 Decommissioning funding requirements, which are overseen by
the NRC, cover removing the facility or site safely from service and reducing the residual radioactivity to a
level that permits: (1) release of the property for unrestricted use and termination of the license; or (2)
5 10 CFR 50.33(k), 50.75, and 50.82.
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release of the property under restricted conditions and termination of the license. The costs of
dismantling or demolishing non-radiological systems and structures are not covered by this FR
requirement.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Nuclear electric power generation [NAICS 221113], is a sub-category
of the electric power generation, transmission, and distribution
category of facilities.
Use or production of CERCLA
hazardous substance at
covered
facilities/equipment
The processes involved in generating electricity at a nuclear power
plant results in the production of residuals containing CERCLA
hazardous substances or constituents (e.g., arsenic, selenium,
mercury, and other toxic metals).
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous
substance
Covers activities associated with reduction of radioactivity, but not
clean-up related to non-radiological systems and structures.6
(4) FR for public liability resulting from incidents at nuclear power plants
Federal FR requirements were created by the Price-Anderson Act that cover liability claims of members of
the public for personal injury and property damage caused by a commercial nuclear power plant accident.'
Insurance under Price-Anderson covers bodily injury, sickness, disease or resulting death, property damage
and loss, including reasonable living expenses for individuals evacuated.8
6 For additional clarification on the responsibilities off EPA and NRC at decommissioning nuclear reactors see
Memorandum of Understanding Between the Environmental Protection Agency and the Nuclear Regulatory
Commission, available at https://www.nrc.gov/reading-rm/doc-collections/news/2002/mou2fin.pdf.
710 CFR Part 140.
8 NRC Backgrounder: Nuclear Insurance and Disaster Relief, available at https://www.nrc.gov/reading-rm/doc-
collections/fact-sheets/nuclear-insurance.html.
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Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Nuclear electric power generation [NAICS 221113], which is a sub-
category of the electric power generation, transmission, and
distribution category of facilities.
Use or production of CERCLA
hazardous substance at
covered
facilities/equipment
Releases of "source," "special nuclear," and "byproduct material"
resulting from a "nuclear incident" subject to financial protection
requirements established by the NRC under s. 170 of the Atomic
Energy Act are excluded from coverage under CERCLA.9
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous
substance
Unlikely.
(5) Onsite property insurance requirements for nuclear power plants
The NRC requires insurance at each nuclear power reactor site to cover onsite cleanup costs resulting from
a nuclear accident, including stabilization and decontamination of the reactor and site after an accident.10
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Nuclear electric power generation [NAICS 221113], which is a sub-
category of the electric power generation, transmission, and
distribution category of facilities.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
An accident at a nuclear power plant is likely to result in the production
of residuals containing CERCLA hazardous substances or constituents
(e.g., arsenic, selenium, mercury, and other toxic metals).
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
(6) FR for land use/siting permit conditions
States may have FR requirements applicable to electric power generating facilities that assure compliance
with land use/siting permit conditions and environmental laws.
9	42 U.S.C. §9601(22).
10	10 CFR 50.54(w).
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Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
NAICS 2211 facilities.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
Program dependent.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Program dependent.
State Example
Washington has FR requirements triggered by submitting a site restoration or preservation plan to identify,
evaluate, and resolve all major environmental and public health and safety issues at an energy facility. The
FR requirement assures restoration, preservation, site closure, and pollution liabilities. [WAC § 463-72-
0201. Washington has another FR requirement that is applicable when submitting an application for site
certification for energy facilities that covers damage or loss to the physical or human environment, caused
by project construction, operation, abandonment, termination, or when operations cease at the
completion of an energy facility project's life. [WAC § 463-60-010; WAC § 463-60-0751.
(7) FR for hazardous waste management facilities
Federal FR requirements are triggered by the operation of a hazardous waste storage, treatment, or
disposal facility.11 All covered RCRA hazardous waste management facilities are subject to
decontamination and closure FR as well as liability coverage for third-party personal injury or property
damage outside of the property line. Covered RCRA disposal facilities also are subject to FR for post-
closure maintenance and monitoring. RCRA itself requires FR for completing corrective action at permitted
solid waste management units (SWMUs), including permitted hazardous waste treatment, storage, and
disposal units.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
All facilities in NAICS code 2211 would be subject to these requirements
if they stored, treated, or disposed of hazardous wastes or were
SWMUs covered by the program.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
RCRA hazardous wastes are defined by CERCLA as hazardous
substances.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
11 40 CFR § 264, Subpart H; 40 CFR § 265, Subpart H.
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(8) FR for underground injection of hazardous wastes that might pollute drinking water or threaten
human health and the environment
Federal FR requirements are triggered by the allowable underground injection of a hazardous waste (Class
I). All Class I wells for injecting hazardous wastes are subject to closure, plugging, or abandonment FR as
well as FR for post-closure care.12 RCRA also requires FR for completing corrective (i.e., remedial) actions at
permitted SWMUs including hazardous waste injection wells. Class VI facilities for underground
containment of captured carbon dioxide provide FR for well plugging, "corrective action" of wells in the
area of review, site closure and post-injection site care, and emergency and remedial response.13
However, captured carbon dioxide is conditionally not a RCRA hazardous waste14 nor a CERCLA hazardous
substance.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
All facilities in NAICS codes 2211 would be subject to these
requirements if they injected hazardous wastes.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
RCRA hazardous wastes are defined by CERCLA as hazardous
substances.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
(9) FR for PCB storage or disposal facilities
Federal FR requirements are triggered by the operation of a commercial PCB storage facility.15 Commercial
PCB storage facilities are subject to closure FR. States may also have FR requirements for PCB storage
facilities that are not exclusively applicable to commercial facilities and also for PCB disposal facilities.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
All facilities in NAICS code 2211 would be subject to these requirements
if they stored or disposed of PCBs.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
TSCA PCBs are defined by CERCLA as hazardous substances.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
12	See 40 CFR Part 144 (Subpart F) and corresponding sections in 40 CFR Part 146.
13	See 40 CFR § 146.85.
14	See EPA, "Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (C02) Streams in
Geologic Sequestration Activities (Final Rule)," 78 Fed. Reg. 350 (January 3, 2014).
15	See 40 CFR §761.65.
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State Example
Indiana has FR requirements for closure and post-closure care costs for facilities owning or operating PCB
landfills or alternative disposal areas. [329 IAC 4.1-121.
(10) Corrective action FR for discharges/releases of hazardous substances or their constituents
States may have FR requirements that are triggered by a release of hazardous substances that are
intended to assure the proper clean up of the release. States may also have clean-up funds that are not
industry-specific but that are partially funded by industry, including the industries within the additional
classes of facilities of interest in the review, that can be used to fund the clean up of a release of hazardous
substances.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
All facilities in NAICS code 2211 could be subject to these requirements
if they produced or released hazardous substances covered by the
program that required remediation.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
This criterion would depend upon the extent to which the hazardous
substances covered by the program were CERCLA hazardous
substances.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
State Examples
Corrective action FR
Alaska may require FR that covers the costs of operation and maintenance, including compliance
monitoring and corrective measures, of institutional controls for a discharge or release of a hazardous
substance [18 AAC 75.375(e)!.
As part of an order requiring corrective action for the release of hazardous substances, Georgia may
require FR for corrective action [GA. Code Ann. § 12-8-951.
Georgia may require participants in a voluntary remediation program to demonstrate FR to cover clean up
and remediation of hazardous and regulated substances at properties that are not listed on the NPL or
currently undergoing remediation [GA. Code Ann. § 12-8-1071.
As part of a court determination that contamination of usable ground water poses a threat to the public
health and that evaluation or remediation is required to protect the usable ground water, Louisiana has FR
requirements covering the implementation of a plan for evaluating and remediating the contamination
and protecting usable ground water [La. R.S. § 30:2015.11.
12

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Michigan has FR for an environmental remediation program for monitoring, operation and maintenance,
oversight, and other costs determined necessary by the department to assure the effectiveness and
integrity of a remedial action for a release of hazardous substances [MCL 324.20114d(4)(b)1.
Minnesota also has FR requirements for corrective action and response costs if or when there is an order
associated with a responsible party's response to a hazardous substance release [Minn. Stat. 115E.01 and
Minn Stat. § 115E.051.
In New Jersey, a State agency or court can require a demonstration of FR to cover the cost of clean up and
removal of hazardous substances or hazardous waste discharges [N.J. Stat. § 58:10B-1.31. New Jersey also
has FR requirements that are applicable at the discretion of the Department covering operation,
maintenance, and inspection of engineering controls and related system installed as part of a remedial
action of a contaminated site [N.J. Stat. § 58:10C-191.
North Carolina has FR requirements triggered by the remediation of a contaminated site, including those
requiring remediation pursuant to CERCLA, RCRA, and the Oil Pollution and Hazardous Substance Control
Act, among other laws. The FR covers implementation and maintenance of the actions or controls
specified in an approved remedial action plan for the site [N.C. Gen. Stat. § 130A-310.69; N.C. Gen. Stat §
130A-309.721.
Texas has FR requirements that cover post-response action care for releases of chemicals of concern, as
defined by a number of Texas environmental programs, that are addressed by Remedy Standard B [30 TAC
§ 350.33; 30TAC § 37.40211.
In Washington the Department can require FR after a release of hazardous substance where the clean-up
action includes engineering and/or institutional controls. The FR covers operation and maintenance of the
clean-up action, including institutional control, compliance monitoring, and corrective actions [WAC § 173-
340-4401. Washington also has corrective action FR requirements associated with owning or operating a
facility with releases of dangerous wastes, which include hazardous substances and their constituents,
including on-site activities at energy facilities [WAC § 173-303-64620; WAC § 173-303-645; WAC § 463-74-
0301.
Wisconsin has an FR requirement that covers remedial actions at sites with residual contamination after
approving an interim action, a remedial action, or a case close letter if residual contamination remains on a
site after conclusion of an interim action or a remedial action [Wis. Stat. § 292.12(2)(d)(2)1. Wisconsin also
has an FR requirement triggered by an application for approval of a voluntary response based on natural
attenuation or additional remediation needed for contaminated sediments. The FR covers response and
restoration [Wis. Stat. § 292.15(2)(ae); Wis. Stat. § 292.15(2)(af); Wis. Admin. Code § NR 754.11(3)1.
Wyoming has an FR requirement that covers the performance and maintenance of engineering controls
and any monitoring activities required in remedy agreements, after entering a voluntary remedy
agreement with the Wyoming Department of Environmental Quality [WY Stat § 35-ll-1607(bMi)1.
State clean-up funds
Alaska has a State release prevention and response fund that can be used to contain, clean up, and take
other necessary action, such as monitoring and assessing, to address a release or threatened release of a
hazardous substance. Funding comes in part from a per barrel of oil production surcharge, as well as fines,
13

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penalties, or damages recovered under AS 46.08.005-46.08.080 or other law for costs incurred by the state
as a result of a release or threatened release of a hazardous substance. [AS § 46.08.020; AS § 46.08.0251.
California has a State clean-up fund for the following liabilities at facilities contaminated with hazardous
substances: removal or remedial action, site operation and maintenance, 10% State share of CERCLA
costs, and certain third-party compensation of costs and losses. Funding comes in part from monies from
State cost recoveries, fees, fines, or penalties incurred or received from responsible parties during
enforcement actions. [Cal HS Code 6.8-20 § 25300-25395.451.
Georgia has a State hazardous waste trust fund for the investigation, detoxification, removal, and disposal
of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action
is necessary to mitigate a present or future danger to human health or the environment. The fund can also
be used to cover emergency actions the director considers necessary to protect public health, safety, or
the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous
substances. Funds can also be used for CERCLA response actions. Funding comes in part from hazardous
waste management fees paid by hazardous waste generators. [GA. Code Ann. §§ 12-8-91 - 12-8-951.
Florida has a State water quality assurance trust fund that may be used for the assessment, clean up,
restoration, monitoring, and maintenance of any site involving spills, discharges, or escapes of pollutants
or hazardous substances which occur as a result of procedures taken by private and governmental entities
involving the storage, transportation, and disposal of pollutants or hazardous substances. Funds can also
be used for CERCLA response actions. Funding comes in part from a tax imposed on those engaged in the
production of motor fuel, diesel fuel, aviation fuel, and/or other pollutants, as well as environmental
enforcement actions. [Fla. Stat. § 376.3071.
Illinois has a State hazardous waste fund for preventative and corrective action in response to the release
of hazardous substances. Funding comes in part from a tax on the disposal of hazardous wastes. [415 ILCS
5/22.21.
Indiana has a State hazardous substances response trust fund that may be used for State responses to
hazardous releases. Funding comes in part from fees on the disposal of hazardous waste by generators. [IN
Code § 13-25-41.
Iowa has a State hazardous substance remedial fund that provides funds for corrective action and
remediation of hazardous substance disposal sites, includes financing of clean up, remediation, and post-
closure operation and maintenance costs. Funding comes in part from fees from hazardous waste
generators and transporters in the State. [Iowa Code § 455B.423(6)1.
Louisiana has a State hazardous waste site clean-up fund providing funds for the remediation of hazardous
wastes, and the assessment, clean up, and other costs associated with nonhazardous waste sites
determined to be priority sites by the Secretary. Funding is provided in part from a tax on the disposal of
hazardous wastes. [La. R.S. § 30:22051.
Minnesota has a State fund that may be used for corrective action to address releases of hazardous
substances and for environmental response actions at qualified landfill facilities. Funding comes in part
from cost recoveries and natural resources damages. [Minn Stat. § 116.1551.
Missouri has a State hazardous waste fund that may be used for clean up of hazardous substances, site
14

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remediation activities, and post closure operation and maintenance costs. Funding comes in part from fees
paid by the generators of hazardous wastes. [Mo. Ann. Stat. § 260.3911.
New Jersey has a State fund that may be used for the removal and clean up of hazardous substances,
natural resource damages restoration and replacement, compensation for damage and/or destruction of
real or personal property and associated lost income, compensation for loss of tax revenue, and interest
on loans. Funding comes in part from taxes on the owners or operators of major facilities receiving the
transfer of petroleum and/or hazardous substances, assessed according to the volume of the substance
transferred. [N.J. Stat. 5 58:10-23.11g: N.J. Stat. 5 58: 10-23.11hl.
New Jersey has another State fund that may be used for remediation of hazardous substance or waste.
Funding comes in part from a surcharge on parties required to remediate hazardous substance or waste,
per N.J. Stat. § 58: 10B-11, and appropriations, subrogation recoveries, and investment earnings. [N.J. Stat.
§ 58:10B-3; N.J. Stat. § 58:10B-201.
New Mexico has a State hazardous waste emergency fund for clean up and corrective action of hazardous
substance releases, disposal of hazardous substances, and necessary repairs of State property. Funding
comes in part from penalties collected by the Division against responsible parties for hazardous substance
incidents. [NM Stat. 74-4-71.
Texas has a State fund for removal and remediation of hazardous substances or solid waste. Funding
comes in part from fees imposed on the owners and operators of hazardous waste facilities. [Texas Health
And Safety Code § 361.1331.
Utah has a State hazardous substances mitigation fund for emergency actions, remedial investigations, and
the amounts required by the federal government as the State's portion of the cost of clean ups under
CERCLA. It is funded in part by waste disposal fees [Utah Code Ann. § 19-6-307 1.
Washington has a State fund for hazardous waste clean up, spill response, hazardous waste planning,
management, regulation, and enforcement. It is funded in part by a percentage pollution tax on the
wholesale value of possessed hazardous substances by holders of hazardous substances [Rev. Code Was. §
70.105D.0701.
(11) Facility remediation FR associated with transfer in ownership or facility closure
States may have FR requirements assuring the remediation of specified classes of facilities triggered by a
prospective transfer in ownership or facility closure.
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Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Program dependent.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
Program dependent.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
State Example
The New Jersey Industrial Site Recovery Act requires a demonstration of FR to cover facility remediation
from owners or operators of "industrial establishments" planning to close or transfer ownership or
operations. [NJAC 7:26B1.
(12) FR for storage tanks containing hazardous substances
States may have programs requiring a demonstration of FR to cover liabilities associated with releases
from aboveground or underground storage of hazardous substances in tanks. These FR requirements
would be imposed upon owners/operators prior to a release.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Many facilities in NAICS code 2211 are likely to have storage tanks
containing hazardous substances at their facilities and therefore be
subject to these FR requirements.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
This criterion would depend upon the extent to which the hazardous
substances covered by the program were CERCLA hazardous
substances.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Likely.
State Examples
Florida has FR requirements covering liabilities associated with the pollution of surface and ground waters,
discharge removal, and damage to natural resources from above or underground storage tanks containing
hazardous substances. [Fla. Stat. § 376.309(1)1.
Michigan has FR requirements for monitoring, operation, and maintenance of corrective action
remediation plans for leaking underground storage tanks containing regulated substances, which includes
a sub-set of CERCLA hazardous substances. [MCL 324.21309a(2)(f)1.
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New Jersey has FR requirements to which those servicing underground storage tanks containing CERCLA
hazardous substances are subject covering remediation and compensating third parties for bodily injury
and property damage. [N.J. Stat. § 58:10A-24.4; N.J. Stat. § 58:10A-25a(8)1.
New Mexico has a State fund that may be used for corrective action at above and underground storage
tanks to pay for the costs of a site assessment, the State's share of the federal leaking underground
storage tank trust fund, and to make payments to or on behalf of owners or operators for corrective
action. New Mexico has an FR requirement for corrective action and remediation if the owner or operator
receives notification of incapacity of the corrective action fund to cover corrective action and remediation
of contamination from above and below ground storage tanks [NM Stat. 74-6B-71.
Pennsylvania has FR requirements for corrective action and compensation for bodily injury and property
damage caused by accidental releases of regulated substances from storage tanks. [Note: Although the
authorizing Statute grants authority to impose FR requirements on both aboveground and underground
storage tanks, implementing regulations apply only to underground storage tanks.] [35 P.S. § 6021.701 and
25 PA. Code Chapter 2451
Washington has FR requirements that are triggered by submitting a license application for a UST system
that contains regulated substances, which include hazardous substances and mixtures of petroleum and
hazardous substances. The FR requirement covers remediation and compensation of third parties for
bodily injury and property damage due to sudden and non-sudden accidental releases [Rev. Code Was. §
90.76; WAC § 173-360A-0200; WAC § 173-360A-1000 et seq.l.
(13) Other broad authorities to require FR to assure compliance with orders
States may have broad authority to require FR to assure compliance with an agency order.
Relevance to electric generation, transmission, and distribution industry (NAICS 2211) and CERCLA
108(b)
NAICS codes subject to
requirement
Program dependent.
Use or production of CERCLA
hazardous substance at
covered facilities/equipment
Program dependent.
Likelihood that scope of FR
program covers clean up of
CERCLA hazardous substance
Program dependent.
State Example
In New Jersey, the Department of Environmental Protection (DEP) has the authority to require FR to assure
good faith compliance with an order to correct a violation of DEP regulations [N.J. Stat. § 13:lD-9(u)1.
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Append	State Listing of Identified FIR Programs Potentially Applicable
to NAICS Code 2211.
The following table provides an alphabetical State-by-State listing of the FR programs identified in each
State, including identification of the trigger for the FR requirement and the liabilities covered. For each
program, a hyperlink is provided for a publicly available version of the statute and/or regulation describing
the program. Authorizing statutes and/or implementing regulations are included in the table. The trigger
for the FR requirements is the activity or action that subjects an individual or company to an FR
requirement. The trigger for the FR requirement may be (1) ownership or use of a specific piece of
equipment or product (e.g., ownership of an underground storage tank that contains regulated
substances) or (2) engagement in a specified activity (e.g., a release of a hazardous substance). Where
State Funds are identified, the "Trigger for FR requirement" column identifies the mechanisms (e.g., fee on
the generation of hazardous waste) by which the facilities in NAICS Code 2211 would be required to
contribute to the fund. The covered liabilities described in the table are the full scope of liabilities that are
discussed for the program, but are subject to various limitations and exclusions that are not discussed in
detail in this report.
Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
Alaska


Release Prevention and
Response Fund (State
fund)
AS § 46.08.020
AS § 46.08.025
Funding comes in part from a per
barrel of oil production surcharge, as
well as fines, penalties, or damages
recovered under AS 46.08.005-
46.08.080 or other law for costs
incurred by the State as a result of a
release or threatened release of a
hazardous substance.
Contain, clean up, and take other
necessary action, such as
monitoring and assessing, to
address a release or threatened
release of a hazardous substance.
Solid Waste Management
Regulations
18 AAC 60.265
Owning or operating a coal ash
landfill.
Closing of facility and post-
closure monitoring.
Discharge Reporting,
Clean Up, and Disposal of
Hazardous Substances
18 AAC 75.375(e)
Department determination associated
with institutional controls for a
discharge or release of a hazardous
substance.
Costs of operation and
maintenance, including
compliance monitoring and
corrective measures, for any
institutional control.
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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
California
Hazardous Substances
Account Act (State Fund)
Cal HS Code 6.8-20 §
25300-25395.45
Funded in part by monies from State
cost recoveries, fees, fines, or
penalties incurred or received from
responsible parties during
enforcement actions.
Removal or remedial action, site
operation and maintenance, 10%
State share of CERCLA costs,
certain third-party compensation
of costs and losses.
Florida
Pollutant Discharge
Prevention - Water
Quality Assurance Trust
Fund (State Fund)
Fla. Stat. § 376.307
Funding comes in part from (1) a tax
imposed on those engaged in the
production of motor fuel, diesel fuel,
aviation fuel, or other pollutants and
(2) moneys recovered by the State as
a result of actions initiated against a
person for a violation of Florida
Statutes Chapter 403, Environmental
Control, that result in injury to the air,
waters, or property, including animal,
plant, and aquatic life.
Assessment, clean up,
restoration, monitoring, and
maintenance of any site involving
spills, discharges, or escapes of
pollutants or hazardous
substances which occur as a
result of procedures taken by
private and governmental
entities involving the storage,
transportation, and disposal of
pollutants or hazardous
substances. Funds can also be
used for CERCLA response
actions.
Facilities, Financial
Responsibility
Fla. Stat. 5 376.309(1)
Owning an underground tank over
110 gallons that contains any
hazardous substances or pollutants or
owning an aboveground tank with
storage capacity less than 550 gallons
that contain any pollutants.
Liabilities incurred under the
Statute, including liabilities
associated with pollution of
surface and ground waters,
discharge removal, and damage
to natural resources.
Florida Resource Recovery
and Management
Fla. Stat. 5 403.707
Fla. Admin. Code Ann, r.
62-701.630
Owning or operating a solid waste
facility and obtaining a valid permit to
own or operate the solid waste
facility. Solid wastes could include
non-beneficial CCRs.
Closure, post-closure care, and
corrective action.
Georgia
Georgia Hazardous Waste
Trust Fund (State Fund)
GA. Code Ann. SS 12-8-91
_ 12-8-95
Funding comes in part from hazardous
waste management fees paid by
generators of hazardous waste,
hazardous substance release reporting
fees, and cost recovery from
corrective actions and enforcement.
Investigation, detoxification,
removal, and disposal of any
hazardous wastes, hazardous
constituents, or hazardous
substances at sites where
corrective action is necessary to
mitigate a present or future

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities


danger to human health or the
environment. Emergency actions
the director considers necessary
to protect public health, safety,
or the environment whenever
there is a release of hazardous
wastes, hazardous constituents,
or hazardous substances. Funds
can also be used for CERCLA
response actions.
Georgia Corrective Action
Order Financial Assurance
GA. Code Ann. § 12-8-95
An order requiring corrective action
for the release of hazardous
substances.
Corrective action.
Voluntary Remediation
Program - Hazardous
Wastes
GA. Code Ann. § 12-8-107
Participating in voluntary remediation
program for sites contaminated with
hazardous and regulated substances.
Clean up and remediation of
hazardous and regulated
substances at properties that are
not listed on the NPL or currently
undergoing remediation. Includes
soil and water remediation and
reclamation.
Coal Combustion
Residuals Management
GA ADC. §§ 391-3-4.10-
391-3-4.13
Disposing of CCRs in CCR units and
landfills.
Corrective action, closure, and
post-closure care in line with
RCRA subtitle C requirements for
hazardous waste disposal
facilities.
Solid Waste Trust Fund
(State Fund)
GA. Code Ann. 12-8-27.1
Funding from disposal fees, including
fees for the disposal of CCRs from
electricity generating facilities.
Emergency actions in response to
releases or threatened releases,
preventative or corrective action,
including closure and post-
closure care.

Illinois


Hazardous Waste Fund
(State Fund)
415 ILCS 5/22.2
Funding comes in part from a tax on
the disposal of waste, per unit of
volume, at hazardous waste facilities.
The tax is collected from the owners
and operators of disposal facilities
according to the amount of waste
they process. The disposal of CCRs is
expressly excluded from the State tax
requirements.
Preventative and corrective
action in response to the release
of hazardous substances, State
compliance with CERCLA, and
groundwater protection
activities.

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
Indiana


Disposal of Wastes
Containing PCBs
329 IAC 4.1-12
Owning or operating facilities that
dispose of PCBs in landfills or
alternative disposal areas.
Closure and post-closure care.
Solid Waste Land Disposal
Facilities
Owning or operating facilities
disposing of CCRs at a landfill.
Closure and post-closure care.
329 IAC 10-39-1


Hazardous Substances
Response Trust Fund
(State Fund)
Funding comes in part from a fee on
the disposal of hazardous waste by
generators.
State responses to hazardous
releases.
IN Code § 13-25-4


Iowa


Coal Combustion Residue
Sanitary Landfills
Owning or operating a CCR landfill.
Closure, post-closure care, and
corrective action.
IA ADC 567-103.3


Iowa Code § 455B.304, §
455B.306


Iowa Hazardous
Substances Remedial Fund
(State Fund)
Iowa Code § 455B.423(6)
Funding comes from fees from
hazardous waste generators and
transporters, as well as enforcement
penalties.
Corrective action and
remediation of hazardous
substance disposal sites. Includes
financing of clean up,
remediation, and post-closure
operation and maintenance
costs.
Kansas


No relevant programs identified.
Kentucky


Coal Combustion
Residuals Regulations
Owning or operating a CCR unit.
Closure and post-closure care.
401 KAR 46:120


Louisiana


Solid Waste Regulations
LAC 33:VII § 1303
Owning or operating a disposal facility
requiring a permit. The regulations are
silent as to affirmatively controlling
Closure and post-closure care.
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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities

CCRs, but provide an exemption from
permitting requirements for the
beneficial use of CCRs.

Remediation of Usable
Ground Water
La. R.S. § 30:2015.1
Court determination that
contamination of usable ground water
exists which poses a threat to the
public health and that evaluation or
remediation is required to protect
usable ground water.
Implementation of a plan for
evaluating and remediating the
contamination and protecting the
usable ground water consistent
with the health, safety, and
welfare of the people.
Hazardous Waste Site
Clean-up Fund (State
Fund)
La. R.S. § 30:2205
Funding comes in part from a tax on
the disposal of hazardous waste.
In addition to providing for the
remediation of hazardous waste,
the assessment, clean up, and
associated costs of nonhazardous
waste sites determined to be
priority sites by the Secretary. No
further guidance as to the
determination of priority sites
was identified in Louisiana
hazardous and solid waste law.
Michigan


Solid Waste Management
- Financial Assurance
MCL 324.11512(3)
Applying for a license to operate a
disposal area, including landfills used
for the disposal of CCRs.
Closure, post-closure
maintenance and monitoring,
and corrective action.
Ml ADC R.299.4922.4


Solid Waste Management
Statute - Perpetual Care
Fund
Owning or operating a landfill,
including type II landfills that can be
used for the disposal of CCRs.
Closure, post-closure monitoring
and maintenance, and corrective
action.
MCL 324.11525(9)


Environmental
Remediation Statute - No
further action report
MCL 324.20114d(4)(b)
Submission of a no further action
report associated with a remedial
action for a release of hazardous
substances, which requires a
proposed post-closure agreement.
Monitoring, operation and
maintenance, oversight, and
other costs determined
necessary by the department to
assure the effectiveness and
integrity of the remedial action.
Leaking Underground
Storage Tanks - Corrective
Action Plan
MCL 324.21309a(2)(f)
Creation of a corrective action plan for
a release of regulated substances,
which includes a sub-set of CERCLA
hazardous substances, from an
underground storage tank system, if
Monitoring, operation, and
maintenance necessary to assure
the effectiveness and integrity of
the corrective action remediation
system.
A-5

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities

the corrective action plan includes the
operation of a mechanical soil or
groundwater remediation system or
both. [Note: No implementing
regulations were identified pursuant
to this statute.]

Missouri


Financial Assurance
Requirements for Closure
and Post Closure Care of
Solid Waste Disposal
Areas
Applying for and obtaining a permit to
own or operate a disposal area, which
includes utility waste landfills that can
be used for the disposal of CCRs.
Post-closure care plans and
corrective action.
Mo. Ann. Stat. § 260.205


10 CSR 80-2.030(4)(B)(2)d


Hazardous Waste Fund
(State Fund)
Mo. Ann. Stat. § 260.391
Funding comes in part from fees paid
by the generators of hazardous
wastes.
Clean up of hazardous
substances, site remediation
activities, and post closure
operation and maintenance
costs.
Minnesota


Hazardous Substance
Discharge Preparedness
Minn Stat. § 115E.01
Minn Stat. § 115E.05
An order associated with a responsible
party's response to a hazardous
substance release.
Corrective action and response
costs.
Minnesota Remediation
Fund (State Fund)
Minn Stat. § 116.155
Funding comes in part from cost
recoveries and natural resource
damages.
Corrective action to address
releases of hazardous substances
and for environmental response
actions at qualified landfill
facilities.
Coal Ash Solid Waste
Management Facilities
MN ADC 7035.2695
Owning or operating a CCR land
disposal facility permitted after
January 1, 2011. CCR landfills are a
class of industrial waste land disposal
facilities.
Closure, post-closure care, and
corrective action.
New Jersey


Powers of the Department
of Environmental
Protection
An order of the NJ Department of
Environmental Protection (DEP) to
correct a violation of DEP regulations.
Good faith compliance with the
order.
A-6

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
N.J. Stat. § 13:lD-9(u)


Spill Compensation Fund
(State Fund)
N.J. Stat. § 58:10-23.lie
N.J. Stat. § 58: 10-23.llh
Funding comes in part from taxes on
the owners or operators of major
facilities receiving the transfer of
petroleum and/or hazardous
substances, assessed according to the
volume of the substance transferred.
Removal and clean up of
hazardous substances, natural
resource damages restoration
and replacement, compensation
for damage and/or destruction of
real or personal property and
associated lost income,
compensation for loss of tax
revenue, and interest on loans.
Underground Storage
Tank Regulations
N.J. Stat. § 58:10A-24.4
N.J. Stat. § 58:10A-25a(8)
Servicing an underground storage tank
containing CERCLA hazardous
substances.
Remediation and compensating
third parties for bodily injury and
property damage.
Hazardous Discharge Site
Remediation
N.J. Stat. § 58:10B-1.3
Directive or order by a State agency or
court to clean up and remove a
hazardous substance or hazardous
waste discharge.
Remediation.
Remediation Guarantee
Fund (State Fund)
N.J. Stat. § 58:10B-3
N.J. Stat. § 58:10B-20
Funding comes in part from a
surcharge on parties required to
remediate hazardous substance or
waste, per N.J. Stat. § 58: 10B-11, and
appropriations, subrogation
recoveries, and investment earnings.
Remediation.
Site Remediation
Professional Licensing and
Regulation
N.J. Stat. § 58:10C-19
At the discretion of the department,
the operation, maintenance, and
inspection of engineering or
institutional controls and related
systems installed as part of a remedial
action of a contaminated site.
Operation, maintenance,
inspection of engineering
controls as part of a remedial
action of a contaminated site for
the period that such controls are
required.
Solid Waste Management
Regulations
N.J.A.C. 7:26-2B.6(c)(12):
N.J.A.C. 7:26-2A.9(f)
Constructing, operating, or closing a
sanitary landfill containing solid waste.
CCRs, when they do not qualify for a
beneficial use exemption, are
regulated as solid waste.
Closure and post-closure care
consistent with plans approved
by the Department.
Industrial Site Recovery
Act Rules
Proposing closure or transferring an
industrial establishment in need of
Site remediation, meaning the
investigation and/or clean up of
any known or suspected
A-7

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)	
Trigger for FR requirement
Covered liabilities
N.J.A.C. 7:26B et subsq.
remediation to a new owner or
operator.
discharge of hazardous waste,
substance, or pollutant into the
lands or waters of the State.
New Mexico
Corrective Action Fund -
Storage Tanks (State Fund
and FR requirement)
NM Stat. 74-6 B-7
Funding comes in part from yearly
fees from owners and operators of
above and below ground storage
tanks containing regulated
substances, which include a sub-set of
CERCLA hazardous substances (State
fund).
Corrective action at above and
underground storage tanks to
pay for the costs of a site
assessment, the State's share of
the federal leaking underground
storage tank trust fund, and to
make payments to or on behalf
of owners or operators for
corrective action.
Receipt by the owner or operator of
notification of incapacity of the
corrective action fund to cover
corrective action and remediation of
contamination from above and below
ground storage tanks (FR
requirement).
Corrective action and
remediation.
Hazardous Waste
Emergency Fund (State
Fund)
NM Stat. 74-4-7
Funding comes in part from penalties
collected by the Division against
responsible parties for hazardous
substance incidents.
Clean up and corrective action of
hazardous substance releases,
disposal of hazardous substances,
and necessary repairs of State
property.
North Carolina
Coal Ash Management
Closure of Surface
Impoundments
N.C. Gen. Stat. 5 130A-
309.214
Being a public-utility and owning a
low-risk CCR surface impoundment.
Closure, post-closure
maintenance and monitoring,
corrective action, and satisfaction
of any liability for sudden and
nonsudden accidental
occurrences arising from the
impoundment and subsequent
costs incurred by the Department
in response to an incident.
Coal Ash Management -
Use of Coal Combustion
Products for Structural Fill
N.C. Gen. Stat. § 130A-
309.219;
Holding a permit to construct or operate
a structural fill where the project
involves placement of 8,000 or more
tons of coal combustion products per
acre or 80,000 or more tons of coal
combustion products in total per
project.
Closure, post-closure
maintenance and monitoring,
corrective action, and satisfaction
of any liability for sudden and
nonsudden accidental
occurrences, and subsequent
costs incurred by the Department

-------
Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
N.C. Gen. Stat § 130A-
309.221

in response to an incident at a
structural fill project.
Risk Based Environmental
Remediation of Sites
N.C. Gen. Stat. § 130A-
310.69:
N.C. Gen. Stat § 130A-
309.72
Conducting remediation of a
contaminated site, including those
requiring remediation pursuant to
CERCLA, RCRA, and the Oil Pollution
and Hazardous Substance Control Act,
among other laws.
Implementation and
maintenance of the actions or
controls specified in an approved
remedial action plan for the site.
Ohio


Coal Ash Disposal at
Sanitary Landfills,
Including Residual Solid
Waste Landfills
OH ADC 3745-29-19
Applying for a permit to operate a solid
waste disposal facility that receives
residual solid waste (including CCRs) or
industrial solid waste from power
generation.
Closure, post closure, and
corrective action at sanitary
landfills used for the disposal of
CCRs and industrial solid waste
from power generation.
OH ADC 3745-30-14


Oklahoma


Solid Waste Management
27A Okl. St. § 2-10-701
OK ADC 252:515-27-3
Owning or operating a waste disposal
site, which may receive CCRs, requiring
a permit.
Closure, post-closure care,
and/or corrective action for
known releases.
Disposal of Coal
Combustion Residuals
from Electric Utilities
OK ADC 252:517
Owning or operating a CCR unit that
handles or handled CCRs from an
electric utility or independent power
producer.
Closure, post-closure care,
and/or corrective action for
known releases.
Pennsylvania


Residual Waste
Management
35. P.S. § 6018.505 et
subsa.
25 PA. Code Chapter 287
Operating a residual waste disposal
facility requiring a permit. Non-
hazardous waste from industrial
operations (e.g., refineries) and non-
beneficial CCRs are residual waste for
the purposes of this law.
Completing final closure
according to the permit granted
to such facility and such
measures as are necessary to
prevent adverse effects upon the
environment; such measures
include but are not limited to
satisfactory monitoring, post-
closure care, and remedial
measures. Bodily injury and
A-9

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities


property damage to third parties
resultant from the operation of
the facility.
Storage Tank and Spill
Prevention
35. P.S. § 6021.701
25 PA. Code Chapter 245
Owning or operating a storage tank
containing "regulated substances,"
which include a sub-set of CERCLA
hazardous substances. [Note: Although
the authorizing Statute grants authority
to impose FR requirements on both
aboveground and underground storage
tanks, implementing regulations apply
only to underground storage tanks.]
Corrective action and bodily
injury and property damage
caused by releases arising from
operation of storage tank.
Texas


Texas Hazardous and Solid
Waste Remediation Fee
Account (State Fund)
Funding comes in part from fees
imposed on the owners and operators
of hazardous waste facilities.
Removal and remediation of solid
waste or hazardous substances.
Texas Health And Safetv
Code § 361.133


Texas Risk Reduction
Program, Remediation
Standard B
30 TAC § 350.33
30TAC § 37.4021
Releasing chemicals of concern, as
defined by a number of Texas
environmental programs, and
developing a response action pursuant
to Remedy Standard B.
Post-response action care.
Utah


Financial Assurance - Solid
Waste
Utah Code Ann. § 19-6-
108(9)(c)
Owning or operating a solid waste
disposal facility requiring permits,
including CCR landfills.
Closure, post-closure care, and
corrective action.
Utah Admin. Code R315-
309-1


Hazardous Substances
Mitigation Fund (State
Fund)
Utah Code Ann. § 19-6-
307
Funded in part by waste disposal fees.
Emergency actions, remedial
investigations, and the amounts
required by the federal
government as the State's
portion of the cost of clean ups
under CERCLA.
Virginia


A-10

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Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
Solid Waste Management
Va. Code Ann. § 10.1-1410
Operating a CCR landfill.
Closure, post-closure care, and
corrective action.
9 VAC 20-81


Washington


State Toxics Control
Accounts (State Fund)
Rev. Code Was. §
70.105D.070
Funded in part by a percentage
pollution tax on the wholesale value of
possessed hazardous substances by
holders of hazardous substances.
Hazardous waste clean up, spill
response, hazardous waste
planning, management,
regulation, and enforcement.
Closure of Coal-fired
Electric Generation
Facilities
Submitting a closure and post closure
plan for a coal fired electric generating
facility.
Closure and post-closure of the
facility.
Rev. Code Was. §
80.82.010


Retirement Account -
Decommissioning and
Remediation Liabilities
Establishing a retirement account to
cover decommissioning and
remediation costs of eligible coal units.
Decommissioning and
remediation costs.
Rev. Code Was. §
80.84.020


Releases from Regulated
Units
WAC § 173-303-64620
WAC § 173-303-645
WAC § 463-74-030
Owning or operating a facility with
releases of dangerous wastes, which
include hazardous substances and their
constituents, including on-site activities
at energy facilities.
Corrective action.
Model Toxics Control Act
WAC § 173-340-440
Department order after release of
hazardous substance where the clean-
up action includes engineering and/or
institutional controls.
Operation and maintenance of
the clean-up action, including
institutional control, compliance
monitoring, and corrective
actions.
Underground Storage
Tanks - Storage of
Regulated Substances
Rev. Code Was. § 90.76
Submitting a license application for a
UST system that contains regulated
substances, which include hazardous
substances and mixtures of petroleum
and hazardous substances.
Remediation and compensation
of third parties for bodily injury
and property damage due to
sudden and non-sudden
accidental releases.
WAC § 173-360A-0200


A-ll

-------
Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
WAC § 173-360A-1000 et
seq.


Energy Facility
Applications for Site
Certification
WAC § 463-60-010
WAC § 463-60-075
Submitting an application for site
certification for energy facilities.
Damage or loss to the physical or
human environment, caused by
project construction, operation,
abandonment, termination, or
when operations cease at the
completion of an energy facility
project's life.
Energy Facility Restoration
and Preservation
WAC § 463-72-020
Submitting a site restoration or
preservation plan to identify, evaluate,
and resolve all major environmental
and public health and safety issues at
an energy facility.
Restoration, preservation, site
closure, and pollution liabilities.
Wisconsin


Solid Waste Financial
Responsibility
Requirements
Wis. Stat. § 289.41(2)(a)
Owning or operating any landfill. This
may include landfills where CCRs are
disposed.
Closure, long-term care, and
remedial actions.
Wis. Admin. Code § NR
514.06(15): Wis. Admin.
Code § NR 520.05(1)


Sites with Residual
Contamination from
Hazardous Substances
Wis. Stat. §
292.12(2)(d)(2)
Approving an interim action, a remedial
action, or a case close letter if residual
contamination remains on a site after
conclusion of an interim action or a
remedial action.
Remedial action at site with
residual contamination.
Voluntary Remediation
Wis. Stat. § 292.15(2)(ae):
Wis. Stat. § 292.15(2)(af)
Application for approval of a voluntary
response based on natural attenuation
or additional remediation needed for
contaminated sediments.
Response and restoration.
Wis. Admin. Code § NR
754.11(3)


Wyoming


Solid Waste Management
Facilities - Financial
Assurance Requirements
WY Stat § 35-11-504
Agency decision following a violation by
a facility that is owned or operated by
an electric utility disposing of solid
waste from an electric generation
facility.
Corrections of violations of rules,
standards, or permits.
A-12

-------
Program name
(including hyperlink to
publicly available version
of statute and/or
regulation)
Trigger for FR requirement
Covered liabilities
020-0009-7 Wvo. Code R.
§§1-3


Voluntary Remediation of
Contaminated Sites
WY Stat § 35-ll-1607(b)(i)
Entering a voluntary remedy
agreement with the Wyoming
Department of Environmental Quality.
Performance and maintenance of
engineering controls and any
monitoring activities required in
remedy agreement.
A-13

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Append Methodology for Selecting States Reviewed
The following sections summarize findings about the geographic distribution of facilities within the 50
States and the District of Columbia for each of the NAICS classes of interest. EPA relied upon EPA
rulemakings, industry sources, and the U.S. Census Bureau's County Business Pattern data to generate the
results. The Census Bureau collects data on the number of "establishments" within each geographic area;
it defines an "establishment" as "a single physical location at which business is conducted or services or
industrial operations are performed."16
The Census Bureau collects establishment information by the number of employees at each establishment
(i.e., number of establishments in a given State with 1-4 employees, number of establishments in a given
State with 5-9 employees, etc.). For the purposes of generating a representative sample of States for
regulatory information collection, EPA included all of the establishments in a given State, regardless of
employment, in its findings.
The sections below discuss in detail the method for identifying representative samples of States from
which to collect FR regulatory information. In summary, the States identified that had significant number
of facilities in each industry include:
•	NAICS 2211 (221112 - Coal-Fired Electric Utility Power Plants): Pennsylvania, Michigan, Indiana,
Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.
•	NAICS 324 (324110 - Petroleum Refineries, and 324199 - All Other Petroleum and Coal Products
Manufacturing): Texas, Louisiana, California, Alaska, Oklahoma, Utah, Washington, Wyoming,
Pennsylvania, Illinois, and Virginia.
•	NAICS 325 - Chemical Manufacturing: California, Texas, Illinois, Florida, New Jersey, Pennsylvania,
New York, and Georgia.
EPA included every State that appeared at least once in the above lists. This resulted in EPA reviewing the
following States to identify existing FR programs:
Alaska, California, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan,
Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas,
Utah, Virginia, Washington, Wisconsin, and Wyoming.
NAICS 221112: Fossil Fuel Powered Utility Plants
NAICS 221112 includes all fossil fuel powered electric power generation facilities. The data from EPA's coal
combustion residuals rulemaking is specific to coal-fired plants, while the Census Bureau data on NAICS
221112 establishments reflects the geographic distribution of all fossil fuel powered plants.
Table 1, below, summarizes the geographic distribution of the affected universe of coal-fired utility plants
from EPA's 2015 coal combustion residuals rulemaking and presented in EPA's 2018 RCRA disposal of coal
combustion residuals rulemaking.
Table 1. Coal-Fired Electric Utility Plants Affected by the 2015 CCR Rule by State
16 U.S. Census Bureau, County Business Patterns, Glossary, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/about/glossarv.html.

-------
Row
State
Plants
% of Total
Plants
Cumulative %
1
Pennsylvania
24
5.8%
5.8%
2
Michigan
23
5.6%
11.4%
3
Indiana
21
5.1%
16.5%
4
Illinois
19
4.6%
21.1%
5
Missouri
19
4.6%
25.7%
6
Texas
18
4.4%
30.0%
7
Kentucky
17
4.1%
34.1%
8
Iowa
16
3.9%
38.0%
9
Ohio
16
3.9%
41.9%
10
Wisconsin
16
3.9%
45.8%
11
Florida
14
3.4%
49.2%
12
Minnesota
14
3.4%
52.5%
13
North Carolina
14
3.4%
55.9%
14
Colorado
12
2.9%
58.8%
15
Virginia
12
2.9%
61.7%
16
Wyoming
11
2.7%
64.4%
17
Alabama
10
2.4%
66.8%
18
Georgia
10
2.4%
69.2%
19
West Virginia
10
2.4%
71.7%
20
California
8
1.9%
73.6%
21
New York
8
1.9%
75.5%
22
South Carolina
8
1.9%
77.5%
23
Kansas
7
1.7%
79.2%
24
Maryland
7
1.7%
80.9%
25
North Dakota
7
1.7%
82.6%
26
Nebraska
7
1.7%
84.3%
27
Tennessee
7
1.7%
86.0%
28
Arizona
6
1.5%
87.4%
29
Oklahoma
6
1.5%
88.9%
30
Arkansas
5
1.2%
90.1%
31
Mississippi
5
1.2%
91.3%
32
Montana
5
1.2%
92.5%
33
New Jersey
5
1.2%
93.7%
34
Utah
5
1.2%
94.9%
35
Louisiana
4
1.0%
95.9%
36
New Mexico
4
1.0%
96.9%
37
Hawaii
2
0.5%
97.3%
38
Massachusetts
2
0.5%
97.8%
39
New Hampshire
2
0.5%
98.3%
40
Nevada
2
0.5%
98.8%
41
South Dakota
2
0.5%
99.3%
42
Alaska
1
0.2%
99.5%
43
Connecticut
1
0.2%
99.8%
44
Maine
1
0.2%
100.0%

-------
Row
State
Plants
% of Total
Plants
Cumulative %
45
District of Columbia
0
0.0%
100.0%
46
Delaware
0
0.0%
100.0%
47
Idaho
0
0.0%
100.0%
48
Oregon
0
0.0%
100.0%
49
Rhode Island
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Washington
0
0.0%
100.0%
52
Total
413
100%

Source: Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule Disposal of Coal Combustion
Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA,
Office of Resource Conservation and Recovery, March 2018.
Table 2, below, summarizes the geographic distribution of NAICS 221112 establishments from the Census
Bureau's 2016 County Business Patterns data, which include all fossil fuel powered electric power
generation facilities.
Table 2. NAICS 221112 Establishments by State, 2016 U.S. Census County Business Patterns Data
Row
State
Establishments
% of Total
Establishments
Cumulative %
1
Texas
155
10.4%
10.4%
2
Louisiana
79
5.3%
15.7%
3
California
72
4.8%
20.5%
4
Ohio
71
4.8%
25.3%
5
Pennsylvania
70
4.7%
30.0%
6
North Carolina
60
4.0%
34.0%
7
New York
56
3.8%
37.8%
8
Georgia
54
3.6%
41.4%
9
Florida
47
3.2%
44.6%
10
Colorado
46
3.1%
47.7%
11
Oklahoma
45
3.0%
50.7%
12
Kentucky
44
3.0%
53.6%
13
Missouri
41
2.8%
56.4%
14
Illinois
40
2.7%
59.1%
15
Indiana
38
2.6%
61.6%
16
New Jersey
38
2.6%
64.2%
17
Michigan
36
2.4%
66.6%
18
Minnesota
35
2.3%
68.9%
19
Wisconsin
33
2.2%
71.1%
20
Alabama
27
1.8%
73.0%
21
Utah
27
1.8%
74.8%
22
Massachusetts
26
1.7%
76.5%
23
Arkansas
23
1.5%
78.1%
24
Kansas
22
1.5%
79.5%
25
Maryland
22
1.5%
81.0%

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Row
State
Establishments
% of Total
Establishments
Cumulative %
26
Alaska
21
1.4%
82.4%
27
Virginia
21
1.4%
83.8%
28
Mississippi
20
1.3%
85.2%
29
Iowa
18
1.2%
86.4%
30
South Carolina
18
1.2%
87.6%
31
West Virginia
18
1.2%
88.8%
32
New Mexico
16
1.1%
89.9%
33
Nevada
13
0.9%
90.7%
34
North Dakota
13
0.9%
91.6%
35
Arizona
12
0.8%
92.4%
36
Connecticut
12
0.8%
93.2%
37
Delaware
12
0.8%
94.0%
38
Hawaii
12
0.8%
94.8%
39
Wyoming
11
0.7%
95.6%
40
Idaho
9
0.6%
96.2%
41
Nebraska
8
0.5%
96.7%
42
South Dakota
8
0.5%
97.2%
43
Washington
8
0.5%
97.8%
44
New Hampshire
7
0.5%
98.3%
45
Oregon
6
0.4%
98.7%
46
Montana
5
0.3%
99.0%
47
Rhode Island
5
0.3%
99.3%
48
Maine
4
0.3%
99.6%
49
District of Columbia
3
0.2%
99.8%
50
Vermont
2
0.1%
99.9%
51
Tennessee
1
0.1%
100.0%
52
Total
1490
100%

Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 221112, accessed July 27, 2018
at: https://www.census.gov/programs-survevs/cbp/data/tables.html.
EPA collected State FR regulatory information from the 13 States with the most coal-fired plants that
constitute over 50 percent of the affected universe (by facility count): Pennsylvania, Michigan, Indiana,
Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.
NAICS 324: Petroleum Refineries (NAICS 324110) and All Other Petroleum and Coal
Manufacturing (NAICS 324199)
Table 3, below, summarizes the geographic distribution of petroleum refineries in the United States as of
January 1, 2018 from the Energy Information Administration (EIA)'s 2018 Refinery Capacity Report.
Table 3. Petroleum Refineries by State, 2018 EIA Refinery Capacity Report
Row
State
Refineries
% of Total
Refineries
Cumulative %
1
Texas
29
21.5%
21.5%
2
Louisiana
17
12.6%
34.1%
B^4

-------



% of Total

Row
State
Refineries
Refineries
Cumulative %
3
California
16
11.9%
45.9%
4
Alaska
5
3.7%
49.6%
5
Oklahoma
5
3.7%
53.3%
6
Utah
5
3.7%
57.0%
7
Washington
5
3.7%
60.7%
8
Wyoming
5
3.7%
64.4%
9
Illinois
4
3.0%
67.4%
10
Montana
4
3.0%
70.4%
11
Ohio
4
3.0%
73.3%
12
Pennsylvania
4
3.0%
76.3%
13
Alabama
3
2.2%
78.5%
14
Kansas
3
2.2%
80.7%
15
Mississippi
3
2.2%
83.0%
16
Arkansas
2
1.5%
84.4%
17
Hawaii
2
1.5%
85.9%
18
Indiana
2
1.5%
87.4%
19
Kentucky
2
1.5%
88.9%
20
Minnesota
2
1.5%
90.4%
21
New Jersey
2
1.5%
91.9%
22
New Mexico
2
1.5%
93.3%
23
North Dakota
2
1.5%
94.8%
24
Colorado
1
0.7%
95.6%
25
Delaware
1
0.7%
96.3%
26
Michigan
1
0.7%
97.0%
27
Nevada
1
0.7%
97.8%
28
Tennessee
1
0.7%
98.5%
29
West Virginia
1
0.7%
99.3%
30
Wisconsin
1
0.7%
100.0%
31
Arizona
0
0.0%
100.0%
32
Connecticut
0
0.0%
100.0%
33
District of Columbia
0
0.0%
100.0%
34
Florida
0
0.0%
100.0%
35
Georgia
0
0.0%
100.0%
36
Idaho
0
0.0%
100.0%
37
Iowa
0
0.0%
100.0%
38
Maine
0
0.0%
100.0%
39
Maryland
0
0.0%
100.0%
40
Massachusetts
0
0.0%
100.0%
41
Missouri
0
0.0%
100.0%
42
Nebraska
0
0.0%
100.0%
43
New Hampshire
0
0.0%
100.0%
44
New York
0
0.0%
100.0%
45
North Carolina
0
0.0%
100.0%
46
Oregon
0
0.0%
100.0%
R-S
—j

-------
Row
State
Refineries
% of Total
Refineries
Cumulative %
47
Rhode Island
0
0.0%
100.0%
48
South Carolina
0
0.0%
100.0%
49
South Dakota
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Virginia
0
0.0%
100.0%
52
Total
135
100%

Source: U.S. Energy Information Administration, Petroleum Refinery Capacity Report, as of January 1,
2018, accessed July 27, 2018 at: https://www.eia.gov/petroleum/refinervcapacitv/.
Table 4, below, summarizes the geographic distribution of NAICS 324110 establishments in the United
States from the Census Bureau's 2016 County Business Patterns data.
Table 4. NAICS 324110 Establishments by State, 2016 U.S. Census County Business Patterns Data



% of Total

Row
State
Establishments
Establishments
Cumulative %
1
Texas
38
19.3%
19.3%
2
California
24
12.2%
31.5%
3
Louisiana
20
10.2%
41.6%
4
Oklahoma
9
4.6%
46.2%
5
Pennsylvania
9
4.6%
50.8%
6
Illinois
6
3.0%
53.8%
7
New Jersey
6
3.0%
56.9%
8
Ohio
6
3.0%
59.9%
9
Washington
6
3.0%
62.9%
10
Wyoming
6
3.0%
66.0%
11
Alaska
5
2.5%
68.5%
12
Utah
5
2.5%
71.1%
13
Indiana
4
2.0%
73.1%
14
Mississippi
4
2.0%
75.1%
15
Montana
4
2.0%
77.2%
16
Alabama
3
1.5%
78.7%
17
Arkansas
3
1.5%
80.2%
18
Kansas
3
1.5%
81.7%
19
Kentucky
3
1.5%
83.2%
20
Michigan
3
1.5%
84.8%
21
New York
3
1.5%
86.3%
22
Colorado
2
1.0%
87.3%
23
Florida
2
1.0%
88.3%
24
Hawaii
2
1.0%
89.3%
25
Iowa
2
1.0%
90.4%
26
Massachusetts
2
1.0%
91.4%
27
Minnesota
2
1.0%
92.4%
28
Missouri
2
1.0%
93.4%
29
Nevada
2
1.0%
94.4%
B^S

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Row
State
Establishments
% of Total
Establishments
Cumulative %
30
New Mexico
2
1.0%
95.4%
31
North Carolina
2
1.0%
96.4%
32
North Dakota
2
1.0%
97.5%
33
Delaware
1
0.5%
98.0%
34
Georgia
1
0.5%
98.5%
35
Tennessee
1
0.5%
99.0%
36
West Virginia
1
0.5%
99.5%
37
Wisconsin
1
0.5%
100.0%
38
Arizona
0
0.0%
100.0%
39
Connecticut
0
0.0%
100.0%
40
District of Columbia
0
0.0%
100.0%
41
Idaho
0
0.0%
100.0%
42
Maine
0
0.0%
100.0%
43
Maryland
0
0.0%
100.0%
44
Nebraska
0
0.0%
100.0%
45
New Hampshire
0
0.0%
100.0%
46
Oregon
0
0.0%
100.0%
47
Rhode Island
0
0.0%
100.0%
48
South Carolina
0
0.0%
100.0%
49
South Dakota
0
0.0%
100.0%
50
Vermont
0
0.0%
100.0%
51
Virginia
0
0.0%
100.0%
52
Total
197
100%

Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 324110, accessed July 27, 2018
at: https://www.census.gov/programs-survevs/cbp/data/tables.html.
Table 5, below, summarizes the geographic distribution of NACIS 324199 establishments in the United
States from the Census Bureau's 2016 County Business Patterns data.
Table 5. NAICS 324199 Establishments by State, 2016 U.S. Census County Business Patterns Data



% of Total

Row
State
Establishments
Establishments
Cumulative %
1
Pennsylvania
15
15.0%
15.0%
2
Texas
11
11.0%
26.0%
3
Louisiana
10
10.0%
36.0%
4
California
6
6.0%
42.0%
5
Illinois
6
6.0%
48.0%
6
Virginia
5
5.0%
53.0%
7
Colorado
4
4.0%
57.0%
8
Missouri
4
4.0%
61.0%
9
Alabama
3
3.0%
64.0%
10
Massachusetts
3
3.0%
67.0%
11
Michigan
3
3.0%
70.0%
12
Ohio
3
3.0%
73.0%
b-7

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Row
State
Establishments
% of Total
Establishments
Cumulative %
13
Connecticut
2
2.0%
75.0%
14
Florida
2
2.0%
77.0%
15
Georgia
2
2.0%
79.0%
16
Indiana
2
2.0%
81.0%
17
Kansas
2
2.0%
83.0%
18
Kentucky
2
2.0%
85.0%
19
Mississippi
2
2.0%
87.0%
20
Nevada
2
2.0%
89.0%
21
Oklahoma
2
2.0%
91.0%
22
South Carolina
2
2.0%
93.0%
23
Wisconsin
2
2.0%
95.0%
24
Idaho
1
1.0%
96.0%
25
Maryland
1
1.0%
97.0%
26
North Carolina
1
1.0%
98.0%
27
Utah
1
1.0%
99.0%
28
Wyoming
1
1.0%
100.0%
29
Alaska
0
0.0%
100.0%
30
Arizona
0
0.0%
100.0%
31
Arkansas
0
0.0%
100.0%
32
Delaware
0
0.0%
100.0%
33
District of Columbia
0
0.0%
100.0%
34
Hawaii
0
0.0%
100.0%
35
Iowa
0
0.0%
100.0%
36
Maine
0
0.0%
100.0%
37
Minnesota
0
0.0%
100.0%
38
Montana
0
0.0%
100.0%
39
Nebraska
0
0.0%
100.0%
40
New Hampshire
0
0.0%
100.0%
41
New Jersey
0
0.0%
100.0%
42
New Mexico
0
0.0%
100.0%
43
New York
0
0.0%
100.0%
44
North Dakota
0
0.0%
100.0%
45
Oregon
0
0.0%
100.0%
46
Rhode Island
0
0.0%
100.0%
47
South Dakota
0
0.0%
100.0%
48
Tennessee
0
0.0%
100.0%
49
Vermont
0
0.0%
100.0%
50
Washington
0
0.0%
100.0%
51
West Virginia
0
0.0%
100.0%
52
Total
100
100%

Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 324119, accessed July 27, 2018
at: https://www.census.gov/programs-survevs/cbp/data/tables.html.

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From a NAICS 324 perspective, EPA decided to include in its review of existing FR programs, eight States
with the most refineries that constitute greater than 50 percent of the refineries in the United States from
the ElA's Refinery Capacity Report data, as well as the three additional States that have the most number
of NAICS 324199 establishments that constitute greater than 50 percent of the NAICS 324199
establishments in the United States from the U.S. Census's County Business Patterns data. Together, those
11 States are: Texas, Louisiana, California, Alaska, Oklahoma, Utah, Washington, Wyoming, Pennsylvania,
Illinois, and Virginia.
NAICS 325: Chemical Manufacturing
Table 6, below, summarizes the geographic distribution of NAICS 325 establishments from the Census
Bureau's 2016 County Business Patterns data.
Table 6. NAICS 325 Establishments by State, 2016 U.S. Census County Business Patterns Data
Row
State
Establishments
% of Total
Establishments
Cumulative %
1
California
1657
12.3%
12.3%
2
Texas
1119
8.3%
20.6%
3
Illinois
685
5.1%
25.7%
4
Ohio
678
5.0%
30.7%
5
Florida
606
4.5%
35.2%
6
New Jersey
594
4.4%
39.6%
7
Pennsylvania
576
4.3%
43.9%
8
New York
568
4.2%
48.1%
9
Georgia
483
3.6%
51.7%
10
North Carolina
448
3.3%
55.0%
11
Michigan
381
2.8%
57.8%
12
Wisconsin
345
2.6%
60.4%
13
Massachusetts
335
2.5%
62.9%
14
Indiana
324
2.4%
65.3%
15
Missouri
310
2.3%
67.6%
16
Minnesota
268
2.0%
69.6%
17
Tennessee
253
1.9%
71.4%
18
Washington
251
1.9%
73.3%
19
South Carolina
245
1.8%
75.1%
20
Louisiana
235
1.7%
76.9%
21
Oregon
224
1.7%
78.5%
22
Colorado
212
1.6%
80.1%
23
Kentucky
194
1.4%
81.5%
24
Iowa
191
1.4%
83.0%
25
Alabama
190
1.4%
84.4%
26
Utah
173
1.3%
85.6%
27
Arizona
171
1.3%
86.9%
28
Virginia
165
1.2%
88.1%
29
Connecticut
162
1.2%
89.3%
30
Maryland
153
1.1%
90.5%
31
Kansas
140
1.0%
91.5%
B^9

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Row
State
Establishments
% of Total
Establishments
Cumulative %
32
Oklahoma
136
1.0%
92.5%
33
Arkansas
101
0.7%
93.3%
34
Mississippi
99
0.7%
94.0%
35
Nebraska
89
0.7%
94.7%
36
Nevada
84
0.6%
95.3%
37
West Virginia
79
0.6%
95.9%
38
New Hampshire
73
0.5%
96.4%
39
Idaho
65
0.5%
96.9%
40
Maine
57
0.4%
97.3%
41
Delaware
54
0.4%
97.7%
42
Rhode Island
53
0.4%
98.1%
43
New Mexico
50
0.4%
98.5%
44
Montana
40
0.3%
98.8%
45
South Dakota
40
0.3%
99.1%
46
Vermont
36
0.3%
99.3%
47
Wyoming
35
0.3%
99.6%
48
Hawaii
25
0.2%
99.8%
49
North Dakota
13
0.1%
99.9%
50
Alaska
10
0.1%
100.0%
51
District of Columbia
5
0.0%
100.0%
52
Total
13480
100%

Source: U.S. Census Bureau, 2016 County Business Patterns Data for NAICS 325, accessed July 27, 2018 at:
https://www.census.gov/programs-survevs/cbp/data/tables.html.
From a NAICS 325 perspective, EPA wanted to ensure it collected FR regulatory information from the nine
States with the most establishments that constitute over 50 percent of the total establishments in the
United States: California, Texas, Illinois, Ohio, Florida, New Jersey, Pennsylvania, New York, and Georgia.
EPA created a comprehensive list representing every State that appeared in a least one of the additional
classes industry lists. This list included 25 States and were the 25 States that were reviewed to identify
existing FR programs potentially applicable to one or more of the CERCLA 108(b) additional classes. The list
includes: Alaska, California, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan,
Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas,
Utah, Virginia, Washington, Wisconsin, and Wyoming.
B-10

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