Dear Ms. Mooney: We, the undersigned organizations, submit these comments to the U.S. Environmental Protection Agency (“EPA” or “Agency”) in support of the proposed rule, “Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Electric Power Generation, Transmission, and Distribution Industry.”1
Our members have a substantial and direct interest in the outcome of this rulemaking. Some of our members own and operate facilities in the electric power generation, transmission and distribution industry; others provide the fuel, equipment, and materials needed to run those facilities; and many other members are consumers of the electricity produced. As such, it is important that EPA does not impose duplicative and unnecessary financial responsibility requirements on this industry sector. Our members also have a vested interest in EPA’s process for evaluating risk when deciding whether to promulgate regulations for any industry sector under section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Superfund”).2