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>>> <Lesser.Ben@epamail.epa.gov> 1/11/2010 3:39 PM >>> 

Good afternoon, Cherie: 

I understand you to ask: 

1) Do you have any documents that identify the current costs faced by those entities 

that are already required to obtain financial assurance (due to state or other requirements) 

and/or information on how the amount necessary to demonstrate adequate financial 

assurance would be determined? 

2) Could co-generation facilities be subjected to these [financial assurance] 

requirements or would one likely need to make the case as to why they should not be 

listed as a class subject to such requirements? 

3) Would financial assurance requirements apply to existing sites or only to new 

construction? From my read of the ANPRM, I am under the impression that it would 

apply to both existing and new sites. 

Our responses are: 

1) No, we do not, but we will be investigating such costs. If EPSA can provide 

information in this regard within the currently open ANPRM comment period, that 

would be helpful. 

2) At present, all facilities included within the three-digit NAICS named in the 

ANPRM are potentially subject to financial responsibility requirements. However, 

before proposing a rule, EPA will investigate various sector segments to determine 

whether they merit such requirements. Any information EPSA wishes to furnish in this 

regard will be carefully considered. 

3) The policy decision as to the parameters of a proposed rule, including applicability, 

have not been finalized. However, existing sites are certainly within the bounds of what 

we are considering. EPA welcomes EPSA's comments in this regard, as well. 

With regards, 

Ben 

Ben Lesser 

Program Implementation and Information Division 

Office of Resource Conservation and Recovery 

U.S. Environmental Protection Agency 

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From: "Cherie Harris" <charris@epsa.org> 

To: Barbara Foster/DC/USEPA/US@EPA, Ben Lesser/DC/USEPA/US@EPA 

Date: 01/08/2010 03:34 PM 

Subject: Financial Assurance Questions 

| 

Good Afternoon Barbara and Ben, 

I had several questions about the ANPRM with respect to the electric power generation 

sector and potential financial assurance requirements. First, do you all have any 

documents that identify the current costs faced by those entities that are already required 

to obtain financial assurance (due to state or other requirements) and/or information on 

how the amount necessary to demonstrate adequate financial assurance would be 

determined? Could co-generation facilities be subjected to these requirements or would 

one likely need to make the case as to why they should not be listed as a class subject to 

such requirements? Lastly, would financial assurance requirements apply to existing 

sites or only to new construction? From my read of the ANPRM, I am under the 

impression that it would apply to both existing and new sites. 

Thank you in advance for your consideration and I look forward to hearing from you 

soon. 

Kind regards, 

Cherie 

Cherie C. Harris 

Director, Legislative Affairs 

Electric Power Supply Association (EPSA) 

www.epsa.org