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US House Members send letter to the EPA Requesting EPA Scrap Proposed CERCLA Rule

Posted By Chris Greissing, Thursday, August 10, 2017
Updated: Thursday, August 10, 2017
Just prior to the U.S. House of Representatives adjourning for its summer recess, a letter from 42 Members of Congress was sent to U.S. EPA Administrator Scott Pruitt encouraging him to scrap the overly burdensome CERCLA § 108(b) proposal that originated in the Obama Administration.  The proposal would mandate Superfund Financial Responsibility Requirements under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry.  Section 108 (b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) gives the EPA authority to require certain classes of facilities to establish and maintain evidence of financial responsibility.  

The Industrial Minerals Association - North America, along with our industry colleagues, joined an effort led by the Congressional Western Caucus and its Chairman Paul Gosar (R-AZ) to encourage Members of Congress to sign on and support this letter to Administrator Pruitt.  The proposal has caused great concern to the mining industry as the costs associated with the proposal could be crippling to the industry.  

The EPA is currently under a court order to come to a resolution on this issue by December 1, 2017.  It is our hope that between this letter led by the Western Caucus, industry comments and other Congressional input, that the EPA will conclude that the rulemaking is duplicative and unnecessary, as there are already robust requirements in place at both the state and federal level.  

IMA-NA is encouraging EPA to choose the “no action” alternative provided to them in this case.  IMA-NA is very grateful to our allies in Congress who supported this effort in pushing back against this overly burdensome and duplicative proposal.

IMA-NA has filed both stand alone and coalition comments on this issue too.  Both are attached. 
To view the letter sent to EPA Administrator Pruitt, click here.

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