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Final Agency Action on CERCLA 108(b) Rulemaking

Posted By Mark Ellis, Wednesday, February 21, 2018
Updated: Wednesday, February 21, 2018

Through a Federal Register notice published today, EPA took final agency action on its rulemaking under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) with respect to the hardrock mining industry.  EPA decided not to issue final regulations because the agency determined that final regulations are not appropriate.  EPA analyzed the need for financial responsibility based on the risk of taxpayer funded cleanups at hardrock mining facilities under modern management practices and modern environmental regulations, i.e., the type of facilities to which financial responsibility regulations would apply.  EPA determined that the degree and duration of risk associated with modern production, transportation, treatment, storage or disposal of hazardous substances does not present a level of risk of taxpayer funded response actions that warrant imposition of financial responsibility requirements for this sector.  The several billion dollars in financial assurance estimated under the proposed rule at a cost of hundreds of millions of dollars would have severely impacted the mining industry in the U.S.  Today’s Federal Register notice is the agency’s final action on the proposed rule.  Environmental groups may challenge the agency’s final action, but given the broad discretion granted the EPA under the statute they will face an uphill battle.

A copy of the Federal Register notice is attached.

Download File (PDF)

Tags:  108(b)  CERCLA  EPA  hardrock mining  Superfund 

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