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CERCLA 108(b) Financial Assurances Not Warranted

Posted By Mark Ellis, Monday, December 4, 2017

On December 1, EPA Administrator Scott Pruitt signed a Federal Register notice to inform the public of EPA’s decision not to issue final regulations imposing financial responsibility requirements on the hardrock mining industry.  EPA concluded that based on its interpretation of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund) and its analysis of the rulemaking record before it, based on its January 11, 2017 notice of proposed rulemaking, that any final regulations are not appropriate.

EPA analyzed the need for financial responsibility based on the risk of taxpayer-funded cleanups of hardrock mining facilities operating under modern management practices and modern environmental regulations.  The Agency concluded that the degree and duration of risk associated with the modern production, transportation, treatment, storage or disposal of hazardous substances by the hardrock mining industry does not present a level of risk of taxpayer-funded response actions that warrant imposition of financial responsibility requirements for this sector.

The CERCLA 108(b) rulemaking was IMA-NA’s highest regulatory priority this year.  The proposed rule had the potential to impose millions of dollars of unneeded financial responsibility requirements on individual industrial minerals facilities.  IMA-NA congratulates EPA on making the proper decision based on the statute and the rulemaking record before it.

A pre-publication version of the final action pending publication in the Federal Register is attached.


Download File (PDF)

Tags:  108(b)  CERCLA  EPA  final agency action  financial assurances  financial responsibility requirements  Superfund 

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