Multi-Association Comments to EPA on Proposed Financial Responsibility Requirements under CERCLA 108(b) for the Hardrock Mining Industry

To:

Barbara Foster and Michael Pease

Program Implementation and Information Division

Office of Resource Conservation and Recovery

Mail Code 5303P

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Washington, Dc 20460

Re:Comments on Proposed Rule, Financial Responsibility Requirements under CERCLA §108(b) for Classes of Facilities in the Hardrock Mining Industry, 82 Fed. Reg. 3388 (Jan. 11, 2017)

Introduction

These comments are submitted on behalf of the American Chemistry Council, American Fuel & Petrochemical Manufacturers, American Iron & Steel Institute, Cement Kiln Recycling Coalition, Industrial Minerals Association – North America, National Association of Manufacturers, National Mining Association, North American Metals Council, Portland Cement Association, Superfund Settlements Project, The Fertilizer Institute, and U.S. Chamber of Commerce. This coalition formed due to common concerns related to the Proposed Rule, Financial Responsibility Requirements under CERCLA §108(b) for Classes of Facilities in the Hardrock Mining Industry, 82 Fed. Reg. 3388 (Jan. 11, 2017) (the “Proposed Rule”). Collectively these organizations represent more than 3 million businesses spanning all sizes, sectors and regions of the country.

Having reviewed the Proposed Rule and EPA’s associated justification and explanation, the coalition members share very deep concerns with EPA’s proposal and regulatory approach. The flaws in EPA’s approach, discussed in more detail below, are of concern not only to those parties engaged in the hardrock mining and mineral processing (“HRM”) sector but also to those engaged in other industrial sectors because the flaws are illustrative of the additional failures that will follow if EPA stands by its current proposal and then applies the approach to other sectors down the road...