Monday, May 17, 2010

CERCLA Financial Responsibly For Mining Industry

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 establishes certain authorities concerning financial responsibility requirements. U.S. EPA is currently developing a proposed rule to establish financial responsibly requirements for the hard rock mining sector. EPA has already identified classes of hard rock mining facilities for which financial responsibility requirements will be first developed. In 2009, EPA identified classes of facilities within the Hardrock Mining industry as its priority for the development of financial responsibility requirements under CERCLA Section 108(b). In that notice, “hardrock mining” was defined as the extraction, beneficiation, or processing of metals (e.g., copper, gold, iron, lead, magnesium, molybdenum, silver, uranium, and zinc) and non-metallic, non-fuel minerals (e.g., asbestos, phosphate rock, and sulfur).

The proposed rule will establish requirements for financial responsibility, as well as notification and implementation requirements. EPA currently estimates that the proposed rule will be published in April 2011.

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