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EPA/OLEM RIN: 2050-AG61 Publication ID: Fall 2016 
Title: Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hardrock Mining Industry 
Abstract:

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. The agency has identified classes of facilities within the hardrock mining industry as those for which financial responsibility requirements will be first developed. The EPA intends to include requirements for financial responsibility, as well as notification and implementation.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 320   
Legal Authority: 42 U.S.C. 9601 et seq.    42 U.S.C. 9608 (b)   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Notice of proposed rulemaking  12/01/2016 

Statement of Need: EPA's 108(b) rules will address the degree and duration of risks associated with aspects of hazardous substance management at hardrock mining and mineral processing facilities. These regulations will help ensure that businesses make financial arrangements to address risks from hazardous substances at their sites, and encourage businesses to improve their management of hazardous substances.

Summary of the Legal Basis: Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain regulatory authorities concerning financial responsibility requirements. Specifically, the statutory language addresses the promulgation of regulations that require classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.

Alternatives: The EPA is considering proposing for comment alternatives for allowable types of financial instruments.

Anticipated Costs and Benefits: The EPA expects that the primary costs of the rule will be the costs to facilities for procuring required financial instruments. The EPA also expects to incur administrative and oversight costs. These regulations will help ensure that businesses make financial arrangements to address risks from hazardous substances at their sites, and encourage businesses to improve their management of hazardous substances.

Risks: EPA's 108(b) rules are intended to address the risks associated with the production, transportation, treatment, storage or disposal of hazardous substances at hardrock mining and mineral processing facilities.

Timetable:
Action Date FR Cite
Notice  07/28/2009  74 FR 37213   
NPRM  12/00/2016 
Final Rule  12/00/2017 
Additional Information: Docket #:EPA-HQ-SFUND-2015-0781. Split from RIN 2050-AG56.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/superfund/superfund-financial-responsibility   Public Comment URL: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-SFUND-2009-0265-0001  
Sectors Affected: 212 Mining (except Oil and Gas); 331 Primary Metal Manufacturing 
RIN Data Printed in the FR: Yes 
Agency Contact:
Barbara Foster
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304P,
Washington, DC 20460
Phone:703 308-7057
Email: foster.barbara@epa.gov

Scott Palmer
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5305P,
Washington, DC 20460
Phone:703 308-8621
Email: palmer.scott@epa.gov