Restoring Regulatory Sanity: Upton and Bishop Request Information on EPA’s Financial Assurance Regulatory Program

Restoring Regulatory Sanity: Upton and Bishop Request Information on EPA’s Financial Assurance Regulatory Program

The following press release was published by the House Committee on Energy and Commerce on Aug. 9, 2016. It is reproduced in full below.

WASHINGTON, DC - Concerned with increased costs from unnecessary regulations, Energy and Commerce Committee Chairman Fred Upton (R-MI) and Natural Resources Committee Chairman Rob Bishop (R-UT) today sent a letter to EPA Administrator Gina McCarthy. The chairmen request that EPA provide both committees’ with documentation related to the formulation of EPA’s current model for creating a regulatory regime for financial assurance for the hard rock mining industry.

The members write, “Financial assurance is a critical component of any operation to ensure that cleanup, closure, and post-closure activities are carried out once productivity ceases. … Both Committees have direct interest in EPA’s consideration of regulations that may impact beneficial access to the natural resources of the United States, and the protection of the environment."

The committee leaders stressed their concerns with EPA not analyzing existing federal and state requirements and the potential for duplicative regulation, stating, “While we recognize the importance of financial assurance, we are concerned about whether EPA has adequately analyzed existing federal and state financial assurance requirements to evaluate properly the need for additional regulation. We are particularly troubled with the issue of preemption and whether the 108 (b) rule is duplicative of existing federal and state programs, and if additional regulation is needed, to be sure the new requirements are consistent with other financial assurance programs…"

In requesting documents, members outlined their concerns with increased costs on the mining industry, writing, “If the Agency fails to reduce the amount of the CERCLA financial assurance obligation to account for these programs, it will result in the unnecessary and duplicative imposition of many billions of dollars of financial assurance requirements on the mining industry."

Related Items

* Letter to EPA Administrator McCarthy on Hard Rock Mining, Risk Management, and Financial Assurance

Source: House Committee on Energy and Commerce