EPA Proposes Financial Responsibility Requirements For Hardrock Mining Industry

Amy L. Edwards is a partner and Aaron S. Heishmanis an associate at the Washington DC office

The Proposed Rule Could Set a Precedent for Other Industries and Directly Impact Financial Institutions

HIGHLIGHTS:

• The U.S. Environmental Protection Agency (EPA) has issued a pre-publication version of a proposed rule to require hardrock mining facilities to demonstrate their financial ability to clean up releases of hazardous substances. EPA will formally publish the proposed rule in the coming weeks.
• The proposed rule will apply to approximately 221 facilities nationwide that extract, beneficiate and process metals (such as copper, gold, iron and uranium) or non-metallic, non-fuel minerals (such as asbestos, sulfur and phosphate rock). The rule will not apply to coal mines, former operations, or many hardrock operations that extract or process non-fuel commodities such as granite, marble or lime.