EPA ISSUES JOB KILLING RULE

FOR IMMEDIATE RELEASE: DECEMBER 2, 2016

EPA ISSUES JOB KILLING RULE

EPA CERCLA Financial Assurance Rule Ignores States and Small Business

Today, the U.S. Environmental Protection Agency (EPA) released its deeply flawed proposed financial assurance rule that duplicates and overlaps the current effective federal and state hardrock mining financial assurance programs and threatens to preempt state programs.

The EPA has repeatedly refused to provide those most impacted by a CERCLA financial assurance rule vital information on the proposed rule’s modeling, information sources and formula despite repeated requests during the small business review process. Such information is essential to understand a rule that could have devastating effects on America’s mining industry. Rather, in the waning days of this administration, a deeply flawed proposed rule was rushed out the door.

The Bureau of Land Management, US Forest Service and individual states currently hold billions of dollars in financial assurance covering all of what EPA is proposing to cover in this duplicative rule. Western Governors Association and the Interstate Mining Compact Commission have both issued objections to the rule as have members of Congress and Native American corporations.

“This proposed rule serves no purpose other than to stop investment in America’s mineral supply chain and drive jobs away,” said Laura Skaer, AEMA Executive Director. “It provides no discernable environmental benefit, while adding hundreds of millions of dollars of costs and regulatory compliance burdens on industry. The most judicious thing for EPA to do is listen to the experts and their own federal family and end this economic disaster.”

 AEMA has been working with “pro-jobs” members of Congress and will work with the new administration to rescind this action. In addition, AEMA was a leading participant in the Small Business Advocacy Review (SBAR) Panel as a Small Entity Representative (SER). The SBAR panel is set to release its report in conjunction with EPA’s proposed rule.

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DOWNLOADABLE PDF AVAILABLE HERE: 12-2-2016-cercla-job-killing-rule-aema