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Small Entities and Rulemaking

Potential SBAR Panel: CERCLA 108(b) Hard Rock Mining Financial Assurance Proposed Rule

About the Rule

What is the Implication of the CERCLA 108(b) Hardrock Mining Financial Assurance Proposed Rule on Small Entities?

Financial responsibility requirements help ensure that owners and operators of these facilities, and not taxpayers, pay for environmental cleanup. These requirements will be developed under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act, commonly called "Superfund."

In an earlier Federal Register notice, EPA identified classes of facilities within the hardrock mining industry as those for which EPA will first develop financial responsibility requirements under section 108(b). In the notice, EPA defined hard rock mining as the extraction, beneficiation or processing of metals and non-metallic, non-fuel minerals.

How Can I Learn More?

While the opportunity to participate on this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register.

Additional information about the CERCLA 108(b) Hardrock Mining Financial Assurance Proposed Rule is updated and available on EPA's Superfund Financial Responsibility page. Also, monthly updates about the rulemaking are available on the rule's profile page on EPA's Regulatory Development and Retrospective Review Tracker. From this page, you can determine when the NPRM will publish and, thus, when you will have an opportunity to comment on the rulemaking.

Semiannual updates about the development status of the rulemaking are available on:

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