Citing concerns about the increasing costs of hard rock mining regulations, U.S. Reps. Fred Upton (R-MI) and Rob Bishop (R-UT) requested information on Tuesday about the EPA’s financial assurance regulatory program.
Upton, the chairman of the House Energy and Commerce Committee, and Bishop, the chairman of the House Natural Resources Committee, made the request in a letter to EPA Administrator Gina McCarthy.
The lawmakers requested documentation about the formulation of the EPA’s current model for establishing a regulatory regime for financial assurances to the hard rock mining industry.
“Financial assurance is a critical component of any operation to ensure that cleanup, closure and post-closure activities are carried out once productivity ceases,” Upton and Bishop wrote. “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.”
Upton and Bishop voiced concern in the letter that the EPA may not be analyzing existing federal and state requirements to eliminate the potential for duplicative regulations.
“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,” Upton and Bishop wrote. “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.”