On July 10, 2009 the EPA identified hard rock mining as the first new class of facilities for which EPA will develop financial assurance regulations under CERCLA Section 108(b). Hard rock mining includes facilities that extract, beneficiate or process metals (e.g., copper, gold, iron, lead, magnesium, molybdenum, silver, uranium, and zinc)and non-metallic, non-fuel minerals (e.g., asbestos, gypsum, phosphate rock, and sulfur). Additional classes of facilities that EPA intends to examine by the end of 2009 for inclusion are: hazardous waste generators, hazardous waste recyclers, metal finishers, wood treatment facilities, and chemical manufacturers. Additional details on EPA’s reg development effort can be found HERE.
Final regulations are supposed to follow in 2 years with implementation dates not later than 2 years thereafter. Requirements are driven by a February 25, 2009 court order (see .pdf) arising from the case Sierra Club v. Johnson (ND California, Case No. C 08-01409 WHA).