Western Governors have expressed concerns about the Environmental Protection Agency’s (EPA) proposed rule “Financial Responsibility Requirements Under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry" that note the proposed rule could duplicate or potentially preempt state requirements.
The comments sent on June 30, 2017 to EPA Administrator Scott Pruitt also recommend that "If EPA instead determines that it will move forward with a CERCLA 108(b) rule for hardrock mining, Western Governors request that EPA rewrite the Proposed Rule, which is the flawed product of a process devoid of meaningful state-federal consultation."
The Governors underlined their interest in the proposed rule by noting that the “minerals mining industry is an important component to both local and national economies. Reliable supplies of minerals and metals play a critical role in meeting our economic and national security needs. Western states account for 75 percent of our nation’s mineral production.”