Western Governors applaud decision on financial assurance requirements for CERCLA


The Environmental Protection Agency (EPA) has decided not to issue a final rule on financial assurance requirements for hardrock mining pursuant to Section 108(b) of the Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA). Read EPA’s decision.

Western Governors had submitted comments on the proposed rule, urging EPA to determine that it should never have identified classes of facilities within the hardrock mining industry for CERCLA 108(b) financial assurance regulation. Read, download the comments.

“States have developed comprehensive financial responsibility programs for hardrock mining in the 30 years since the passage of CERCLA 108(b),” said Jim Ogsbury, Executive Director of the Western Governors’ Association. “These programs require operators to comply with state regulations, implement reclamation and post-closure plans, and post financial assurance to minimize risks to public health and the environment.  Western Governors appreciate EPA’s decision regarding its proposed financial assurance requirements under CERCLA 108(b), which would have duplicated or supplanted existing and proven state financial assurance regulations.” 

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