Regulatory Development and Retrospective Review Tracker

Financial Responsibility Requirements under CERCLA Section 108(b) for Classes of Facilities in the Hardrock Mining Industry

a.k.a. CERCLA Section 108(b) - Hardrock Mining

RIN: 2050-AG61 (What's this?)

Docket No.: EPA-HQ-SFUND-2015-0781 (What's this?)

Current Phase: Proposal (What's this?)

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. The agency has identified classes of facilities within the hardrock mining industry as those for which financial responsibility requirements will be first developed.

The EPA intends to include requirements for financial responsibility, as well as notification and implementation.

NPRM: Sent to OMB for Regulatory Review10/06/2016
NPRM: Received by OMB10/07/2016
NPRM: Regulatory Review Concluded12/01/2016
NPRM: Comment Period Open01/11/2017
NPRM: Published in FR01/11/2017
NPRM: Comment Period Extension Published in FR03/02/2017
NPRM: Comment Period Closed03/13/2017
NPRM: Comment Period Closed with Extension07/11/2017
Final Rule: Sent to OMB for Regulatory Review11/01/2017
Final Rule: Received by OMB11/02/2017
Final Rule: Published in FR12/2017 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to affect the availability of information to vulnerable populations.

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses
  • Likely to have a significant adverse economic impact on a substantial number of these small entities:
    • small businesses

Unfunded Mandates
This action may place unfunded mandates on the private sector and is subject to Section 202 of the Unfunded Mandates Reform Act.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 320

Legal Authority
42 U.S.C. 9601 et seq.;42 U.S.C. 9608 (b)