Concerned with increased costs from unnecessary regulations, Committee on Natural Resources Chairman Rob Bishop (R-UT) and Energy and Commerce Committee Chairman Fred Upton (R-MI) today sent a letter to EPA Administrator Gina McCarthy. The chairmen request that EPA provide both committees with documentation related to the formulation of EPA’s current model in creating a financial assurance regulatory regime for the hard rock mining industry.

The Members write, “Financial assurance is a critical component of any operation to ensure that cleanup, closure, and post-closure activities are carried out once productivity ceases. [… ] Both Committees have a 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.”

The two committee leaders stressed their concerns with EPA’s failure to analyze existing federal and state requirements and the potential for duplicative regulation, stating, we understand “that the Bureau of Land Management, the U.S. Forest Service, and the majority of western states continue to raise concerns regarding duplication and preemption. Consequently, 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. We are particularly troubled with the issue of preemption and whether the 108 (b) rule is duplicative of existing federal and state programs…”

In requesting documents, Bishop and Upton outlined their concerns with increased costs on the mining industry, writing, “If the Agency fails to reduce the amount of the CERCLA financial assurance obligation to account for these programs, it will result in the unnecessary and duplicative imposition of many billions of dollars of financial assurance requirements on the mining industry.”

The Committee on Natural Resources holds jurisdiction over laws that impact the hard rock mining industry and the Committees on Energy and Commerce holds jurisdiction over CERCLA.