[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12333-12334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04007]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 320

[EPA-HQ-SFUND-2015-0781; FRL-FRL 9959-85-OLEM]
RIN 2050-AG61


Financial Responsibility Requirements Under CERCLA Sec.  108(b) 
for Classes of Facilities in the Hardrock Mining Industry; Extension of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the 
comment period for the proposed rule entitled

[[Page 12334]]

``Financial Responsibility Requirements under CERCLA Sec.  108(b) for 
Classes of Facilities in the Hardrock Mining Industry.'' That proposed 
rule was published on January 11, 2017, and the public comment period 
was scheduled to end on March 13, 2017. However, a number of parties 
have requested additional time to review the proposed rule and 
supporting information, and to develop and submit comments. Therefore, 
in response, EPA is extending the comment period an additional 120 
days, so that comments are now due on or before July 11, 2017.

DATES: Comments on the proposed rule must be received on or before July 
11, 2017.

ADDRESSES: Submit your comments on the proposed rule, identified by 
Docket ID No. EPA-HQ-SFUND-2015-0781, at http://www.regulations.gov. 
Follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For questions on the January 11, 2017, 
proposed rule or on this document, contact Barbara Foster, Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery, Mail code 5303P, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (703) 308-7057; email address: [email protected], or 
Michael Pease, Program Implementation and Information Division, Office 
of Resource Conservation and Recovery, Mail code 5303P, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (703) 308-0008; email address: [email protected].

SUPPLEMENTARY INFORMATION: On January 11, 2017, EPA published in the 
Federal Register proposed requirements under section 108(b) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) for demonstrating financial responsibility.\1\ The proposed 
rule would create a new part in the CERCLA regulations to require 
financial responsibility under CERCLA section 108(b), define 
requirements for demonstration of financial responsibility, define 
requirements for maintenance of financial responsibility instruments, 
and establish criteria for owners and operators to be released from 
financial responsibility requirements. In addition, the proposed rule 
would establish specific financial responsibility requirements 
applicable to certain classes of mines and associated mineral 
processing facilities within the hardrock mining industry.
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    \1\ See Financial Responsibility Requirements under CERCLA Sec.  
108(b) for Classes of Facilities in the Hardrock Mining Industry (82 
FR 3388, January 11, 2017).
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    The comment period for the proposed rule was scheduled to end on 
March 13, 2017. Since publication, EPA has received more than 60 
requests to extend that comment period to allow the public additional 
time to develop comments on the proposed rule. The requests were for 
extensions ranging from 60 days to 120 days, and came from members of 
Congress, mining companies, states, state groups, and trade 
associations. The requestors cited a number of reasons for needing an 
extended comment period including the size and complexity of the rule, 
and the amount of background information in the rulemaking docket.
    In addition to requests to extend the comment period, EPA also 
received a request to not extend it. This request came from several 
environmental groups concerned that the rule move forward without 
delay.
    EPA acknowledges that the proposed rule and supporting materials 
include a substantial amount of information, and that EPA's proposed 
section 108(b) requirements are novel. Those commenters who have 
requested an extension have provided information to EPA demonstrating 
that they need more time than the 60 days EPA originally allotted to 
evaluate EPA's proposal and supporting information and develop their 
comments. Thus, after considering these comments, EPA has decided to 
extend the comment period for 120 days. This document is the Agency's 
response to those persons who requested an extension of the comment 
period.
    As a result of this action, comments on the proposed rule must be 
submitted by July 11, 2017.

List of Subjects in 40 CFR Part 320

    Environmental protection, Financial responsibility, Hardrock 
mining, Hazardous substances.

    Dated: February 23, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
[FR Doc. 2017-04007 Filed 3-1-17; 8:45 am]
 BILLING CODE 6560-50-P