EPA action on hard rock mining, possibly other industries, to be determined soon

February 17th, 2016 by Dakota Software Staff Industry News

Businesses involved in hard rock mining - and eventually three other industries that handle hazardous material - will have to pay close attention as the Environmental Protection Agency (EPA) prepares to issue a new set of related regulations. The first set, for hard rock mining, will be issued by the end of 2016 and finalized in 2017.

Potential rules for other industries, including chemical manufacturing, coal and petroleum manufacturing and electric power generation and transmission, follow a longer timeline. The EPA will determine if it will set new rules for those industries by the end of 2016, but development, discussion and implementation will occur between 2019 and 2024. All of the rules apply to the environmental cleanup of work sites and the remediation of problems caused by industrial activity in the local area.

For hard rock mining
The set of EPA rules that will most quickly go into effect won't directly affect the operation of a mine while its open, as the regulations apply to the cleanup processes used once all value is extracted from such mines and are shut down. However, the new environmental regulations require a significant financial commitment from mining companies engaged in such work. This change could significantly alter how hard rock miners determine profitability and select sites for future work.

Court ruling involved in new regulations
Hard rock mining has long been regulated by some states, with state environmental agencies requiring businesses to post significant bonds ahead of beginning actual work. Those bonds provide two layers of protection for states, ensuring active companies and organizations that go out of business will pay for site cleanup including mediation issues caused by mining. A ruling from the U.S. Court of Appeals for the District of Columbia required the EPA to decide if it would issue regulations related to hard rock mining, according to The Montana Standard. It's worth noting the specific language - the EPA wasn't required to develop new rules, only forced to make a decision about doing so.

"[The] EPA is developing a proposed regulation for financial responsibility for certain hard rock mines and mineral processing facilities," an EPA spokesperson told The Standard via email. "EPA is proceeding to issue the hard rock mining proposal and its determination on the other sectors by Dec. 1, 2016, in accordance with the schedule in the [federal court's] order."

Environmentalists file suit based on old regulations
Hard rock mining, along with the other three industries that may eventually have to contend with new financial requirements, will face these regulations due to legal challenges from environmentalists. Groups including the Sierra Club and the Idaho Conservation League filed suit in 2008, according to The Standard, in an effort to force the EPA to follow what they believed was required under the Comprehensive Environmental Response, Compensation and Liability Act, as highlighted by The Huffington Post. The groups believed the EPA had to develop rules for businesses that handle hazardous materials to ensure they have the financial capability to pay for any incidents or accidents that occur. The environmental groups brought the suit against the agency because they believed it had stalled when pressured to craft regulations in the past.

To keep pace with major and minor changes in terms of environmental regulations, workplace health and safety and other EHS concerns, businesses must consider the many advantages EHS management software provides. With such a platform in place, companies can be confident in their ability to navigate changing, complex regulations and remain on the right side of those rules at all times.