Senate Engrossed

State of Arizona Senate Fifty-third Legislature First Regular Session 2017

SENATE CONCURRENT MEMORIAL 1005

 

A CONCURRENT MEMORIAL

 

Urging the united states environmental protection agency to extend the comment period for and revise docket number epa-hq-sfund-2015-0781.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the President of the United States, the Congress of the United States and the Administrator of the United States Environmental Protection Agency:

Your memorialist respectfully represents:

Whereas, on January 11, 2017, the United States Environmental Protection Agency (EPA) proposed a rule imposing new financial assurance requirements on the hardrock mining industry (EPA-HQ-SFUND-2015-0781) pursuant to section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and

Whereas, the EPA has given an unreasonably short amount of time of 60 days for formal comments on this very complicated proposed rule that cross‑references over 100,000 pages of supporting documents; and

Whereas, the proposed rule would overlap with existing state and federal financial assurance programs for hardrock mining, including the State of Arizona's Aquifer Protection Permit Program and Mined Land Reclamation Program; and

Whereas, the State of Arizona and federal land management agencies have developed the staff and expertise necessary to calculate the appropriate amount of financial assurance, based on the unique circumstances of each mining operation, and the EPA does not have these resources; and

Whereas, on January 11, 2017, the EPA published the notice of intent to start the process for determining whether facilities or classes of facilities in the chemical manufacturing industry, the petroleum and coal products manufacturing industry and the electric power generation, transmission and distribution industry should be regulated pursuant to CERCLA section 108(b); and

Whereas, these industries also need to review the portions of the proposed rule that could potentially apply to them in the future; and

Whereas, the United States Small Business Administration Office of Advocacy stated in a letter to the EPA Administrator dated January 19, 2017 that "[t]he proposed rule would impose costly requirements on hard rock mines owned by small firms, without evidence that a problem exists warranting intervention"; and

Whereas, the United States Small Business Administration Office of Advocacy further stated it "strongly recommends the EPA withdraw this ill‑advised proposal"; and

Whereas, the bipartisan Western Governors Association affirms in its Policy Resolution 2017-06 that "Western Governors believe that states currently have financial responsibility programs in place that are working well, and that functional programs should not be duplicated or pre-empted by any program developed by EPA pursuant to section 108(b) of CERCLA"; and

Whereas, the Interstate Mining Compact Commission, composed of state mining regulatory agencies, "[a]ffirms that the states have a proven track record in regulating mine reclamation, having developed appropriate statutory and regulatory controls and dedicated resources and staff to ensure full and effective implementation of their regulatory programs"; and

Whereas, the Interstate Mining Compact Commission "[b]elieves that the states currently have financial responsibility programs in place that are working well and as such should stand in-lieu of federal requirements under section 108(b) of CERCLA."

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1.  That the United States Environmental Protection Agency, as a first step, extend the comment period for at least an additional 120 days to ensure that the State of Arizona and industries in Arizona have sufficient time to determine the impact of the proposed rule through careful evaluation.

2.  That the United States Environmental Protection Agency seriously consider the concerns expressed by the United States Small Business Administration Office of Advocacy, the Western Governors Association and the Interstate Mining Compact Commission.

3.  That the United States Environmental Protection Agency confer with regulators in the State of Arizona and in federal land management agencies to evaluate whether existing state or federal financial assurance regulatory programs reasonably address CERCLA risks.

4.  That the United States Environmental Protection Agency withdraw the proposed rule and start over with the objective of deferring regulation under CERCLA section 108(b) to existing state and federal programs.

5.  That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each Member of Congress from Arizona, the Administrator of the EPA and the Governor of the State of Arizona.