Document 6wzaYjmm0058QvE4gQZoLVNL3

Department o f f August 17, 2016 Ms. Anna Krueger Economist U.S. Environmental Protection Agency Headquarters Mail Code 5303P 1200 Pennsylvania Avenue, NW Washington, DC 20460 Submitted Via Email to: Krueger. Anna@epa.gov, M cC arthy.Gina@epa.gov, Sasseville.Sonya@epa.gov, Barr.Linda@epa.gov, Barbery.Andrea@epa.gov, Hanson.Andrew@epa.gov Re: Comments on CERCLA Section 108(b) Financial Responsibility' Dear Ms. Sasseville and Ms. Krueger, I am writing to endorse the comments submitted by the Interstate Mining Compact Commission (IMCC), the Western Governor's Association (WGA), and the Environmental Council of the States regarding the Environmental Protection Agency's (EPA) anticipated rulemaking to require financial assurance for hardrock mining under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). I endorse these comments on behalf of the Department of Natural Resources (DNR), as well as in consultation with and on behalf of the Department of Environmental Conservation (DEC). Both of these agencies currently exercise bonding authority over large mines proposing to operate in Alaska. Both DNR and DEC are concerned about preemption issues that may arise out of any bonding requirements that EPA may promulgate under CERCLA Sec. 108(b) [42 U.S.C. 9608(b)], Both state agencies also maintain the preemption concerns raised on their behalf in a letter sent to the EPA by Alaska Senior Assistant Attorney General Cameron Leonard on February 11, 2011 (letter attached). Sierra Club v. EPA 18cv3472 NDCA Tier 10 Attachment B Page 1 of 2 ED 002061 00172831-00001 Anna Krueger August 17. 2016 Page 2 of 2 Thank you for your consideration of these comments. If you have any questions, or would like to discuss our concerns, please contact me at 907-269-8431 or via email at Ed.Fogels@alaska.gov. Sincerely, Ed Fogels Deputy Commissioner Sierra Club v. EPA 18cv3472 NDCA Tier 10 Attachment B Page 2 of 2 ED 002061 00172831-00002