RICK SNYDER
GOVERNOR
St a t e of M ic h ig a n
DEPARTMENT OF ENVIRONMENTAL QUALITY
L an sin g
Pern
C, HEIDI GRETHER
DIRECTOR
July 11, 2017
The Honorable Scott Pruitt, Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Ave, NW Washington, D.C, 20400
Dear Mr. Pruitt:
SUBJECT: Comments on proposed rule under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 108(b) for Pacilities in the Hardrock Mining Industry
On behalf of the Michigan Department of Environmental Quality's (MDEG), Oil, Gas, and Minerals Division (OGMD), I am writing to express concerns regarding the United States Environmental Protection Agency's (U,S. EPA) proposed rule, Financial Requirements Under CERCLA Section 103(b) of Facilities in the Hardrock Mining industry, published in the Federal Register January 11, 2017, Michigan was not consulted in, or informed of, the development of U.S. ERA'S proposed rule: however, we appreciate the opportunity to comment at this stage of the process,
The MDEG agrees that owner and operators of hardrock mining facilities should have sufficient financial assurance to cover future possible cleanup and restoration under CERCLA requirements. However, the MDEQ has concerns over the proposed rule for several reasons, and we recommend that the U.S, EPA reconsider the proposed rule provisions.
The proposed rule does not provide for site-specific or sector-specific considerations, A "one- size-fits-aii" approach is not appropriate, Michigan has a long history of properly regulating mines, recognizing the unique nature of not just hard rock mining, but individual mines. For example, the risk at iron mines, regardless of size, is quite low relative to other mines or industrial facilities. There are hundreds of iron mines in Michigan that were reclaimed even before modern environmental regulations that have very little negative environmental impact. Former mining properties are now used for recreational purposes and nature preserves, and some former workings are even used as sources of drinking water for communities.
It appears the proposed rule is based at least in large part on the U.S. ERA'S experience with legacy mine problems-- i.e., environmental impacts that arose form mining practices that are no longer used nor allowed under current statues and rules. The proposed rule does not adequately take into account the modern statutory and regulatory requirements that many mining states, including Michigan, have In piece. The MDEQ has developed comprehensive rules and policies designed to prevent environmental problems in the hard rock mining industry. Each mine is comprehensively regulated under applicable permitting and monitoring programs,
CONSTITUTION HALL * 525 W EST ALLEGAN STREET * P.O, BOX 30473 * LANSING. MICHIGAN 48808-7973 www.miehigan.gov/ileq * (800) 882-8278
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These include delegated federal programs under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act; and state-level programs under Michigan's inland lakes and streams, wetlands, and mining and reclamation statutes. Michigan's mining statutes and rules incorporate requirements for financial assurance, protective mining practices, proven engineering controls, and reclamation to reduce the degree and duration of risk. Under those statutes, MDRQ staff has authority to increase the amount of financial assurance based on changes to mine plans, geology, hydrology, geochemistry, and waste characteristics. S taf monitor and inspect mining operations on a regular basis to assure compliance, Michigan's financial assurance provisions allow for a site-specific application to address the unique circumstances associated with each individual mine, and Michigan has expert staff that enforce them, No mine sites that are subject to Michigan's modem mining iaws have required a CERCLA response,
The MDEQ urges the U.S. RPA to review the proposed rule action in light of the above considerations. It is our belief that most, if not all, states with significant mining activity have adequate provisions to address financial assurance for hardrock mines, and U.S. ERA rules should not preempt or duplicate state requirements. The MDEQ does not believe that additional financial assurance is necessary or justified for hardrock mines in Michigan. To the extent that is true for other states, the U.S. ERA should take a "no action needed" approach. In the alternative, U.S. ERA should coordinate and cooperate with states to address any perceived gaps in financial assurance.
The MDEQ welcomes any opportunity to collaborate with U.S. ERA and other states to engage further on this issue, please contact me at 517-284-8823; fitchh@michigan.gov; or at MDRQ, QGMD, P.O. Box 30256, Lansing, Michigan 48909-7756.
Sincerely,
Harold R. Fitch, State Geologist and Division Director
Oii, Gas, and Minerals Division Michigan Department of Environmental Qualify S17-284-8823
cc: Ms, C. Heidi Grether, Director Ms. Amy Epkey, Environment Deputy Director Mr. Michael McClellan, Environment Deputy Director's Chief of Staff Ms. Lynn Fiedler, MDEQ Ms. Teresa Seidel, MDEQ
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