EPA's New Regulations and Initiatives Related to Hard Rock Mining

Mining, milling, and the disposal of mine wastes can result in human health and environmental impacts.   Even well-designed modern mines need to be carefully managed and regulated during the mine life, closure, and post-closure.  There are numerous federal laws that come into play at mining operations including:  the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), and Clean Air Act (CAA).  Permitting programs under the CWA, SDWA, and CAA can be delegated to States.  Despite these laws and their implementing regulations, gaps exist.  For example, large volume mining wastes, such as tailings and waste rock are not regulated under EPA’s solid and hazardous waste law, the Resource Conservation and Recovery Act (RCRA), due to an exemption in the Act.  Some States do regulate tailings and waste rock, but these laws are not consistent nationwide.     

EPA and States can take enforcement actions under the CWA, CAA, and SDWA to ensure compliance with environmental laws.  In addition, EPA and Federal Land Management Agencies can use authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, Superfund) to cleanup contamination from historic and modern mines.

 EPA is making a concerted effort to fill in some of the gaps that exist in current regulatory programs and to revise regulations or write guidance to ensure that our implementation of regulations for hardrock mining is more clear and effective.  In addition, EPA is more effectively using its existing regulatory tools at mining sites to ensure compliance and cleanup.  This presentation will provide a summary of these developments including:

• regulatory developments:  new regulations for mercury air emissions from gold ore processing facilities;  proposed financial responsibility regulations for the hardrock mining industry;  review of radon emission standards;  review of uranium and thorium milling regulations
• guidance development:  updated NEPA review guidance for hardrock mining Environmental Impact Statements;  Compliance Assistance Guide for the Mining and Mineral Processing Industry 
• initiatives:  Sitting Clean and Renewable Energy on Contaminated Mining Sites;  Mining Training for Tribes
• use of existing regulatory authorities, specific examples:   Bristol Bay watershed assessment;  EPA’s 404c actions on several coal mining permits to restrict filling waters of the U.S, integrating water and waste programs for watershed cleanup

EPA’s work on these regulations, guidance, and project decisions are guided by our Administrator’s goals which are to base decisions on sound science and transparency.