BILLINGS, Mont. – The Trump administration has delayed consideration of a proposal to require companies to prove they have the financial wherewithal to clean up polluted mining sites after a pushback from industry groups and Western-state Republicans.
Companies in the past have avoided cleanups of many mining sites by declaring bankruptcy. That prompted the Environmental Protection Agency under President Barack Obama to pursue changes that would prevent taxpayers from getting stuck with cleanup bills.
But newly sworn-in EPA Administrator Scott Pruitt directed his staff on Friday to delay consideration of the Obama-era proposal for four months, in order to gather more public comment. Pruitt was a frequent critic of the agency during his previous position as Oklahoma attorney general, suing the EPA numerous times.
Contaminated water from abandoned mine sites can flow into rivers and other waterways, harming aquatic life and threatening drinking water supplies.
Last year, an EPA cleanup team triggered a 3-million gallon spill of contaminated water Gold King Mine, tainting rivers in three states, including the Animas River.
Environmentalists said the delay signals Pruitt is aligning with mining companies when it comes to pollution.
“It appears the new EPA administrator is already favoring industry over public interest with this delay,” said Bonnie Gestring with the advocacy group Earthworks.
The delayed rule was unveiled late last year under a court order that requires it to be finalized in December 2017. The order came after environmental groups sued the government to enforce a long-ignored provision in the 1980 federal Superfund law.
Mining industry representatives contended the proposed changes were unnecessary and redundant because of other programs meant to prevent mines from becoming government cleanup liabilities.
“By extending this comment period, we are demonstrating that we are listening to miners, owners and operators all across America and to all parties interested in this important rule,” Pruitt said in a statement.
EPA officials said Friday they still intend to meet the court-ordered deadline.
The proposal would apply to hard-rock mining, which includes mines for precious metals, copper, iron, lead and other ores. It would cover thousands of mines and processing facilities in 38 states, requiring their owners to set aside sufficient money to pay for future clean ups.
From 2010 to 2014, the EPA spent $1.1 billion on cleanup work at abandoned hard-rock mining and processing sites across the U.S.
Companies would face a combined $7.1 billion financial obligation under the proposed rule, costing them up to $171 million annually, according to the EPA. The agency said the amount could be covered through third parties such as surety bonds or self-insured corporate guarantees.
Republican U.S. Sens. John Barrasso of Wyoming and Dean Heller of Nevada welcomed Friday’s delay. Barrasso has said the benefits of the proposal were dwarfed by its potential costs to industry. Heller criticized the previous administration for having been “too quick to hand down harsh regulations and rules without considering the impact.”
