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Rare Earth Elements: A Review of Production, Processing ...

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<strong>Rare</strong> <strong>Earth</strong> <strong>Elements</strong> <strong>Review</strong> Section 3 – Life-Cycle Stages <strong>of</strong> <strong>Rare</strong> <strong>Earth</strong> <strong>Elements</strong> Mines<br />

The typical time frame for a mine project from prospecting (i.e., initial exploration) through construction<br />

<strong>of</strong> the mine was generalized by EPA Region 10 and is presented in Figure 3-2, below (U.S. EPA, 2011b).<br />

Figure 3-2. Typical time frame for a mine project.<br />

There are numerous factors that affect the time required for mine development. Some examples might<br />

include the location <strong>of</strong> the mine (e.g., federal lands, state lands, or private lands and greenfields versus<br />

brownfields); geologic complexity <strong>of</strong> the site; metallurgical complexity <strong>of</strong> ore; level <strong>of</strong> stakeholder<br />

involvement; availability <strong>of</strong> required infrastructure; and experience <strong>of</strong> regulatory authorities with mine<br />

type and area where deposit is located.<br />

Financial Assurance Requirements<br />

Mining companies must also provide for financial assurance that the mine site will be restored to a<br />

condition that does not represent a risk to the environment or human health. The federal Superfund law,<br />

also known as the CERCLA, contains a provision that requires EPA to establish financial assurance<br />

requirements for facilities that produce, treat, store, or dispose <strong>of</strong> hazardous substances. Under CERCLA,<br />

a wide range <strong>of</strong> elements, compounds, and waste streams are specifically designated as “hazardous<br />

substances” in Title 40 <strong>of</strong> the Code <strong>of</strong> Federal Regulations, Section 302.4. Many states have established<br />

financial assurance requirements that are in place; however, the CERCLA 108(b) financial assurance<br />

regulation for hardrock mining currently implements section 108(b) <strong>of</strong> CERCLA (42 U.S.C. 9608(b)(1)),<br />

which directs the President to promulgate requirements that<br />

“…classes <strong>of</strong> facilities establish and maintain evidence <strong>of</strong> financial responsibility<br />

consistent with the degree and duration <strong>of</strong> risk associated with the production…<br />

treatment, storage, or disposal <strong>of</strong> hazardous substances.”<br />

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