Analysis: Rio Tinto’s Permit Modifications

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By Cynthia Pryor

The main and substantive issue, in the new Air Quality permit application for the Rio Tinto Eagle Mine, is Rio Tinto’s assertions that an air emission control is not required for the Main Air Raise Vent (MVAR). The MVAR is a stack that is 128″ (10.6′) in diameter and 65′ high and is the only vent for all the underground workings for the mine. The emissions will include all those items associated with the development and retrieval of the ore body including blasting, ore handling, truck traffic, diesel fuels, large mine heaters, etc. Rio’s original Air Quality Permit was approved with the inclusion of a Bag House and air filter on this MVAR stack – that would capture 99% of all emissions which would include reactive sulfides resident in and broken loose from this ultramafic massive sulfide ore body.

Rio Tinto has reconfigured their plant so that they have moved the original underground cement batch plant and associated material silos (aggregate, cement) to the surface near Eagle Rock. They say there will be no crushing underground and an ore pass system will not be utilized – therefore reducing sulfide dust and emissions to such a low level that a bag house would no longer be required. In fact they say that a bag house would not even function properly – the emissions are so low. They will instead control all underground dust with water spray from a tank truck and and a hose.

All of Rio’s assumptions are based on modeling programs, heater systems whose emissions are exempt from regulation, and the assertion that will be able to control all dust with water spray from a hose. The DEQ does not require them to have controls on this huge MVAR stack, even though there will be controls on every other emission source at the mine, including an emergency generator. The DEQ does not require any air quality monitoring of the site or of this stack. Emission testing of the stack will only take place when Rio Tinto is producing 1,660 tons of ore a day. The DEQ will not require any emission testing during the blasting of adits or production of ore under this tonnage rate. Sulfide, heavy metals, blasting emissions, fuel emissions, etc. will be free flowing into the air on the Yellow Dog Plains with no control, no monitoring, and very limited testing.

The DEQ calls the Yellow Dog Plains an attainment area – which is a geographic area which has air quality below Federal Air Quality Standards. In other words, the air is good on the Plains and Rio has now the ability, under law, to pollute this air until they reach the limit of the air quality standard set by the EPA. Their models show that they can do this at 91% of the attainment level. That leaves 9% left for someone else to pollute to get them at a Saginaw, Detroit Chicago level of Air Quality. These emissions are only representative of the mine area itself. All diesel emmisons and fugitive dust from the transportation of the ore on public roads are not included in this emission standard calculation. The DEQ says they have no regulatory oversight of public roads. Nor do they have oversight of the underground workings to prove they can make their claims of low emissions. That is someone else who takes care of that (Mine Safety and Health – MSHA) . The DEQ is only concerned with what comes out of the stack and Rio’s models say they can do it and that is all the proof they need until they do their first production emissions test.

From the beginning, the State of Michigan has recognized that non-ferrous sulfide mining is different and that sulfides, from metallic sulfide mines, released into the environment and coming into contact with air and water can cause Acid Mine Drainage and damage to our land, our waters and our communities. The DEQ Air Quality staff do not seem to see any danger to the Salmon Trout River which flows a mere 150′ from this stack. They have required no impact assessment of the Yellow Dog watershed, nor an impact statement to Eagle Rock – the KBIC sacred site within the fence of this mine. They see no danger to the community of Big Bay and it’s peoples, lake and streams who are an immediate few miles downwind from the Eagle Mine.

Our job is to ask for proof that their models are correct – by demanding air quality monitors at the site that run 24/7 for the life of the mine.
We must also demand that Rio Tinto keep the promise that they made in their original permit (made as a result of public comment and pressure!) to put an air filter on the main polluting source at the site – the MVAR stack. “PROMISES KEPT” is Rio Tinto’s main motto. Let us make them hold to that promise.

 

Keweenaw Bay Indians’ Fight Against Michigan Mine Detailed in Series

By ICTMN Staff November 11, 2012

StandForTheLand.com

Sacred Eagle Rock is now surrounded by barbed wire.

As Kennecott Eagle Minerals lurches toward completing its plan to begin mining copper and nickel from tribal lands in Michigan’s remote Upper Peninsula beginning in 2014, the fight on the part of the Keweenaw Bay Indian Community of the Lake Superior Band of Chippewa is far from over. Continue reading

Rio Tinto, local groups establish environmental monitoring program

September 13, 2012
By JOHN PEPIN – Journal Staff Writer , The Mining Journal

MARQUETTE – Formal agreements signed this week between Rio Tinto, the Superior Watershed Partnership and the Marquette County Community Foundation have created a new independent community environmental monitoring program for the Eagle Mine, Humboldt Mill and associated transportation routes. Continue reading

EPA notes CR 595 objections

Wetlands impact central to federal concerns

August 30, 2012
By JOHN PEPIN – Journal Staff Writer (jpepin@miningjournal.net) , The Mining Journal

MARQUETTE – U.S. Environmental Protection Agency officials from Chicago outlined their decision making process and explained the basis for their objections Tuesday to plans to build Marquette County Road 595. Continue reading

CR 595 debated at forum

August 29, 2012
By JOHN PEPIN – Journal Staff Writer (jpepin@miningjournal.net) , The Mining Journal

MARQUETTE – Roughly 100 people testified Tuesday at a packed public hearing at Northern Michigan University on the U.S. Environmental Protection Agency’s wetlands and alternatives objections to Marquette County Road 595. Continue reading

Company is liable

August 20, 2012
The Mining Journal

To the Journal editor:

The decision on Rio Tinto’s haul route is down to the wire and residents of Marquette County are stuck with a list of dismal options that include creating Marquette County Road 595 through a wilderness area, sending massive ore trucks down County Road 550 and through Marquette, and establishing a haul route on County Road 510 that would endanger residents and wildlife. Continue reading

EPA Public Hearing on Wetland Fill Permit Application for County Road 595 in Marquette, Michigan

07/30/2012

CHICAGO (July 30, 2012) – The U.S. Environmental Protection Agency will hold a public hearing on August 28th to take comments on the Marquette County Road Commission’s application for a wetland fill permit for the construction of County Road 595. EPA scheduled the hearing at the request of the Michigan Department of Environmental Quality.

The Road Commission has proposed a new 21.5-mile primary county road, running north-south between U.S. Highway 41 and County Road Triple A, through Champion, Ely, Humboldt and Michigamme Townships. According to the application, construction would affect 25.81 acres of wetlands and would require the building of 22 stream crossings.

MDEQ has the authority to issue permits for projects under Section 404 of the Clean Water Act for wetlands, lakes and streams. EPA’s role is to ensure that proposed projects comply with federal guidelines. At the hearing, EPA will take comments on two issues: (1) whether there are practical, alternate routes for the road which would have less impact on aquatic resources; and (2) proposals to mitigate damage to wetlands and streams.

Oral and written comments will be taken at the public hearing. EPA will hold an informational question-and-answer session immediately before the public hearing — at 6 p.m. on Aug. 28. The public hearing begins at 7 p.m. Both will be held at Northern Michigan University, Don H. Bottums University Center, Ontario/Michigan/Huron Rooms, 1401 Presque Isle Ave., Marquette.

The public comment period started on July 27 and concludes on Sept. 4, 2012. Comments should be addressed to Melanie Haveman, U.S. EPA (WW-16J), 77 W. Jackson Blvd., Chicago, IL 60604-3590 or r5_cr595_comments@epa.gov. For questions or additional information, call EPA toll-free at 800-621-8431, 9:30 a.m. to 5:30 p.m.,week days. Related documents and information about the public hearing are available on EPA’s website at www.epa.gov/region5/water/cr595.

The official records are also available at the Ishpeming Carnegie Public Library, 317 N. Main St., Ishpeming.

Contact Information: Anne Rowan, 312-353-9391, rowan.anne@epa.gov; Peter Cassell, 312-886-6234, cassell.peter@epa.gov; Brad Wurfel, 517-241-7395, wurfelb@michigan.gov