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ASARCO Tailings Violations. Pima County Department of Environmental Quality. Background. ASARCO operates an open pit copper mine that consists of: Mining Crushing Grinding Concentrating Operations began in 1961 ASARCO has a a Class I (Title V) permit for PM 10 emissions.
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ASARCOTailings Violations Pima County Department of Environmental Quality
Background • ASARCO operates an open pit copper mine that consists of: • Mining • Crushing • Grinding • Concentrating • Operations began in 1961 • ASARCO has a a Class I (Title V) permit for PM10 emissions
Class I (Title V ) Permit • ASARCO is subject to New Source Performance Standards (NSPS) for Metallic Mineral Processing Plant • Emissions consists of point source from milling operation and fugitive from the pit, haul roads and tailings • Tailings subject to: • Opacity limit of 20% • Reasonable and necessary precautions must be taken to prevent excess emissions from crossing property boundary • Tailings must be smeared every 60 days during berm building
Berm Building • ASARCO began berm building to raise the side of tailings dam #8 in September 2009 • PDEQ began receiving complaints in October 2009 • Inspections conducted on October 21 and 27 resulted in opportunity to correct. Opacity reading of 29% observed by PDEQ inspector
Excess Emission Reports • November 12th ASARCO reported excess emissions of 61% opacity to PDEQ • PDEQ conducted an inspection on November 12th. No opacity readings taken by PDEQ due to position of the sun. Emission observed crossing the property boundary • Inspection and excess emission results in Notice of Violation
Wind Event of December 22 • Weather forecast called for high winds in the afternoon • PDEQ conducted an inspection in early afternoon • Excessive emission observed with opacity reading of 83% by PDEQ inspector. ASARCO records a 75% opacity reading and self reports • ASARCO begins applying wet tailings • NOV issued for violations
January 7, 2010 Inspection • PDEQ conducts follow up inspection on January 7, 2010 • Approximately 50 % of tailing dams covered in wet tailings • ASARCO continues to berm build. Anticipate completion towards the end of January • Part of tailings still dry
Tailings Sampling • PDEQ collected samples of the mine tailings, surrounding soil, and material from an individual's yard • Samples were collected to address concerns from the community as to what is in the ASARCO tailings • Samples analyzed by EPA lab for constituents recommended by Dr. Betterton and Dr. Maier from the U of A
Sample Results • The sample results were reviewed by Dr. Betterton and Dr. Maier. They concluded that metal concentrations were not elevated above background concentrations. • Material taken from a resident’s yard was found to be from the tailings based upon its composition. • The tailings were not found to be toxic. However, small size fraction poses a health risk
ASARCO Response • ASARCO Responded to the NOV and disagrees they were in violation. • ASARCO asserts they were taking all reasonable precautions • ASARCO has developed additional berm building procedures that include: • Use of additional equipment to accelerate the time it takes to do berm building • Use of specialized equipment to apply dust suppressants • Breaking the berm into segments so tailings can be applied quicker
Enforcement Status • PDEQ has been working with the County Attorney and EPA regarding appropriate penalties. • PDEQ has requested additional information from ASARCO regarding their berm building process that led to the violations. PDEQ is awaiting ASARCO’s response • PDEQ and ASARCO will be engaging in penalty discussions in June • EPA has issued an information request to ASARCO and is currently awaiting a response
ASARCO Tailings Activities • ASARCO is using tailings dam 7 and 8 • Berm building has begun tailings dam 4 • ASARCO is working with the Indian Nation of closure and capping of tailings dam 1, 2, and 3. These tailings dam are located in the nation and are not under PDEQ’s jurisdiction
April 2010 NOV • PDEQ has conducted 14 inspections at ASARCO since January 2010 • PDEQ issued a NOV in April for opacity violations at tailings dam 4. • ASARCO failed to take precautions to prevent wind blown tailings • PDEQ is awaiting ASARCO’s response to this recent NOV
Information • Information on ASARCO mine tailings can be found on PDEQ website. • www.deq.pima.gov • PDEQ Contacts • Beth Gorman, Communications Manager 243-7446 • Richard Grimaldi, Deputy Director 243-7363