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EPA, Alaska seek to relax water pollution rules

April 3, 2019 — The Trump administration is quietly reviving a long-stalled effort by state regulators to loosen pollution standards where fish spawn. The Alaska Department of Environmental Conservation proposed the rule change more than a decade ago to change how it enforces the federal Clean Water Act.

After a dozen-year hiatus, it’s making its way through the Environmental Protection Agency’s rule-making process. But opponents warn if the EPA gives the 2006 “mixing zone” rule the thumbs-up, it could help pave the way for controversial projects like Pebble Mine.

The Clean Water Act is the primary tool used by the feds to regulate water pollution. Industry often argues these standards are difficult to meet.

“Alaska’s a beautiful, pristine place, and there is no pollution and certainly the background water quality is excellent,” said Frank Bergstrom, an Alaska mining consultant with 40 years of experience. “So if you follow the Clean Water Act to the detail, you pretty much have to discharge distilled water.”

That’s overstating the state’s water quality standards. Basically the limits are designed to prevent water bodies from being degraded. But years ago, Alaska and other states took the industry’s view in mind when it came up with “mixing zones.” This compromise allows things like wastewater plants, mines and oil refineries to exceed water pollution standards in designated areas.

Read and listen to the full story at KTOO

ALASKA: Scientists: Pebble Mine study doesn’t account for all risks

April 2, 2019 — Representatives have been grappling with the a proposal to develop a mine near Bristol Bay.

As a part of the wider discussion, the House Resources committee heard Monday from a group of scientists and advocates who disagree with the Pebble Mine project which proposes developing the Pebble copper-­gold­-molybdenum porphyry deposit (Pebble Deposit) in southwest Alaska as an open-pit mine, with associated infrastructure.

A group of scientists and Bristol Bay residents held a press conference, detailing concerns with the draft environmental impact statement (DEIS) released by the U.S. Army Corps of Engineers in February. Some critics have said the 90-day comment period for this DEIS is not long enough, considering the length of the document.

The chief concerns were that the DEIS used too short of a time frame to associate the risks of the mine, it used an inappropriate fish habitat assessment, cumulative risks were essentially ignored, there was very little mention of long-term risks associated with climate change and that it used selective use of scientific literature when backing up claims.

Read the full story at the Juneau Empire

EPA Chief Recused From Bristol Bay Mine That His Former Law Firm Represented

March 26, 2019 — EPA Administrator Andrew Wheeler is formally recusing himself from agency reviews and permitting decisions on a proposed gold and copper mine near Alaska’s Bristol Bay amid criticism his former law firm represented the developer.

Wheeler promised to steer clear of matters involving the controversial Pebble Mine in an updated March 20 recusal statement, two years after his former employer, Faegre Baker Daniels LLP, had arranged a meeting between former EPA chief Scott Pruitt and project developer Pebble LP.

Weeks after that 2017 meeting, Pruitt moved to withdraw proposed mining restrictions that would make it difficult, if not impossible, for the project to secure an essential Clean Water Act permit. Although Pruitt later backtracked, business groups have recently lobbied the EPA to toss out the five-year-old restrictions, arguing they preemptively block a project that would sustain jobs and extract at least 6.5 billion tons of known minerals. Environmentalists counter that the proposed mine jeopardizes a thriving salmon fishery.

Wheeler cast his decision as a “voluntary recusal” since he never provided services to a Faegre Baker Daniels client on the Pebble Mine and government advisers have said the move isn’t necessary to fulfill federal ethics rules. Wheeler said his recusal would last as long as he leads the Environmental Protection Agency. In the meantime, Wheeler has delegated Pebble issues to EPA General Counsel Matthew Leopold.

The Environmental Protection Agency could still move to lift the restrictions, without Wheeler’s involvement. And in the meantime, the Army Corps of Engineers is taking public comment on a draft environmental impact statement analyzing the mine.

Read the full story at Bloomberg

ALASKA: U.S. Army Corps of Engineers sees no reason now to extend Pebble comment period

March 21, 2019 — An official with the U.S. Army Corps of Engineers said Wednesday that the agency has not received any compelling reason to extend the 90-day comment period on a draft environmental review of a major mine project in Southwest Alaska.

Shane McCoy is project manager for the corps’ review of the Pebble Limited Partnership’s permit application. The Pebble partnership wants to develop a gold-and-copper mine near a major salmon fishery in Alaska’s Bristol Bay region.

McCoy told reporters that while 45 days is standard for such reviews, the corps decided 90 days was appropriate for the Pebble project given the nature of the project and level of interest in it.

The corps has received requests to extend the 90-day period and is considering those, but so far it has not received a strong reason for an extension, he said. The corps also has received comments saying 90 days is sufficient, he said.

Critics of the project have criticized the substance of the review and say the process has been rushed. When the draft review was released last month, Pebble partnership CEO Tom Collier said the partnership saw “no significant environmental challenges that would preclude the project from getting a permit.”

McCoy said the draft review is not a rubber stamp of the project. If there’s evidence contrary to what the corps’ draft analysis shows, “absolutely provide it to us and allow us to use that to inform a revision if necessary,” he said.

Read the full story from the Associated Press at Anchorage Daily News

ALASKA: Fishermen’s group calls Corps’ analysis of potential tailings dam failure at Pebble ‘woefully inadequate’

March 4, 2019 — A new study commissioned by a Bristol Bay seafood marketing group paints a doomsday scenario if the bulk tailings dam at the proposed Pebble mine ever suffered a catastrophic breach, an outcome the U.S Army Corps of Engineers has called very remote and one the mine developer has taken steps to avoid.

Billions of gallons of mud would smother valley bottoms, covering vast stretches of salmon habitat, according to an executive summary released Friday. Finely ground-up waste material from mining would travel downstream and spill into Bristol Bay more than 200 river miles from the mine site, threatening the valuable salmon fishery.

“Given the fine-grained nature of the material, it is extremely likely that these tailings would continue to Bristol Bay, where they would eventually settle out in the Nushagak River estuary,” the summary says.

Read the full story at Anchorage Daily News

ALASKA: Bristol Bay: Back to the Pebble grind

February 28, 2019 — Alaska’s Bristol Bay salmon fishermen are once again rallying the troops to help check a juggernaut that threatens the world’s single-most productive salmon fishery.

Mining the copper and gold deposit at the headwaters of Bristol Bay’s natal sockeye streams might not be an inherently risky proposition were it not for the toxic byproduct. Based on our current best technology, toxic runoff from the mining process would be diverted to tailings ponds, which are essentially pools with dams built around them. Historically, these containment fields leak eventually.

The geography and topography of Bristol Bay complicates this plan. Any Anchorage area resident will tell you that Southwest Alaska is part of the ring of fire. After the 7.0 earthquake on Nov. 30, Anchorage area residents felt more than 6,000 aftershocks in just 30 days. That’s an average of 200 per day, or about 8 aftershocks per hour. And now, three months later, the aftershocks have not stopped.

What might the outcome be if a similar scenario hit Bristol Bay, about 250 miles from Anchorage, and thousands of aftershocks rippled through the water-laden soil containing manmade ponds of toxic sludge? Would they remain intact? Or would they twist and crumble like so many of the paved roads around Anchorage?

As long as Pebble Mine’s tailings ponds are to be built into Bristol Bay’s permeable soil in an earthquake zone, the plan may as well include a ticking clock on the health of the region’s renewable salmon resource.

Read the full story at National Fisherman

ALASKA: U.S. Army Corps releases draft report on Pebble Mine

February 21, 2019 — The U.S. Army Corps of Engineers released Pebble Mine’s draft environmental impact statement on Wednesday, one of the biggest stepping stones in the permitting process for the proposed copper-and-gold mine near the headwaters of Bristol Bay.

The purpose of the draft EIS is to analyze the project’s proposal and present alternative plans. The environmental review, totaling more than 1,400 pages, the Army Corps proposes multiple actions including an analysis of permitting the mine, alternate transportation corridors and rejecting the mine proposal altogether.

A 90-day public comment period will begin March 1, allowing stakeholders to give their thoughts on the report before a final version is delivered to federal agencies. Opponents of the mine are pushing back against the comment period, claiming in isn’t a long enough timeline for thorough feedback.

“A 90-day comment period is far too short of a time period to review and comment on the recently released Draft Environmental Impact Statement,” said Andy Wink, executive director of the Bristol Bay Regional Seafood Development Association. “The speed at which insufficient materials are being pushed through this mine’s permitting process is irresponsible given that the Bristol Bay salmon ecosystem is a biological wonder of the world. This region contains the world’s largest wild salmon runs, which have supported a rich culture for millennia and sustained a thriving commercial fishery for more than 130 years.”

“A 270-day comment period on the Draft EIS is the first – and necessary – step in holding the Pebble Limited Partnership accountable during the permitting process,” said Bristol Bay Native Corporation CEO Jason Metrokin. “Bristol Bay cannot become a laboratory to test unproven and unprecedented mining practices.”

Read the full story at National Fisherman

ALASKA: What does the Dunleavy administration mean for the proposed Pebble Mine?

December 27, 2018 — One of the most controversial issues Alaska’s leaders have ever had to wrestle with is the proposed Pebble Mine. The new governor is no exception.

Officially, Gov. Mike Dunleavy is not taking a position on the mine, unlike his predecessor, Gov. Bill Walker, who opposed it.

“So the Pebble Mine project, just like any other natural resource development project, will be subject to an established permitting process,” Gov. Dunleavy said in an emailed statement. “The outcome of this process will determine if the project meets the standards set forth in law and regulation.”

But the new governor is already making moves that have encouraged the mine’s backers and worried its opponents.

One of those statements was made during Dunleavy’s first major public appearance after being elected governor. He was speaking a mining conference in Anchorage, where he proclaimed that “Alaska is open for business.”

The governor gave a shout out to the Red Dog mine, where all three of his daughters work. He spoke about his roots in the mining community of Scranton, Pa., which he called the “anthracite coal capital of the world.”

Read the full story at Alaska Public Media

Pebble launches post-election outreach campaign in Alaska

November 20, 2018 — The proposed Pebble Mine in Southwest Alaska has been back in the news after this month’s elections, and now it’s also back in Alaskans’ mailboxes.

The Pebble Limited Partnership, the company behind the project, has launched a new marketing campaign following Alaska voters’ defeat of salmon-habitat preservation initiative Ballot Measure 1 and Republican Mike Dunleavy’s victory in the race for governor.

As a candidate, Dunleavy said he’s in favor of allowing the proposed mega-mine to work through the federal permitting process. Ballot Measure 1, the “Stand for Salmon” initiative, was largely seen as an anti-development initiative by the resource development industry.

“We’re very encouraged by the election of the governor-elect and of the results from the ballot measure campaign, really as a validation that Alaska has process, a fair process for reviewing projects,” Mike Heatwole, a spokesperson for the partnership, said Monday.

Read the full story at KTVA

 

ALASKA: Next steps to protect the industry from Pebble Mine

November 19, 2018 — Stakeholders in Alaska’s Bristol Bay have watched the federal and state regulatory landscape heave and buckle with the shifting sands of federal oversight.

Fishermen invested in other watersheds threatened by mining waste and potential mine development have watched this battle, as well. But the lessons to be learned shift at every turn. Join me and a panel of insiders on Monday at Pacific Marine Expo for a public meeting on Pebble Mine, where we will discuss next steps for the industry.

The Trump administration breathed life back into the prospects for Pebble Mine.

Pebble CEO Tom Collier wasted no time in penning a January 2017 editorial praising his company’s efforts to address the concerns of Alaska residents, the thousands of fishermen who make their living in the shadow of the potential mine and its caustic byproducts, and the millions of consumers who rely on Bristol Bay’s pristine rivers to welcome back the world’s largest wild salmon run year after year.

Read the full story at National Fisherman

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