ASARCOASARCOTailings ViolationsTailings Violations

Pima County Pima County

Department of Environmental Department of Environmental QualityQuality

BackgroundBackground

ASARCO operates an open pit ASARCO operates an open pit copper mine that consists of:copper mine that consists of: Mining Mining CrushingCrushing GrindingGrinding ConcentratingConcentrating

Operations began in 1961Operations began in 1961 ASARCO has a a Class I (Title V) ASARCO has a a Class I (Title V)

permit for PMpermit for PM10 10 emissionsemissions

Class I (Title V ) PermitClass I (Title V ) Permit ASARCO is subject to New Source Performance ASARCO is subject to New Source Performance

Standards (NSPS) for Metallic Mineral Processing Standards (NSPS) for Metallic Mineral Processing PlantPlant

Emissions consists of point source from milling Emissions consists of point source from milling operation and fugitive from the pit, haul roads and operation and fugitive from the pit, haul roads and tailingstailings

Tailings subject to:Tailings subject to: Opacity limit of 20%Opacity limit of 20% Reasonable and necessary precautions must be taken to Reasonable and necessary precautions must be taken to

prevent excess emissions from crossing property prevent excess emissions from crossing property boundaryboundary

Tailings must be smeared every 60 days during berm Tailings must be smeared every 60 days during berm buildingbuilding

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Berm BuildingBerm Building

ASARCO began berm building to ASARCO began berm building to raise the side of tailings dam #8 in raise the side of tailings dam #8 in September 2009September 2009

PDEQ began receiving complaints in PDEQ began receiving complaints in October 2009October 2009

Inspections conducted on October Inspections conducted on October 21 and 27 resulted in opportunity to 21 and 27 resulted in opportunity to correct. Opacity reading of 29% correct. Opacity reading of 29% observed by PDEQ inspectorobserved by PDEQ inspector

Excess Emission ReportsExcess Emission Reports

November 12November 12thth ASARCO reported excess ASARCO reported excess emissions of 61% opacity to PDEQemissions of 61% opacity to PDEQ

PDEQ conducted an inspection on PDEQ conducted an inspection on November 12November 12thth. No opacity readings . No opacity readings taken by PDEQ due to position of the taken by PDEQ due to position of the sun. Emission observed crossing the sun. Emission observed crossing the property boundaryproperty boundary

Inspection and excess emission results in Inspection and excess emission results in Notice of ViolationNotice of Violation

Wind Event of December Wind Event of December 2222

Weather forecast called for high winds Weather forecast called for high winds in the afternoonin the afternoon

PDEQ conducted an inspection in early PDEQ conducted an inspection in early afternoonafternoon

Excessive emission observed with Excessive emission observed with opacity reading of 83% by PDEQ opacity reading of 83% by PDEQ inspector. ASARCO records a 75% inspector. ASARCO records a 75% opacity reading and self reportsopacity reading and self reports

ASARCO begins applying wet tailingsASARCO begins applying wet tailings NOV issued for violationsNOV issued for violations

January 7, 2010 January 7, 2010 InspectionInspection

PDEQ conducts follow up inspection PDEQ conducts follow up inspection on January 7, 2010on January 7, 2010

Approximately 50 % of tailing dams Approximately 50 % of tailing dams covered in wet tailingscovered in wet tailings

ASARCO continues to berm build. ASARCO continues to berm build. Anticipate completion towards the Anticipate completion towards the end of Januaryend of January

Part of tailings still dryPart of tailings still dry

Tailings SamplingTailings Sampling

PDEQ collected samples of the mine PDEQ collected samples of the mine tailings, surrounding soil, and tailings, surrounding soil, and material from an individual's yardmaterial from an individual's yard

Samples were collected to address Samples were collected to address concerns from the community as to concerns from the community as to what is in the ASARCO tailingswhat is in the ASARCO tailings

Samples analyzed by EPA lab for Samples analyzed by EPA lab for constituents recommended by Dr. constituents recommended by Dr. Betterton and Dr. Maier from the U Betterton and Dr. Maier from the U of Aof A

Sample ResultsSample Results The sample results were reviewed by Dr. The sample results were reviewed by Dr.

Betterton and Dr. Maier. They Betterton and Dr. Maier. They concluded that metal concentrations concluded that metal concentrations were not elevated above background were not elevated above background concentrations. concentrations.

Material taken from a resident’s yard Material taken from a resident’s yard was found to be from the tailings based was found to be from the tailings based upon its composition. upon its composition.

The tailings were not found to be toxic. The tailings were not found to be toxic. However, small size fraction poses a However, small size fraction poses a health riskhealth risk

ASARCO ResponseASARCO Response

ASARCO Responded to the NOV and ASARCO Responded to the NOV and disagrees they were in violation.disagrees they were in violation.

ASARCO asserts they were taking all ASARCO asserts they were taking all reasonable precautionsreasonable precautions

ASARCO has developed additional berm ASARCO has developed additional berm building procedures that include:building procedures that include:

Use of additional equipment to accelerate the time it Use of additional equipment to accelerate the time it takes to do berm buildingtakes to do berm building

Use of specialized equipment to apply dust Use of specialized equipment to apply dust suppressantssuppressants

Breaking the berm into segments so tailings can be Breaking the berm into segments so tailings can be applied quickerapplied quicker

Enforcement StatusEnforcement Status PDEQ has been working with the County PDEQ has been working with the County

Attorney and EPA regarding appropriate Attorney and EPA regarding appropriate penalties. penalties.

PDEQ has requested additional information PDEQ has requested additional information from ASARCO regarding their berm building from ASARCO regarding their berm building process that led to the violations. PDEQ is process that led to the violations. PDEQ is awaiting ASARCO’s responseawaiting ASARCO’s response

PDEQ and ASARCO will be engaging in PDEQ and ASARCO will be engaging in penalty discussions in Junepenalty discussions in June

EPA has issued an information request to EPA has issued an information request to ASARCO and is currently awaiting a ASARCO and is currently awaiting a responseresponse

ASARCO Tailings ASARCO Tailings ActivitiesActivities

ASARCO is using tailings dam 7 and 8ASARCO is using tailings dam 7 and 8

Berm building has begun tailings dam 4Berm building has begun tailings dam 4

ASARCO is working with the Indian ASARCO is working with the Indian Nation of closure and capping of Nation of closure and capping of tailings dam 1, 2, and 3. These tailings tailings dam 1, 2, and 3. These tailings dam are located in the nation and are dam are located in the nation and are not under PDEQ’s jurisdictionnot under PDEQ’s jurisdiction

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April 2010 NOVApril 2010 NOV

PDEQ has conducted 14 inspections PDEQ has conducted 14 inspections at ASARCO since January 2010 at ASARCO since January 2010

PDEQ issued a NOV in April for PDEQ issued a NOV in April for opacity violations at tailings dam 4.opacity violations at tailings dam 4.

ASARCO failed to take precautions ASARCO failed to take precautions to prevent wind blown tailings to prevent wind blown tailings

PDEQ is awaiting ASARCO’s PDEQ is awaiting ASARCO’s response to this recent NOVresponse to this recent NOV

InformationInformation

Information on ASARCO mine Information on ASARCO mine tailings can be found on PDEQ tailings can be found on PDEQ website. website. www.deq.pima.govwww.deq.pima.gov

PDEQ ContactsPDEQ Contacts Beth Gorman, Communications Beth Gorman, Communications

Manager 243-7446Manager 243-7446 Richard Grimaldi, Deputy Director 243-Richard Grimaldi, Deputy Director 243-

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