epa feis comments fact sheet

SYNOPSIS OF U.S. EPA COMMENTS ON POLYMET FINAL EIS MINING TRUTH Northward flow of polluted water into the Rainy River watershed The EPA confirms northward flow of polluted water into the BWCA and Voyageurs National Park watershed “is a possibility” and that “further impact assessment is needed…” Specifically, “limited site-specific data is currently available to assess the potential for a northward flow path, and to design effective contingency mitigation measures should northward flow occur.” The EPA recommends this data be gathered and studied “as the project design is being further developed.” Northward flow would also transfer water out of the Great Lakes watershed and be “subject to approval under the [Great Lakes Compact.]” Lack of baseline data after ten years of study PolyMet relies heavily on “adaptive management” that would employ “contingency mitigation measures” to mitigate unexpected pollution. This requires accurate baseline data to understand what the current conditions are. Despite ten years of study, the EPA notes that baseline data is insufficient, and “should be collected and analyzed before any major grading or excavation of soils or conveyance or pumping of water is carried out at the site…” Need for comprehensive and accurate water modeling The EPA recommends agencies “involve a specialized expert to inform the permitting agencies’ review of a comprehensive monitoring and modeling program at the Mine Site.” They also state “[a]ny such review should consider the influence of other nearby mining operations (such as NorthShore’s [Peter Mitchell Pit]).” The northward flow issue arose late in the process due to failure to include the impact of nearby mining operations in the water models used in the PolyMet EIS. Wetland impacts Uncertainty about the scale and scope of indirect wetlands impacts through changes in water levels led EPA to comment that monitoring and mitigation “should be further developed during the permitting process...” The EPA recommends that PolyMet establish additional monitoring and plan for additional indirect wetland loss. The EIS identifies thousands of acres of wetlands that could be lost. Mineral fibers The EPA notes that a study currently undergoing peer review examining the cancer potency of mineral fibers should be incorporated into analysis of the health risks from PolyMet “in order to minimize worker and public health risks related to mineral fibers.” Continued EPA involvement in review of the proposal The EPA would like to “continue to engage in a close dialogue with the permitting agencies about the details of modeling, monitoring, and project design (including contingency mitigation measures), as relevant to project construction and permitting decisions.” In addition, the EPA “requests the opportunity to review the [Army] Corps’ final permit evaluation and draft [Clean Water Act] Section 404 permit...”

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Synopsis of EPA Comments on PolyMet FEIS.

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SYNOPSISOFU.S.EPACOMMENTSONPOLYMETFINALEISMININGTRUTHNorthwardflowofpollutedwaterintotheRainyRiverwatershedTheEPAconfirmsnorthwardflowofpollutedwaterintotheBWCAand

VoyageursNationalParkwatershed“isapossibility”andthat“furtherimpactassessmentisneeded…”Specifically,“limitedsite-specificdataiscurrentlyavailabletoassessthepotentialforanorthwardflowpath,andtodesigneffectivecontingencymitigationmeasuresshouldnorthwardflowoccur.”TheEPArecommendsthisdatabegatheredandstudied“astheprojectdesignisbeingfurtherdeveloped.”NorthwardflowwouldalsotransferwateroutoftheGreatLakeswatershedandbe“subjecttoapprovalunderthe[GreatLakesCompact.]”LackofbaselinedataaftertenyearsofstudyPolyMetreliesheavilyon“adaptivemanagement”thatwouldemploy“contingencymitigationmeasures”tomitigateunexpectedpollution.Thisrequiresaccuratebaselinedatatounderstandwhatthecurrentconditionsare.Despitetenyearsofstudy,theEPAnotesthatbaselinedataisinsufficient,and“shouldbecollectedandanalyzedbeforeanymajorgradingorexcavationofsoilsorconveyanceorpumpingofwateriscarriedoutatthesite…”NeedforcomprehensiveandaccuratewatermodelingTheEPArecommendsagencies“involveaspecializedexperttoinformthepermittingagencies’reviewofacomprehensivemonitoringandmodelingprogramattheMineSite.”Theyalsostate“[a]nysuchreviewshouldconsidertheinfluenceofothernearbyminingoperations(suchasNorthShore’s[PeterMitchellPit]).”ThenorthwardflowissuearoselateintheprocessduetofailuretoincludetheimpactofnearbyminingoperationsinthewatermodelsusedinthePolyMetEIS.WetlandimpactsUncertaintyaboutthescaleandscopeofindirectwetlandsimpactsthroughchangesinwaterlevelsledEPAtocommentthatmonitoringandmitigation“shouldbefurtherdevelopedduringthepermittingprocess...”TheEPArecommendsthatPolyMetestablishadditionalmonitoringandplanforadditionalindirectwetlandloss.TheEISidentifiesthousandsofacresofwetlandsthatcouldbelost.MineralfibersTheEPAnotesthatastudycurrentlyundergoingpeerreviewexaminingthecancerpotencyofmineralfibersshouldbeincorporatedintoanalysisofthehealthrisksfromPolyMet“inordertominimizeworkerandpublichealthrisksrelatedtomineralfibers.”ContinuedEPAinvolvementinreviewoftheproposalTheEPAwouldliketo“continuetoengageinaclosedialoguewiththepermittingagenciesaboutthedetailsofmodeling,monitoring,andprojectdesign(includingcontingencymitigationmeasures),asrelevanttoprojectconstructionandpermittingdecisions.”Inaddition,theEPA“requeststheopportunitytoreviewthe[Army]Corps’finalpermitevaluationanddraft[CleanWaterAct]Section404permit...”

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