The U.S. Environmental Protection Agency has announced that it will not require the Kennecott Eagle Mineral Co. to get a federal permit for the waste water system at its planned nickel mine in the Upper Peninsula.
In July 1 letter to Kennecott, the EPA said the company’s move to cover its waste water pipes with Styrofoam rather than earth means that the system no longer requires an Underground Control Injection permit under the Safe Drinking Water Act.
Kennecott plans to discharge more than 500,000 gallons of waste water from the mine each day.
The EPA wrote:
We have reviewed the revised plans for construction of the [Treated Water Infiltration System] and agree that a permit is not required under the federal [Underground Injection Control] program for the infiltration system as currently designed. Based upon our review of the modified TWIS design, the lateral perforated piping that constitutes the fluid distribution system is above ground and is thus not a subsurface system. If there are further changes to the design of this unit, we will have to reconsider whether federal UIC requirements apply. Please notify us as soon as possible of any substantial changes to the design.
As you know, EPA retains authority under [Safe Drinking Water Act], as well as other law, to take any necessary action to address possible contamination from the TWIS that may endanger underground sources of drinking water regardless of the design of the unit or its permit status. We understand that discharges from the TWIS are subject to a State permit that includes monitoring and response requirements. We will continue to coordinate with the State to determine whether any federal action with respect to the TWIS is necessary.
Last week Rep. Bart Stupak (D-Menominee) warned that the state of Michigan may not have the resources to adequately monitor conditions at the mine.
Opponents of the mine have argued that acid drainage from the mine is likely to damage the surrounding Lake Superior watershed.
Kennecott is expected to begin drilling the mine next year.