1. PNW SETAC Vancouver, WA April 2011
Big Mines, Wild Fish: how regulations in Alaska are changing, and implications for fisheries
PNW SETAC Vancouver, WA April
2011

2. Chuitna (proposed) – 5th largest coal strip mine in the US
located in wetlands above a subsistence, commercial, and sports fishing salmon river
Donlin gold (proposed) – largest gold mine in AK
located in a natural mercury belt
on the shores of the Kuskokwim River, an important subsistence and commercial fishing river
Kensington – gold mine
Anchorage
Juneau
Bethel

3. Clean Water? yeah, we’ve got it
More than 99.9% of Alaska’s waters are considered unimpaired
3 million lakes
177 million acres of wetlands
714,000 miles of streams and rivers
36,000 miles of coastline
But can we keep it clean?

4. State and Federal Regulations
Federal: Definition of “fill”
Federal: Mercury air emissions rule
Federal: Mercury export ban
Federal: Clean Water Act
State: anti-degradation policy
State: authority to permit discharges into water

5. Risks Kensington: waste disposal Chuitna: habitat, discharge standards
Donlin: mercury disposal

6. New Federal Law: natural lakes for tailings disposal
New regulation for State to accommodate in permits
Once approved, other companies will follow suit in order to remain economically competitive
This is ongoing in Canada
Coeur Alaska Inc v Southeast Alaska Conservation Council Nos ,

7. New Federal Mercury Laws
Mercury emissions to air regulated
New regulation for State DEC to accommodate in permits
Limited US buyers
Ban on exporting Hg
Donlin – world class gold deposit in the mercury belt
thermal processing will release mercury
where will captured mercury go?
40 CFR Parts 9 and 63 April 28, 2010
Federal Register Vol 75 (81): 22470

8. New State Authority under CWA
Anti-Degradation Policy
States must have one (40 CFR )
Allows states to list specific water bodies that cannot be degraded at all (Outstanding National Resource Water)
Alaska has not listed any ONRW’s – no water bodies are specifically protected under anti-degradation policy
Alaska has not adopted guidelines for the policy (Anti-Deg Policy AAC70.015; Interim Procedures , July )
NPDES (permit to discharge)
State of Alaska granted authority (18 AAC 83 October 2008; mining phased in November 2010)
States need to incorporate compliance with Anti-Degradation policy into water quality discharge permits (NPDES/APDES)

9. State of Alaska discretionary water quality
Alaska’s Anti-Degradation Policy (18 AAC ) states that: “(Water) quality must be maintained and protected unless the department, in its discretion ....allows the reduction of water quality .... the department will authorize a reduction in water quality (if) allowing lower water quality is necessary to accommodate important economic .... development”

10. “Uses” Drinking Water (ug/L) Freshwater Aquatic Life (chronic) (ug/L)
Consumption of water and aquatic organisms
(ug/L)
Iron
no limit
1000
Arsenic 10
150
Zinc
36.5
Copper
2.74
Manganese 50

11. New State authority to issue permits
Drinking Water (ug/L)
Freshwater Aquatic Life (chronic) (ug/L)
Iron
no limit
1000
Arsenic 10
150
Zinc
Copper
Cadmium 5
0.09
Manganese
DEC has never issued a mining discharge permit, and has no anti-deg guidelines to guide them.
Chuitna mine –
discharge high concentrations of Cu, Zn, Mn, Al, Fe
PacRim Coal and TetraTech, Inc. 2009

12. New mining request: Removing Streams
Oasis 2007
PacRim 2011

13. Summary
World class mining deposits, many along vital watersheds; no waters have protected status
Authority to write discharge permits is forcing Alaska to look at specifics of anti-degradation implementation and SSC.
New federal regulations
Regulators have to accommodate industry while protecting existing water uses
Alaska is a very wet place – water is the number one problem mines face

14. Tsina’en www.chuitna.org
Oasis Environmental Chuitna coal stream reclamation plan.
PacRim Coal, LP Project update to DNR.
PacRim Coal, LP and Tetra Tech, Inc Study plan for developing site specific water quality criteria for the Chuitna River Basin, Alaska.
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