October 18, 2013

Many testify against revising Maine mining rules

But those who speak in support of easing the standards say the changes would create jobs.

By North Cairn ncairn@pressherald.com
Staff Writer

(Continued from page 1)

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Phil Daggett speaks in favor of allowing mining at Bald Mountain and implementing new regulations at a DEP hearing Thursday in Augusta.

Andy Molloy/Kennebec Journal

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“I think the job estimates are grossly exaggerated ... and they’re not sustainable jobs, either,” she said.

Urging the board to revisit the basic provisions of the rule change, she said: “We don’t need any empty promises. ... Without a strong mining law, mining will devastate Aroostook County.”

“Our town is starving for economic opportunity,” countered Barb Pitcairn, a Realtor from Portage. She supported the rule change as a means to help financially strapped households and businesses in the county. “Our wages are below the state and federal averages,” Pitcairn said.

“Mining practices have come a long way in 50 years,” she said.

“This is certainly an opportunity to take a really good look at what we can do to foster more opportunities, more business,” said Phil Daggett, owner of Hewes Brook Lodge, a sporting facility about 15 miles from Bald Mountain, The Associated Press reported. “If there is ever a time that we need to step forward and work this issue, it’s now.”

But many people’s fears were not quelled during the day-long session.

The changes would ease some restrictions on the industry – for example, by relaxing requirements for environmental protection, said state Rep. Jeff McCabe, D-Skowhegan.

“The board should greatly strengthen the rule’s provisions protecting groundwater,” McCabe said. “It should also not allow DEP to permit mines that will require more than 10 years of post-closure treatment.”

The proposed change would allow 30 years for remediation of a mining site, which critics say is longer than most mining operations remain solvent.

Allowing such a long period for treatment of a site after a mine closes would greatly increase the environmental risks, McCabe said, and would add to the probability that the public would eventually have to pay.

McCabe argued for certified financial assurance that a mining company would be able to pay for closure and remediation, and would provide 100 percent of that financial assurance, not the 50 percent stipulated in the proposed rule.

Lawmakers and residents at the hearing said the board and the DEP must seek expert advice on whether the new regulations would be strong enough to preserve Maine’s environment. Of special concern were the mostly pristine wilderness areas around Bald Mountain, where tourism, brook trout fishing, camping, hiking and other outdoor activities are critical to the economy and identity.

Rep. Ralph Chapman, D-Brooksville, a research physicist formerly affiliated with the Massachusetts Institute of Technology and Tufts University, said more technical analysis is needed. He questioned the employment benefits of mining.

“This is not a jobs-versus-environment issue,” he said. ‘It’s (about) the management of environmental risk for the purpose of extracting mineral resources. Really, there are next to no jobs.”

more thorough analysis sought

The Natural Resources Council of Maine said the DEP must address public concerns about the transparency of its process and whether the rules would adequately protect the environment.

“The public has been very consistently skeptical of changing the mining rule for Irving,” said Nick Bennett, staff scientist with the council. “There is overwhelming public concern, and that is clear again today.”

Bennett said his group wants to see good rules for mining, not a stop to the opportunity for safe mining.

Rep. Janice Cooper, D-Yarmouth, a member of the Legislature’s Environment and Natural Resources Committee, said the panel is concerned that mining companies have a tendency to fail over time and leave costly environmental problems in their wake.

“The problem of making mistakes in mining is that there are no do-overs,” said Cooper, “so we have to err on the side of caution.”

Chapman said the rulemaking process has, in a sense, run backward, with the DEP and the Legislature trying to craft legislation in haste in 2012, then drafting new regulations and finally releasing them without rigorous scrutiny from first-rate professionals.

“What’s really needed here is information of a highly technical nature,” Chapman said, echoing months of requests for more information from the DEP and expert help from scientists who specialize in mining challenges.

North Cairn can be contacted at 791-6325 or at:ncairn@pressherald.com
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