The Clean Air Act, which regulates air pollution from major industrial sources, requires facilities that emit large amounts of air pollutants to obtain a Title V permit. Facilities must regularly certify their compliance with the permit conditions, ensuring ongoing adherence to air quality standards.
A Utah facility, which encompasses a concentrator, smelter and refinery and tailings storage facility, operates under a Title V permit. Under the permit, the mining leader must report ambient air quality data, including sulfur dioxide levels and particulate matter, to regulators. The company also needs to respond rapidly in the case of any exceedances or instrument malfunctions.
The mining company lacked the internal resources and expertise to directly focus on and manage the increasingly complex requirements of its ambient air monitoring network. This included ensuring data accuracy, taking samples, managing and maintaining the monitoring stations, and providing real-time feedback to operational teams to ensure compliance. The potential for data discrepancies and the lag in real-time monitoring capabilities posed significant risks to not only regulatory compliance but also the company’s reputation within the community.