The company was notified by messenger on Sept. 28.

The application was denied because Rosemont failed to provide information that would show it could comply with air quality regulations required by the state of Arizona and the federal Environmental Protection Agency.

Information provided by Rosemont Copper Company during the permit process indicated there was a difference between Pima County code and federal regulations. Therefore Pima County had no choice but to deny the permit application as written.

Rosemont Copper can reapply for an air quality permit and demonstrate that it can meet federal and county regulations to operate an open-pit mine in Pima County.

It can also appeal the denial by Pima County to the Pima County Air Quality Hearing Board within 30 days.

The county issued a draft air quality permit to Rosemont Copper on Aug. 30, 2011 and opened a 90-day public comment period. The comment period will be closed as a result of the permit application denial.

Pima County DEQ staff has logged all public comments received during the open comment period. The comments will be considered as the process moves forward.

The proposed Air Quality Permit was written after the company indicated to the county’s DEQ that it will meet county, state and federal air quality requirements for operating the mine.

The proposed permit does address “the potential emissions of several air pollutants, including particulate matter, oxides of nitrogen, sulfur dioxide, carbon monoxide, volatile organic compounds and hazardous air pollutants,” said Ursula Kramer, director of the county’s Department of Environmental Quality.

She said the company has provided the county with data to show it can meet air quality requirements.

The proposed permit has been sent to Rosemont Copper for its review.

The public has 90 days to review the proposed permit and comment on it, Kramer said.

The public comment period begins on Tuesday, Aug. 30, 2011 and ends on Monday, Nov. 28, 2011.

Written comments can be made throughout the comment period and only individuals who submit written comments can challenge the permit decision with a legal appeal.

Anyone can comment orally at a public hearing on the proposed permit. The date, time and place of that hearing have not yet been set by Pima County.

Written comments on grounds for objecting to an air quality permit for the copper mine must be limited to whether the proposed permit meets the criteria for issuing such a permit, as prescribed by state law and Pima County Code.

The applicable law is Arizona Revised Statutes, Sections 49-480 and 49-481.

The applicable County Code is Title 17.   It states, in part, that “issuance of an air permit shall not relieve the permittee from compliance with all local, county, state, and federal laws, statutes, and codes.”

Copies of Rosemont’s permit application, the county’s proposed permit and background information about the permit process are available at:

http://www.deq.pima.gov/permits/RosemontCopper.htm

This site includes a link that lets individuals sign up for email notifications of DEQ actions on the Rosemont Air Quality Permit Application.

Here are the guidelines for written comments:

• Each written comment must include the name and mailing address of the writer
• It must be signed by the writer or his agent or attorney
• It must clearly explain why the permit should or should not be issued by Pima County
• Mail or email or hand-deliver comments to: Pima County Department of Environmental Quality, ATTN: Mukonde Chama, 33 N. Stone Ave. Suite 700, Tucson, AZ 85701

The documents may be reviewed during regular business hours at DEQ offices. Call Karen Wilhelmsen at DEQ at (520) 243-7449 for more information.