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In issuing the permit Jan. 2, the Arizona Department of Environmental Quality said its computer modeling found the mine’s emissions would not trigger violations of federal regulations protecting the surrounding air. Hudbay Minerals Inc., which would build Copper World, conducted an analysis to show the mine's emissions won't keep the area from meeting federal air quality standards, ADEQ said.

The permit is the last one needed from the state for construction of the $1.7 billion open-pit complex. The mine would be built in the Santa Rita Mountains, about 28 miles southeast of Tucson. The permit expires in five years although the company can renew it for longer periods.

In their appeal filed Thursday, opponents argued ADEQ inaccurately gave Copper World what's known as a Class II permit, It contains fewer restrictions and monitoring requirements and narrower enforcement capability than is warranted for a project of Copper World's scope, said the opponents.

The appeal was filed by the Center for Biological Diversity, Save the Scenic Santa Ritas and Farmers Investment Co., the Sahuarita-based pecan growing firm.

"In essence, Class I permits have more teeth," said Jeremy Nichols, a senior advocate for the Tucson-based biodiversity group.

ADEQ told the Star it doesn’t provide specific comments on pending litigation. The appeal will be sent to the Office of Administrative Hearings. Unless the parties can resolve the issues in an informal settlement conference, that office will hold a hearing. Its final administration decision can be appealed to Superior Court.

Disputing opponents' assertion that a Class I permit has stricter standards, ADEQ said, "In most cases, a facility with a Class I permit will follow the same operating requirements as a smaller, similar facility that has lower potential emissions and a Class II permit.

"And, in some cases, including the Copper World Project air quality permit, Class II air quality permits contain stricter emissions limits and more rigorous monitoring, reporting, and testing requirements than a Class I air quality permit."

Hudbay told the Star it's currently reviewing the appeal and intends to intervene in the case.

"We are confident that the thorough review conducted by ADEQ and its decision to issue Copper World its air permit, will be upheld by the court," the company said in a statement.

The mine would operate on the Santa Ritas' west slope, extracting copper from six open pits, for up to 20 years. It has the potential to be operated for longer periods on the mountains' east slope if mining company Hudbay Minerals' Inc. can overcome legal objections that stopped mining from occurring on federal land there.

Hudbay has said the mine will create 400 permanent jobs and indirectly generate up to another 3,000 jobs. It has also projected the mine will generate more than $850 million in U.S. taxes, including approximately $170 million in taxes to the state of Arizona.

"Hudbay remains committed to advancing the Copper World project in a responsible and transparent manner. The project will deliver significant benefits to southern Arizona, including economic growth, job creation, and a reliable supply of domestically mined copper, which is critical to supporting America’s infrastructure and energy security," the company said.

But opponents said the permit fails to include advanced controls for particulate matter pollution, such as enclosing mining stockpiles and using state-of-the-art engineering to contain and control pollution from mining waste dumps, including a toxic slurry of tailings.

“The air pollution permit will allow Hudbay to pile massive tailings dumps containing toxic chemicals like lead, cadmium and arsenic very near homes and schools in the Corona de Tucson community,� said Rob Peters, executive director of Save the Scenic Santa Ritas. “Our frequent strong winds will blow this dust into the community. Gov. Hobbs should order the ADEQ to protect our health and stop greenlighting this dangerous project.�

A difference between the two types of permits is the U.S. Environmental Protection Agency is required to evaluate a Class 1 permit before it's approved — but not with a Class II permit.

Nichols said that requirement has benefited opponents in their current legal case against ADEQ's approval of an air quality permit for the South32 Hermosa Mine near Patagonia. ADEQ issued a Class 1 permit for that mine in August 2024, and EPA didn't object although it did comment on the permit. But because it was a Class 1 permit, opponents could petition EPA to object and file suit if it doesn't, which they just did on January 21, Nichols said.

"I can't overstate how critical that EPA role is in the Class I permitting process. Having that layer of federal review is so important as too often states turn their backs on the strict requirements of the Clean Air Act," Nichols said.

Being able to petition EPA to object to an air permit provides "a critical avenue for the public to secure federal review and oversight," he added.

Nichols took strong exceptions to ADEQ's statements that Class I and Class II permits have little regulatory differences and that the Class II permit for Copper World and those in some other cases are stricter than a Class I permit.

"While a Class I permit may incorporate many terms and conditions that would also be a part of any Class II permit, fundamentally the permit would overall be stronger, more enforceable, and subject to more critical scrutiny," he said. "For ADEQ to assert that a Class I permit would somehow be less stringent than a Class II permit indicates a serious misunderstanding of their clean air laws and regulations and further underscores the need for groups to appeal here."

In issuing the Copper World permit, ADEQ sought to directly rebut the argument that a Class 1 permit was required for Copper World. Responding to public comments, the agency noted that first, Class 1 permits are required for any "major source" that emits 100 or more tons per year of any pollutant.

For air quality permits associated with mining, state and federal laws don’t allow ADEQ to consider fugitive emissions, or those that can’t reasonably be expected to pass through a chimney or vent, to make permit classification determinations, the department said.

The department said the total emissions that will come from particulate matter — by far the single biggest source of emissions from the mine — still won't exceed the minimum threshold of 100 tons per year for requiring a Class 1 permit.

In their appeal, opponents disagreed, citing an ADEQ table that showed the mine has the potential to emit 196 tons per year of general particulate matter. That's almost twice as many as the threshold for having a Class 1 permit. That the 100-ton-per-year standard is met "cannot genuinely be disputed," the appeal said.

Opponents also said the air permit ignored a major source of pollution from the mine that will occur outside its boundaries — trucks kicking up dust along a seven-mile stretch of the dirt Santa Rita Road that leads to the mine site.

Trucks delivering copper concentrate from the mine, and other vehicles carrying commuters to it, will travel a 7.7-mile stretch of that road, the Pima County Department of Environmental Quality has said.

“Not only does the ADEQ permit fail to adequately control air pollution from the mine site, but it also ignores a huge amount of air pollution that will result from heavy trucks traveling across an unimproved dirt road that was never intended be used for industrial traffic,� said Nan Stockholm Walden of FICO, in Friday's news release.

In response, Hudbay Minerals has said it acknowledges concerns about dust on that road and is willing to work with government agencies to try to mitigate it.

Hudbay is committed to reducing fugitive dust and working with the county on appropriate dust control measures, the company has said. 

It's too early to provide "precise traffic estimates" for the mine project, the company said in response to a question from the Star about how many trucks will drive the road each day.

"Santa Rita Road is a public road. Dust on Santa Rita Road is a concern that Hudbay shares and is proactively taking steps to address. At this time, it is too early to provide precise traffic estimates for the Copper World project. Copper World will mitigate its dust impacts no later than commencement of production," the company said.