WB had posted the link to this meeting in the other board.

This was the follow-on meeting hosted by the NDEP on 25 May where they presented answers to previously submitted public questions. That meeting was in person and it ran very long so they only got about halfway through. This web-based meeting was much more efficient. They finished the Bureau of Mining Regulation and Reclamation’s section (Land Reclamation and Water Pollution Control permits), and then went on to the Bureau of Air Pollution Control’s section. The NDEP is providing their most senior people for these meetings, showing the seriousness with which they are taking the permitting process, no doubt in light of the meaningful public interest/opposition.

In broad terms the NDEP was just answering in good detail public questions mostly around air quality, both how the NDEP will ensure the plan is good (thus issuing the permits), and then ensure compliance. The main public input in terms of follow-up questions was from Ed Bartell, the rancher who has filed one of the lawsuits, and Terry Crawforth, another local who had previously worked in environmental protection. 

The only nugget from the mining side was that for Phase 1, Lithium Nevada will not be permitted to mine below the water table. This doesn’t seem like a big deal to me; it just limits how deep they can go.

Most of the air questions were around the sulfuric acid plant. The engineer from the NDEP clearly likes their plant design. Apparently, the emission of concern is the SO2 measured in parts per million (ppm). He showed that plants similar to LAC’s had emissions of between 100 and 425 ppm, whereas LAC’s design should produce 7.5 ppm (not a typo – less than 10).  This is due to both efficient process design and the fact that they will employ a Tailgas scrubber in the stack. 

Basically the “feel” from the NDEP was that the permits will likely be approved, but not until they’re comfortable. LAC is clearly not being treated with kid gloves because they are being required to answer a number of follow up technical questions. Their latest responses for air pollution control were just received this past Thursday and will be reviewed.

If anyone wants to watch just the most interesting part, discussion on the state of the permits and timeline starts at 1 hr 50 min. In a nutshell, the Notice of Proposed Action (to issue or deny the permit) for the Water Pollution Control and Land Reclamation permits is expected at earliest at the end of July, and for the Air Pollution Control permit not until late August or into mid-September. For the air permit, they are still finishing the mine’s emissions inventory, which they then send to their modelling section who will input the data and make sure the emissions will fit within national and state regulations. 

After the initial notices are issued, there is a 30 day public comment period, and subsequently a public hearing. After this the final permits would be granted, which are reviewable and appealable by the State Environment Commission. So for the air one, which is later, we’re really going to be pushing up against the end of the year.

The permitting process is long and unpredictable. As recently as the 22 April 2021 community meeting, the NDEP was estimating that the Air Pollution Control notice would be issued mid-May. The current timeline is as late as mid-September, 4 months later. For those who criticize LAC management for continually delaying their production date, welcome to what they’re dealing with. 

So it would appear that we’ll be getting Judge Du’s finding on 29 July before we get either of the permit notices. Patience is a virtue! 

Here's the link first posted by WB:

Thacker Pass Permitting Q & A Session – 24 June 2021