EPA Public Comment Due on Toxic Injection permit

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The EPA has issued revised draft permits for toxic mining waste water wells and disposal wells for the proposed uranium mine on the southwest edge of the Black Hills (Powertech’s Dewey-Burdock project) with the public comment online deadline scheduled for Oct. 10, 2019.

Three important items NEED ACTION:

1. Email the EPA now requesting a 90 days Extension.

URGENT: We urge you to email Valois Robinson with the EPA Region 8 to request a 90 day extension on the Oct. 10th comment period deadline.

Why? Because a Uranium Company received a little over 6 Months to review documents, including addition items added, while we are only getting a little over a month!

Please Note: Do not email your public comment to Valois Robinson as it will not count. You must use the Gov’t. Portal or by regular mail to the address below.

We’re providing you a Sample letter to request a 90 day extension below for you to use.

2. Public Hearing on Oct. 5th

PREPare Rally scheduled for Friday, Oct. 4th. Hosted by Dakota Rural Action.

Plan to join us on Saturday, October 5, at The Mueller Center at 801 South 6th Street Hot Springs, SD and voice your opposition to injecting toxic uranium wastewater in to our aquifers. The EPA Hearing begins at 9:00 AM.

Update: PREPare Rally scheduled for Friday, Oct. 4th.

A PREPare Rally is being organized and hosted by Dakota Rural Action in conjunction with their Annual Membership Meeting being held at Camp Rimrock in the Black Hills.

Nick Tilsen, NDN Collective, will be the Keynote Speaker.

Lilias Jarding, Clean Water Alliance, will give an overview on Uranium mining and the EPA process, including talking points for your public comment.

This PREPare Rally is scheduled from 5:30 PM – 9:00 PM to help people to PREPare their pubic comments, provide information and talking points. We will also be making signs for the Oct. 5th hearing in Hot Springs.

Hors D’oeuvres and Refreshments will be served.

Location: Camp Rimrock, 23125 Thunderhead Falls Rd., Rapid City, SD – Click Here for Directions

Overnight cabins available. Tenting and RV areas available. Rustic cabins and camping. Come self-sufficient. If you are planning to stay overnight at the camp grounds, please RSVP with an email to Jordan Walker at jordan@dakotarural.org

3. Public Comment Due Oct. 10th

Unless people urge the EPA for an extension and it’s granted, please be aware that this comment period WILL END on Oct. 10th at 11:59 PM EST.

All written comments must either be submitted via the online portal or by regular mail to the address below.

IT’S HIGHLY IMPORTANT TO send a quick e-mail to the Environmental Protection Agency (EPA) and request a 90 day extension on the Oct. 10th deadline. We urge you to email Valois Robinson NOW! (See sample letter to use.)

DON’T LET THIS Uranium Company Get 6 Months while we get just over one!!

While Powertech has known this would happen in late August for over 6 months (according to EPA document), the public has just been told in the last few days. This means the company has had plenty of time already to get their information and comments gathered. The public is only being given a little over 30 days to study and respond to hundreds of pages of information.

In addition to seeking comments on the Class III and V draft area permits, the EPA noted they were also seeking public comment on the following three additional items:

  • 1) the identification of traditional cultural properties at the Dewey-Burdock Project Site Area of Potential Effects, on the potential adverse effects of the proposed project, and on measures to avoid, minimize, or mitigate potential adverse effects on historic and traditional cultural properties pursuant to Section 106 of the National Historic Preservation Act and 36 CFR § 800.2(d) and § 800.6(a)(4);
  • 2) options for approval of the aquifer exemption that Powertech requested related to the Class III permit application which are discussed in the Aquifer Exemption draft Record of Decision; and 3) a revised draft environmental justice analysis for the Dewey-Burdock UIC permitting actions.
  • 3) a revised draft environmental justice analysis for the Dewey-Burdock UIC permitting actions.

Here’s a suggested letter to use to request this 90 day extension.

Note: Please only email Valois Robinson to request the 90 day extension and not your public comment as it will not count. If you want to officially file your public comment on (and we need everyone to do that), go to www.regulations.gov/docket?D=EPA-R08-OW-2019-0512 and comment there.

Copy and paste the following.

RE: EXTENSION REQUEST of Public Comment on Docket ID: EPA-R08-OW-2019-0512
Agency: Environmental Protection Agency (EPA)

Email: robinson.valois@epa.gov

Dear Ms. Robinson.

I am emailing you today to urge the EPA to extend the Public Comment deadline on the Dewey-Burdock underground injection control permits. I request that you extend this deadline by an additional 90 days based on the fact that (according to an EPA document) Powertech was made aware of this upcoming public comment schedule well over 6 months ago, and that according to the EPA notice there is now additional items added to this public comment, which include; 1. the identification of traditional cultural properties, 2. options for approval of the aquifer exemption, and 3. a revised draft environmental justice analysis.

Since Powertech was given ample notice to review these new documents, gather information and/or lobby as they need to prepare, it’s not fair that the Public is only being allowed just over one month to do the same needed tasks. This is not fair nor equal treatment when one party gets a lengthy heads-up and the other party doesn’t receive the same time consideration.

I thank you in advance for your fair and equal time consideration on this request for an addition 90 days.

Sign “Your name here”

If you lead an organization, please make this request as an individual and on behalf of the organization.

If an extension of time is granted you will be notified by the EPA (if you emailed Ms. Robinson for the extension), otherwise, all comments will be due by Oct. 10th at 11:59 PM EST via the Regulations.gov portal or via snail mail to:

Valois Robinson
U.S. EPA Region 8
MailCode: 8WD-SDU
1595 Wynkoop Street
Denver, CO 80202-1129


We’ll put out some talking points as soon as possible.

And remember to mark your calendar for October 5th for this public comment hearing being held at the Mueller Center in Hot Springs. Gather up your comments, your family, friends, and gas money. You are needed!


Following is the EPA Email notice sent out on or about Aug. 28th

The U.S. Environmental Protection Agency (EPA) is requesting public comment by Oct 10, 2019 11:59 PM ET on two Underground Injection Control (UIC) Draft Area Permits and one associated proposed aquifer exemption decision for the Dewey-Burdock uranium in-situ recovery (ISR) site located near Edgemont, South Dakota, under the authority of the Safe Drinking Water Act and UIC program regulations. The Dewey-Burdock site is located in southwestern Custer County and northwestern Fall River County, on the Wyoming/South Dakota border. Please feel free to share the attached fact sheet flyer with other interested parties. Public notices are also being published this week in local news sources.

Written comments must be submitted online at regulations.gov under docket number EPA-R08-OW-2019-0512. Comments may also be sent by mail to Valois Robinson, U.S. EPA Region 8, Mail Code: 8WD-SDU, 1595 Wynkoop Street, Denver, CO 80202-1129.

The EPA has also scheduled a public hearing on the following date, time and location:

Saturday, October 5, 2019, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 pm at the:
The Mueller Center
801 South 6th Street
Hot Springs, South Dakota 57747

The public may also provide written and/or verbal comments during the public hearing.

The Administrative Record for these UIC Program proposed actions is available for review at: https://www.epa.gov/uic/uic-epa-region-8.

Summary: The EPA Region 8 UIC Program is re-issuing two Draft UIC Area Permits to Powertech (USA) Inc., Suite #140, 5575 DTC Parkway, Greenwood Village, Colorado 80111, for injection activities related to uranium recovery. One is a UIC Class III Area Permit for injection wells for the ISR of uranium; the second is a UIC Class V Area Permit for deep injection wells that will be used to dispose of ISR process waste fluids into the Minnelusa Formation after treatment to meet radioactive waste and hazardous waste standards. The EPA is also re-proposing an aquifer exemption approval in connection with the Class III Area Permit to exempt the uranium-bearing portions of the Inyan Kara Group aquifers. The EPA requested public comments on these permit actions in March 2017. After reviewing the comments received and modifying the draft actions, the EPA is requesting additional public input on these actions. At the close of the public comment period, the EPA will review and consider all comments received during both the 2017 and 2019 public comment periods and during all the public hearings and make decisions on final actions. The EPA will also prepare a written statement addressing all the comments received that are relevant to the UIC Class III and V Draft UIC Area Permits.

Information Available for Review: All information submitted by the applicant and generated by the EPA during permit application review is available for public review as part of the administrative record and is available on the EPA Region 8 UIC Program website: https://www.epa.gov/uic/uic-epa-region-8. Available documents include the permit applications, draft Permits, fact sheet documents and other supporting documents. A paper version of the administrative record is also available for public viewing in the EPA Region 8 Library located on the third floor at 1595 Wynkoop Street, Denver, Colorado, 8 a.m. to 4 p.m., Monday through Thursday, excluding federal holidays. All visitors to the Region 8 office must show a picture ID such as a current driver’s license. Visitors must also register at the guard desk in the lobby before proceeding to the Library.

In addition to seeking comments on the Class III and V draft area permits, the EPA is seeking public comment on: 1) the identification of traditional cultural properties at the Dewey-Burdock Project Site Area of Potential Effects, on the potential adverse effects of the proposed project, and on measures to avoid, minimize, or mitigate potential adverse effects on historic and traditional cultural properties pursuant to Section 106 of the National Historic Preservation Act and 36 CFR § 800.2(d) and § 800.6(a)(4); 2) options for approval of the aquifer exemption that Powertech requested related to the Class III permit application which are discussed in the Aquifer Exemption draft Record of Decision; and 3) a revised draft environmental justice analysis for the Dewey-Burdock UIC permitting actions.

If you have any questions, please feel free to send an email to Valois Robinson at robinson.valois@epa.gov. Please note that public comments will only be accepted online or by postal service mail and not at this email address.

Valois Robinson
U.S. EPA Region 8
MailCode: 8WD-SDU
1595 Wynkoop Street
Denver, CO 80202-1129
Phone: (303) 312-6276
Fax: (303) 312-6741
Email: robinson.valois@epa.gov