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Environmental regulation supporting the development of mine water management
case Terrafame Mine
PhD student, M.Sc. (Law), B.Sc. (Economic Geology)
Saara Österberg
31.8.2017, EELF 2017 Copenhagen
Content
1. Object and task (2)
2. Methodology (1)
3. Ex post evaluation (1)
4. Case Terrafame (5)
5. Preliminary results of the study (1)
2
The object of the research project is to discern the role of environmental regulation in R&D of mine watermanagement during the mine lifecycle through case studies(in Finland)
1. Exploration2. Mine development
3. Mine operation4. Closure
Object and task
3
The task of this case study is to analyze how environmental regulation has affected the R&D of mine water management in Terrafame mine through the law enforcement
Environmental permits
1. Regional State EnvironmentalAgency
2. Vaasa Administrative Court3. Supreme Administrative Court
Supervising permits
Centre for Economic Development, Transport and the Environment (ELY)
4
Methodology
• qualitative empirical legal research
• case-study: investigating contemporary phenomen within real-life context (Yin 1994)
• in-depth investigation, descriptive analysis:
How environmental regulation has affected the R&D of mine water management in this case?
• Combining the innovation approach (focused in the final product) and the process approach (focused in the R&D process)
to recognize effects of law enforcement on innovations of mine water management
to recognize the interactive mechanism between the law enforcement and the R&D process of the mine
5
Ex post evaluation
“The evaluation of existing laws and regulations through
ex post impact analysis is necessary to ensure that they are
effective and efficient.” (OECD 2015)
1. How the innovation goals of environmental regulation concerning themine water management have been achieved in the case Terrafame? (innovation approach)
Vedung´s side-effect model
2. How the effectiveness of environmental decisions has been built on theinteraction between the enforcement authority/court and the miningcompany? (process approach)
6
Case Terrafame Mine
• A Finnish multi-metal mining company
• Products: Nickel (NiCoS) Ni 50%,
Zinc (ZnS) Zn 60%, Copper (CuS)
• One of the largest known sulfide Ni/Zn –deposits in Europe
Production methods:
1. Quarrying
2. Crushing
3. Agglomeration
4. Bioheapleaching
5. Metal production
Metal Production (2016)
Nickel 9 554 t (aim 30 000t)Zinc 22 575 t
Total quarrying 14.2 Mt (the annual aim of ore production 18.0 Mt)
7
Outsideoperation
Metal Factory
History of Terrafame Mine
• The deposit of Talvivaara was originally found in 1977 by the Geological Survey of Finland (GTK). The sulfide nickel deposit was large but too poor for existing extractive technology
• The mining rights were obtained by Outokumpu Corp. and were sold to mining engineer Pekka Perä in 2003. The testing of bioheapleaching in Ni extraction from black-schist ore of Talvivaara deposit was started earlier and the results were promising
• The Talvivaara Mining Company was established in 2004. The company was listed on the London Stock Exchange in 2007. Environmental permit of the mine was obtained in 2007 and the mining was started in late 2008
• The problems of the Talvivaara Mining Company were cumulated in consequence of the insufficient mine water management, problems in the ramp-up of the full-scale production, uncertainty of the funding and the fall of metal prices. The situation degenerated into social conflict after a leak of mine waste water from a gypsum waste pond in late 2012. The company decided to file for bankruptcy in 2014. State-owned Terrafame Ltd acquired the operations and assets in August 2015
8
Mine Wastewater Management System of Terrafame (Simplified)
• Closed water cycle in metal factory (from 2013), no wastewater
• The annual rain and snowmelt means 6-10 Mm3 water to the catchment area of the mine
Water (rain and snowmelt) + outside mining operation + metal-containing soil = wastewater
9
The Central WastewaterTreatment Plant
Lime neutralizationBAT, cost-efficient, automatic,
efficent metal precipitation(Before 1/2017 a couple of small lime
neutralization plants)
Reverse Osmosis Plant
Membrane purification processes
forsulphate – containing
water
(2016: 0,7Mm3 pure water)
Water discharge to the Lake Nuasjärvi (pipeline) or nearby watercourse areas (2016: 9,6 Mm3)
Wastewater ponds
Reject with sulphate (2016: 5700t SO4 )
Bioheapleaching process
Metal production
Evaporation
H2O
NeutralizationH2O + Na2SO4
NaFe3+3(SO4)2(OH)6
Administrative Court Decision:
maximum emission of sulphate 12 000 t/year,
1000 t/month in
water discharge
(9/15) *
Supervisory Authority didn´t
allow the additional
discharges as “exceptional situation” in
accordance with Environmental Protection Act,
provision to stop and prevent
discharges (01/16, 04/16)
Administrative Court Decision:
1. TF had to hand over the application
for new Environmental Permit
until 31.8.2017
2. Maximum emission of sulphate
15 000 t /year, 1000 t/month but 2000 t
/month when snowmelt (04/16)
Regional State
Environmental Agency Decision:
The Environmen
tal Permit for the central
wastewater treatment
plant (1/17)
Administrative Court decision:
The decision of Supervisory Authority (1/15) is
overruled. The additional disharges were “the
exceptional situation” in meaning of the
Environmental Protection Act, The decision of Court (9/15)* was contributing to
the situation. (2/17)
Decision of Supreme Administrative Court:
1. The Environmental Permit of the Mine (30.4.2014) has legal
force
2. The permits of the mine water discharge pipeline and the mine
were confirmed to been temporary, valid until
the end of 2018 (as Court 4/16) (5/17)
Terrafamestarted the
mining (08/15), new water-
binding ore to the
bioheapleachingprocess
TF started additional discharges of purified sulphate-containing water from mine site
because of the endangered dam
security (SNOWMELT 12/15)
TF started to lead the
sulphate-containing reject of RO-plant to
the bioheapleaching
(3/16 →)
TF started again additional
discharges because of the endangered
dam security (SNOWMELT 04/16)
TF started the Central
Wastewater Treatment Plant
(1/17)
2016 2017
Mine water management and the law enforcement 08/2015-07/2017
10
4,6Mm3
(10/16)7,3Mm3
(7/16)10,1Mm3
(1/16)
3,8Mm3
(12/16)3,0Mm3
(03/17)
Aim of the water
balance1-3Mm3
Water at mine site
Mine water management and the law enforcement 08/2015-07/2017
The Environmental Permit 2013 (05/2017)
The Environmental Permit 2014 (12/2018)
The Environmental Permit of the discharge pipeline 2015 (12/2018)
The Environmental Permit of the central waste water treatment plant 2017
EIA of the water management 2016-2017
EIA of the mining production 2016-2017
The Environmental Permit 2007
11
The mine water management at Terrafame Mine depends on 1.) the water efficiency of the production process and 2.) the use of BAT – purification
technology. The most of R&D is developing the process and produces process innovations. How has it affected the effectiveness of the law enforcement?
Relatively strict limits for sulphate emissions (water discharge) have affected the water management:
▪ negative side-effects: additional discharges in 2015-2016
▪ pressure for better water treatment instead of maximum use of discharge pipeline to achieve better water balance
The impact problem: the goal has been achieved through the development of the bioheapleaching process but because of the strict regulation or because of the efficient production ramp-up?
Preliminary results of the study
12