WASHINGTON— The Environmental Protection Agency has rejected Arizona’s approval of an air pollution permit for a new mine in the Patagonia Mountains south of Tucson.

The EPA’s May 30 ruling found the Arizona Department of Environmental Quality failed to comply with the Clean Air Act when approving a permit for the multinational mining company, South32, to build and operate the Hermosa heavy metals mine. The order issued on May 30 follows a legal petition filed by the Center for Biological Diversity, Patagonia Area Resource Alliance, and other groups.

“The Arizona Department of Environmental Quality threw clean air and a healthy environment under the bus when approving the Hermosa mine’s air pollution permit,” said Jeremy Nichols, a senior advocate at the Center. “Thankfully the Clean Air Act is still working and holding the mining industry accountable for protecting air quality and communities.”

The Hermosa mine threatens to release hundreds of tons of toxic air pollution every year, putting clean air, biodiversity and the health of nearby communities at risk.

The EPA found the permit failed to assure adequate monitoring of particulate matter air pollution, failed to establish enforceable pollution limits, failed to ensure adequate monitoring of emission control systems, and failed to ensure the Hermosa mine complied with federal air quality regulations.

The Arizona Department of Environmental Quality was ordered to revise the permit to comply with the Clean Air Act.

“It’s outrageous the Arizona Department of Environmental Quality’s permit did not rise to the stated mission of the agency, which is to protect and enhance public health and the environment in Arizona,” said Carolyn Shafer with the Patagonia Area Resource Alliance. “This permit should never have been issued in the first place. The EPA’s ruling confirms how misguided the Hermosa mine is.”

The mine would be dug into the Patagonia Mountains, a biodiversity hotspot and a drinking water source for Santa Cruz County. It would be located only five miles from the town of Patagonia, a community sustained by local businesses and ecotourism.

Despite widespread opposition, the state approved the Hermosa mine’s air pollution permit last August.

In a petition filed in September, a coalition of health and environmental groups requested that the EPA object to the air pollution permit for the Hermosa mine.

The Arizona Department of Environmental Quality now has 90 days to fix the permit, or the EPA will be required to take it over and potentially deny it.

More information about the Center’s fight against air pollution is available at Protecting Air Quality Under the Clean Air Act.