L’Anse – The Michigan Department of Environmental Quality cannot accept a Michigan Technological University chemical analysis of citizen-collected snow as evidence of a possible fugitive dust compliance violation, according to DEQ air quality inspector Ed Lancaster.

DEQ employees are required to collect any samples that be will used for official purposes themselves, Lancaster said, and the single sample he’s collected since the first complaint in years was lodged a few months ago didn’t show anything the DEQ considered suspect.

Normally, said Lancaster, he takes samples personally in response to citizen complaints, but with an office in Marquette and a large territory, it can be difficult to respond in time for what concerned citizens say is a sporadic phenomenon.

“I haven’t had many calls,” he said. “I had a call Nov. 15, on a Sunday. I happened to be out of town and wasn’t able to respond to that complaint.”

“If people still have concerns, or issues with fugitive dust leaving the facility, they need to contact me as soon as possible,” he added. “I’m two hours away, and I need to get there as soon as possible.”

Anyone with a concern can contact the DEQ’s Marquette office at 906-228-4853, or call DEQ’s statewide environmental assistance center at 800-662-9278. Outside business hours, there’s the DEQ emergency alert system at 800-292-4706.

Fugitive dust, Lancaster explained in an October interview, is airborne dust created, in L’Anse-Warden’s case, when the power plant chips wood and used tires for fuel. Fugitive dust containment – keeping it from drifting into surrounding areas – is specifically regulated in the plant’s renewable operating permit (ROP).

“As far as I know, they’ve been putting up tarps to try and control it,” he said. “I think they were aware of the complaints, and that’s why they’re looking at trying to control the dust.”

The EPA is the primary agency in charge of issuing and enforcing L’Anse-Warden’s emissions permits. But the federal Environmental Protection Agency also became involved in November after L’Anse-Warden reported an out-of-compliance hydrogen chloride smoke stack test.

“EPA issued a Section 114 Information Request to the L’Anse Warden Electric Company, L’Anse, Michigan on November 3, 2015,” an EPA spokesperson acknowledged in a written statement. “The EPA will review the response from the company and could pursue enforcement if violations are identified.”

The failed stack test came in the midst of the plant’s five-year ROP renewal process – a point when the DEQ can change regulations – and the process is now on hold until the DEQ declares the plant back in compliance.

The EPA refused to answer specific questions on whether fugitive dust or any other specific concerns would be focuses of their inquiry.

An employee of the Western Upper Peninsula Health Department said local health departments have no authority to deal with industrial pollution concerns. They will accept complaints, though, and refer them to the DEQ or other appropriate agency.