Kuantan MP : Lynas Has Fooled Us All!

Lynas plans to dilute the radioactive waste, declassify it from being labelled as radioactive and dispose of it as commercial items. Irresponsible and unethical behaviour, YES, but yet gets a green light from the Malaysian authorities.

Initially in 2008, AELB was the only regulator for LAMP. Then MOSTI and MITI came together before the visit by IAEA in May 2011. But to date the Ministries that are responsible for Lynas has been increased to four Ministries. Refer Joint statement of the four ministries on the 22nd February 2012. It finally has dawned upon the Najib’s administration that the hazards regarding LAMP is multifaceted in nature and dealing with LAMP requires multi-disciplinary intervention.

However the presence of the various Ministers and Ministries does not add to the efficiency in managing LAMP, but rather adds more complications and contradictions, as is usually the case in Malaysia when we work across agencies. Clearly no lead agency is calling the shots in Lynas’ case. Or AELB may be the lead agency, but at the same time proving to be very incompetent in regulating Lynas.

Day after day the public continue to be fed with alarming and contradictory statements regarding LAMP’s safety. The various Ministers as well as the regulatory body, AELB can’t even seem to agree on the contents or the radioactivity of the waste. They even fall into the trap set by Lynas to label Lynas’ waste as ‘residue’ instead of ‘hazardous and radioactive waste’.

First the Health Minister announced that Lynas must send their waste back to its country of origin. Later the Prime Minister overruled and said that the waste will have to be transported out of Gebeng. Latest the Minister for MITI is quoted as having said that the waste from LAMP is not radioactive in nature, thus can be sent abroad with just a letter of undertaking. While the various Ministries had parroted that LAMP is safe, it’s only the Minister of Natural Resources and Environment who had been silent so far. The Minister of NRE had also failed to answer why a Detailed EIA was not conducted prior to issuance of the TOL, when the law now clearly has made it compulsory to have a DEIA on LAMP.

I would like to bring to your attention the following data presented by Lynas in their Radioactive Waste Management Plan (RWMP pg32) that was on display in January 2012.

Characteristics and Radioactivity of the 3 waste streams:-

Total activity of FGD=0.47 Bq/g
(FGD-Flue Gas Desulphurisation)

Total activity of NUF=0.52 Bq/g
(Neutralisation Underflow Fluid)

Total activity of WLP=62.3 Bq/g
WLP (Water Leach Purification)

This is not taking into account the thousands of cubic metres of treated liquid waste, discharged from LAMP on a daily basis, which may also have some radioactive materials in it. We do not know for sure how much, since Lynas does not have a pilot plant anywhere. The Gebeng plant will be the testing place with the issuance of the TOL.

Since we have been assured by the Minister of Science and Innovation in Parliament that Malaysia follows International standards and the cut off point for a waste to be classified as radioactive waste is 1Bq/g. Clearly the WLP waste is classified as radioactive waste and has to be regulated by AELB under Act 304.

The FGD and NUF even though is not classified as radioactive waste, are classified as hazardous waste since it also contain radioactive elements. These two waste streams will be regulated by DOE under the Environmental Quality Act.

In the RWMP, Lynas presented a best case scenario and a worst case scenario for management of their hazardous and radioactive waste. The best case scenario is to recycle their waste and to commercialize the FGD and NUF waste into gypsum boards and fertilizers.

Basically if this is allowed to happen, Malaysia will be legalizing Lynas to scatter their radioactive waste EVERYWHERE.

At the same time Malaysian authorities will be allowing the public to be exposed to the hazardous and radioactive materials. Through the fertilizers, the radioactive materials will find its way into our food chain. The thorium in the waste have a half live of 14 billion years and is carcinogen in nature. In the process of the decay which will take a very very long time, radioactive gases will be released and it will finally stabilizes as lead.

The Malaysian authorities in its endeavour to pacify the public and to cover up its mistakes in bringing Lynas to Malaysia, will actually be exposing the whole international community to the hazards contained in the waste.

All these while Lynas has used the external radiation reading as a measurement of their safety, knowing that they can easily get away with it. But external radiation alone does not explain the various exposure pathways that the public is subjected to when dealing with radioactive waste.

Regards to the WLP, Lynas plans to commercialize this waste which is classified as radioactive waste by first diluting it to below 1 Bq|g so that it is declassified from being labelled as radioactive waste. Following which the waste will be commercialized as base materials in the construction for roads (this was announced by Lynas in January 2012).

This is the best case scenario that is being presented and seems to be accepted by the authorities right now. The worst case scenario is the PDF.

Malaysia somehow does not seem to appreciate that this activity is an irresponsible unethical behaviour and tantamount to cheating the public.

Nowadays, the internationally accepted criteria for hazardous and radioactive waste disposal are based on the total amounts of contaminants of hazardous materials and not the concentrations of the contaminants alone.

Diluting the WLP will make it non-radioactive by classification, but the total amounts of radioactive materials in the waste will still remain the same! (Based on the Law of the Conservation of Mass)

Dilution of effluent is not allowed under regulation 17 of the Environmental Quality (Sewage And Industrial Effluents) Regulations, 1979 which is as follows:-

17. Dilution of effluent
No person shall dilute, or cause or permit to be diluted, any effluent, whether raw or treated at any time or point after it is produced at any premises unless prior written authorisation of the Director-General has been obtained for the dilution and the dilution is done according to the terms and conditions of the authorisation.

Malaysia must study how Lynas’ competitor, Molycorp soon to be in operations in 2013 plans to manage their radioactive waste. Molycorp in their documents have announced that they will have zero liquid discharge and all solid waste will be buried underground in concrete bunkers lined with lead walls. (Molycorp’s ore from Mt Pass in California have less thorium and uranium contents than Lynas’s Mt Weld ore)

Lynas has made a mockery of Malaysian Laws and has fooled the whole of Najib’s administration. They also made the Ministers look so incompetent when these Ministers were caught just repeating what Lynas tells them without having a clear understanding of Lynas’ misleading plans.

I continue to assert that Malaysia does not have the capacity nor the competency to regulate the largest rare earth refinery outside China. Neither does Malaysia has the capacity to develop a set of Best Practice for a rare earth refinery without referring to the China Standards.

LAMP must NOT be allowed to operate anywhere in Malaysia.

YB Fuziah Salleh
Member of Parliament for Kuantan, Malaysia

Reference links:-

6th March 2012 – International Trade and Industry Minister Dato’ Sri Mustapa Mohamed said Lynas pledges to send rare earth waste abroad.
http://www.themalaysianinsider.com/malaysia/article/lynas-pledges-to-send-rare-earth-waste-abroad/

2nd March 2012 – Prime Minister Dato’ Sri Najib Tun Razak said will store Lynas’ waste in Malaysia but away from populace.
http://www.themalaysianinsider.com/malaysia/article/najib-says-will-store-lynas-waste-here-but-away-from-populace/

1st March 2012 – Health Minister Dato’ Sri Liow Tiong Lai said Lynas’ waste will send back to Australia, despite Australian government reiterated many times it won’t accept the waste.
http://www.themalaysianinsider.com/malaysia/article/lynas-must-ensure-australia-accepts-waste-says-tiong-lai/

22nd February 2012 – Joint Ministerial Statement on Lynas by
1. YB Dato’ Sri Mustapa Mohamed, Minister of International Trade and Industry
2. YB Datuk Seri Panglima Dr. Maximus Johnity Ongkili, Minister of Science, Technology and Innovation
3. YB Dato’ Sri Douglas Uggah Embas, Minister of Natural Resources and Environment
4. YB Dato’ Sri Liow Tiong Lai, Minister of Health
http://www.doe.gov.my/portal/wp-content/uploads/Joint_Ministerial_Statement_final-version_Lynas.pdf

Pahang MB proposed dumping Lynas’ radioactive waste in Sungai Lembing & threatened politicians for getting involved in the Stop Lynas campaign

 

Press statement of Stop Lynas Coaltion(SLC) & Save Malaysia Stop Lynas (SMSL) on

March 7, 2012

Last night at a dinner function in Kantian, the Menteri Besar of Pahang Dato Seri Adnan Yaakub suggested to the Senator from Sungai Lembing that the Lynas radioactive waste should be dumped in the disused mine shafts in his valley resort town.

“The MB’s suggestion will ruin Sungai Lembing and returning it to its past post mining doom.  This inland valley has just managed to turn that around through a burgeoning tourism trade in recent years.“ Said Mr Tan Bun Teet of SMSL.

“The thousands of tourists who visit this lovely town each year will go elsewhere in the presence of a radioactive waste dump.  Imagine the loss of livelihoods and income for the local people?”Asked Mr tan

The Lynas rare earth refinery plant is at its final stage of construction at present.  Tests are still underway.  Early in February a temporary operating licence was issued to Lynas Malaysia on five conditions.  One of the conditions requires Lynas to secure a permanent disposal facility for its radioactive waste.  To date, no location has been formally announced.

Encik Andansura Rabu, Head of a community organisation to Stop Lynas known as BADAR (Badan Bertindak Anti Rare Earth Refinery) as well as Stop Lynas Coalition(SLC) remarked,

“Even if a permanent waste dump is found, what about the 500 tonnes of effluence and 100,000 cubic metre of waste gas that will be discharged into our river and the sea EVERY HOUR?”

“Communities in Balok live close to the plant – only a few kilometres away.  Some live along the Balok River and along the coast where Lynas’ waste water will flow into the South China Sea.  How will they live if their seafood and the sea become polluted?” Encik Rabu asked.

Additionally, Sungai Lembing is an important water catchment for Kuantan.  Ground water contamination and contamination of water supply are both highly likely in a wet tropical country like Malaysia.  The MB also warned local politicians against taking part in any Stop Lynas activities or they would face repercussions should the ruling Barisan National returns to power at the next election.

BADAR and SMSL called on the people of Pahang to voice their concerns and stand out for their rights to fight for a cleaner and safer future for their family and their country.

“We are appalled by the MB for making this ludicrous and damaging suggestion. Australia will be getting A$18 millions (or MYR55 millions) in taxes from Lynas each year.  All we will be getting in Pahang are Lynas’ toxic waste and pollution.  Dato Seri Adnan Yaakub is not fit to be Pahang’s Menteri Besar if he puts the need of a foreign company who pays no tax over the health and welfare of the state.” Concluded Mr Tan and Encik Rabu.

Western Australian NGO wants Lynas LAMP to back home!

Aussie NGO: Gebeng not part of Lynas’ blueprint

Stephanie Sta Maria | March 6, 2012 from Free Malaysia Today

【Audio record by Bersihkan Malaysia (Perth)】 Interviews following ANAWA / EDO submission of appeal to WA EPA today : http://dl.dropbox.com/u/28244409/Audio%20recordings/Stop%20Lynas-%20Save%20Malaysia.wav

ANAWA claims that Lynas' massive changes to its plan has resulted in its plant being built in Gebeng where laws are looser and labour is cheaper.

PETALING JAYA: The Anti-Nuclear Alliance of Western Australia (ANAWA) has revealed that Lynas Corporation Ltd was supposed to build its plant in Western Australia and not Malaysia.

According to ANAWA, Lynas’ 14-year-old blueprint indicated that the Australian mining giant had orginally planned to build its processing plant in Meenar a decade ago. But until today there had been no signs of any development on the intended site.

ANAWA spokesperson Marcus Atkinson told FMT that the orginal approvals were given by the Environmental Protection Authority (EPA) for Lynas to ship rare earth to buyers and confirmed that he had viewed these relevant documents firsthand.

However, he said that Lynas had since made numerous alterations to its operations to the point that its rare earth refinery had now landed in Malaysia.

“Instead of transporting processed rare earth, it is now shipping a concentrate which contains thorium and other radioactive material with more heavy metals,” he told FMT.

Atkinson admitted that they had been more focused on Lynas’ operations in Australia until the uproar in Malaysia reached their ears and they realised that Lynas’ had made “massive” changes to its plans.

“Now it involves Malaysia and our moral responsibility,” he said. “This is a complete change to the original project hence why we are urging the EPA to review Lynas’ approvals.”

ANAWA and Australia’s Environmental Defenders Office (EDO) lodged a referral with the EPA this morning calling on the latter to reopen the project and revisit Lynas’ “outdated” approvals.

Atkinson had yesterday raised deep concerns over the amount of radioactive material being transported from Mount Weld to Fremantle Port for export and called for stronger regulations to be put in place to ease the fears of the surrounding community.

He had also drawn attention to the fact that Lynas had sparked off Malaysia’s largest environmental campaign with its RM2.5 billion Lynas Advanced Materials Plant (LAMP) in Gebeng, Kuantan.

The nationwide Himpunan Hijau 2.0 rally held on March 26 saw more than 15,000 people gathering to demand that Lynas be ousted from Kuantan.

Less stringent laws

Atkinson added that ANAWA and EDO strongly believed that Lynas had chosen to move its operations to Malaysia because of the heavy metals and radioactive waste involved in the processing.

“We believe Lynas picked Malaysia to save money and enable it to operate under less stringent laws,” he stated.

“The biggest concerns about the processing are the storage and waste management issues which are made more difficult in Gebeng which we understand to be wetlands.”

Asked if Lyns would be allowed to operate in the same manner and with the same liberty in Western Australia as in Gebeng, Atkinson firmly replied in the negative.

“There is no way it could operate the way it is in Malaysia over here,” he said. “Australia’s laws are much more stringent.”

Atkinson issued a further call for the International Atomic Energy Agency (IAEA) to be scrutinised for downplaying the levels of radioactivity soon to be produced by Lynas’ operations.

“Just because the radioactive elements fall below the IAEA’s levels it doesn’t mean that the products don’t contain any radioactivity,” he pointed out.

EDO and its lawyers would also be issuing a letter to Lynas today urging it to stop any plans for the exportation of rare earth until the EPA reached a decision following the referral submission.

The EPA was expected to revert to ANAWA and EDO within 28 days on whether it would reopen the case or if Lynas’ current approvals were good enough.

“If they refuse to review the project then we will file a court case against it,” Atkinson promised.

Lynas’ letter of undertaking
Meanwhile in another development, International Trade and Industry Minister Mustapa Mohamed said today that Lynas had given the government a letter of undertaking to send its rare earth processing residue abroad if it cannot find a suitable waste disposal site in Malaysia.

The Star Online reported Mustapa as saying that the move was taken as an assurance to the people’s psychological and emotional safety.

“Even though the government is satisfied there will be no radioactive residue produced during the plant’s operation, we have ordered Lynas to guarantee and plan the provision of a permanent waste disposal facility far from human population as recommended by the International Atomic Energy Agency.

“Failing which, Lynas has already expressed willingness to take the residue out of Malaysia,” he said in a joint statement with Pahang Menteri Besar Adnan Yaakob in Kuantan.

The report also quoted the minister as saying that the Western Australia Resources Minister Norman Moore had confirmed on Feb 29 that the rare earth’s radiation level was very low.

“The fact is, the rare earth does not need to be controlled by Australia because it is not dangerous but in Malaysia, AELB is overseeing the project after considering the public’s opinion,” he added.

Mustapa said the government was urging Lynas to take extra care for the sake of the people, and not because of “threats by Himpunan Hijau” which had said it would hold another anti-Lynas rally if the government refuse to shut down the project.

Australian Residents to Block Lynas' Way

*Please visit www.StopLynas.org for more updates from the Australia side

Aussie NGOs say Lynas approvals outdated

Stephanie Sta Maria | March 5, 2012 from Free Malaysia Today

12 Malaysians from SMSL protested in front of Lynas HQ last year July 2011 at 56 Pitt Street, Sydney.

The NGOs want Lynas' approvals examined and calls for stringent safeguards to protect Australian residents along the radioactive materials transport route.

PETALING JAYA: The Lynas Corporation Ltd controversy is nowhere near an end in Malaysia but already the Australian mining giant is bracing itself for another altercation – this time in Australia.

Australia’s Environmental Defenders Office (EDO) today announced through a media statement that it will be lodging a referral tomorrow on behalf of the Anti-Nuclear Alliance of Western Australia (ANAWA) to the Environmental Protection Authority (EPA) on Lynas’ operations at Mount Weld.

According to ANAWA spokesperson, Marcus Atkinson, Lynas has made a number of changes to its procedures which have not gone through the appropriate approvals.

“Lynas are currently operating under approvals issued to them 14 years ago,” he stated. “There are major concerns about the amounts of radioactive materials being transported from Mt Weld through Fremantle Port.”

“Health and safety issues need to be thoroughly examined to ensure the best protection of those involved in the handling of this material.

Atkinson noted that Lynas has proposed the export of West Australian rare earths to a “controversial” processing plant in Malaysia.

He also observed that the Lynas Advanced Materials Plant (LAMP) has been facing delays due construction defects, and “strong local opposition”.

Atkinson made reference to the nationwide Himpunan Hijau 2.0 rally on Feb 26 in which 15,000 people gathered at the main venue in Kuantan to voice their opposition to the RM2.5 billion plant.

“The Lynas project has sparked Malaysia largest ever environmental campaign,” he pointed out.

In urging the EPA to take a serious look at the Mt Weld operations and the transportation of radioactive material to Fremantle Port, Atkinson also stated the need for “extremely stringent” safeguards to protect Fremantle residents and other communities on the transport routes.

“The approvals given 14 years ago need to be re-examined by the EPA and stronger regulations need to be put in place to ease the fears of the community,” he said.

“We have made many mistakes in the past with the transport of lead and other materials, and we need to ensure that the same mistakes are not made with rare earth products.”

 This unexpected development will add further strength to the voices of anti-Lynas groups in Malaysia and put further pressure on government authorities who approved the LAMP’s temporary operating licence on Feb 1.

Total Disappointment with PM Najib's Administration!

Who is most likely the Father of Toxic Nation for Malaysia ??

 Press statement of the joint press conference March 3, 2012

of Stop Lynas Coaltion(SLC) & Save Malaysia Stop Lynas (SMSL) on

Lynas’ Radioactive Waste to be DUMPED in Pahang Tax Free while
Australia Gets A$18 million in Taxes

Yesterday Prime Minister Datuk Seri Najib Razak’s stated that Lynas must shift its waste away from its Gebeng plant to an isolated location ending speculation that it will be shipped out of the country.  At the same time, Bloomberg reported that Western Australia will be collecting A$18millions in taxes.

[see http://au.ibtimes.com/articles/307787/20120302/lynas-mt-weld-rare-earths-china-malaysia.htm]

“We want our PM to explain why we in Malaysia get NOT a single cent in taxes but have to accept Lynas’ radioactive waste?” queried Mr Andansura Rabu, Chairperson of SLC and Mr Tan Bun Teet, Chairperson of SMSL.

“Where are we going to dump the waste?  In Temerloh, in Pekan, in Maran or in our Taman Negara? “ added Mr Rabu and Mr Tan

According to the Long Term Radioactive Waste Management plan submitted by Lynas Malaysia in its application for the licence for its rare earth refinery (Also known as Lynas Advanced Materials Plant (LAMP)) in Gebeng, the waste will have to be stored in the state of Pahang.

Following the 15,000-strong Stop Lynas rally in Kuantan and other solidarity actions throughout Malaysia, a series of erratic and contradictory statements have been made by various cabinet ministers and the Director-General of the Atomic Energy Licensing Board Raja Abdul Aziz Adnan.

Health Minister, Datuk Seri Liow Tiong Lai on 29th Feb 2012 said Lynas is required to move its radioactive wastes outside of Kuantan and ship them back to Australia. The statement was made after a Cabinet discussion involving three ministers in charge of regulating the Lynas project – they included the Ministers of International Trade and Industry, Science, Technology and Innovation (MOSTI) and the Minister for Natural Resources and Environment.

AELB’s Raja Abdul Aziz Raja Adnan insisted that Lynas’s radioactive waste will not be radioactive any more once it has been treated by Lynas.  He implied that the Western Australia government can take back Lynas’ treated waste.  In reality, radioactivity cannot be rid of through any form of treatments.  It can only be transferred from one waste stream to another and from one kind of residue to another.  In the end it is still radioactive.

The Western Australian Government through the Minister for Mines and Petroleum Norman Moore has stated twice – once in answering to questions raised by Greens MP Robin Chapple in April last year, and when asked by journalist last week – that his Government would NOT accept any radioactive waste from another country including that generated by Lynas.

Malaysia’s suggestion has essentially contravened our commitment under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.  Malaysia is a signatory to the Convention which is legally binding. It is illegal under international law to transport hazardous waste like that from the Lynas plant across national boundaries.

“The Government’s erratic, confusing and factually incorrect statements are a clear indication that it has NO IDEA what to do with Lynas’ radioactive waste.  Why then do we issue the licence to Lynas?  What about rakyat’s health, our livelihoods and our future?” Added Mr Rabu

SLC and SMSL are disappointed that our Government has not heed the strong opposition expressed by local residents and the voices of dissent by Malaysians in general that we do not want the Lynas plant in our country.

“Even if the Government can satisfactorily find a permanent disposal site, what about the 500 tonnes of contaminated run-off from the plant that will be drained into the Balok River and into the South China Sea EVERYDAY? What about the 100,000 cubic metre of waste gas EVERY HOUR that will be polluting our air?”concluded Mr Rabu and Mr Tan.

SLC and SMSL are giving the Government an ultimatum – either PM Datuk Seri Najib Razak and his Administration stop the LAMP from operating in Malaysia or we will embark on a nation-wide campaign to vote this Government out.

                                                               Press Statement
                                           Himpunan Hijau Steering Committee
                                                                  3 March 2012

Najib has yet to hear the voices of the Rakyat!

The Prime Minister made a statement on 26th February 2012 that the disposal of toxic waste materials from the Lynas Advanced Materials Plant (LAMP) must be done at a remote location far away from the local community. 

This same statement was repeated by the Prime Minister yesterday. It is ironic that it was made even though the Himpunan Hijau Steering Committee has immediately responded to his earlier statement by clearly raising the concerns of the people.

Said Wong Tack, Chairperson of Himpunan Hijau Steering Committee, “This evidently shows that the PM is either still very much ill-informed of the concerns of the people or he has intentionally ignored the wishes of the people.” 

“If he is still ill-informed, then we would like to know who is preventing the voices and concerns of the people from reaching our PM.”

“Is there a vicious ploy by certain parties to cut-off the people from his leadership?”

“Whatever it is, we hope our Prime Minister did not make this error in judgement intentionally. This is because a leader who turns a deaf ear to the voices of his people and shows no concern for the opinions of the people will not remain in position for long”’ Wong Tack added. 

We hereby, wish to repeat one more time to our Prime Minister that his suggestion to dump the massive amount of radioactive waste far away from habitated area is totally senseless and unacceptable! His remark reflects a shallow understanding of the ecological system and blatant disrespect of natural environment. 

Every inch of our motherland is a precious natural asset to our nation. The landscape of our countryside is an ecologically sensitive system of forests, rivers and food production farmlands. 

Our Prime Minister must realize that the thousands of acres of land used for permanent disposal of toxic/ radioactive wastes will deprive our children and our children’s children for generations to come from getting near it for billions of years. This permanent radioactive polluting site will subject our whole nation to the risks of widespread contamination and pollutions.

Our Prime Minister must also know that the issue is not only limited to the management of the radioactive waste disposal. Every step of the processing of raw materials from cracking to leaching & purifications to separations to product finishing is highly hazardous and can cause severe irreversible harm to the environment and the wellbeing of the people. 

So, how could our Prime Minister, at this highly crucial moment, still calls for a compromise and a search for a win-win situation?

Urgent Employment of Full Time Lawyer

Global Action Required : Green Ban on Rare Earth Ore Exports to Malaysia

3000 people have already signed the petition, the campaign is growing so we are moving to Care2 so we can reach our goal of 50,000 signatures

 "We are the undersigned,

I call on Western Australian politicians to impose a Green Ban on the transportation and shipping of rare earth ore concentrate from the port of Fremantle to Kuantan, Malaysia.

I support the thousands of Malaysians who are opposing Australian rare earth miner, Lynas Corporation and their rare earth refinery in Kuantan. The Lynas Advanced Materials Plant (LAMP) poses too many threats to the local community and surrounding environments ....."

Please click into the links below to sign the petitions if you are with us. URGENT!

1) to the Western Australian & Australian Federal Politicians

http://www.thepetitionsite.com/1/ban-rare-earth-exports/

and also

2) to the Malaysia Atomic Energy Licensing Board (AELB)

http://www.thepetitionsite.com/1/stop-lynas-save-malaysia/

Picture above features a march on street before reaching the Himpunan Hijau 2.0 venue last Sunday (Feb 26, 2012) in Kuantan which had successfully gathered more than 15,000 protestors to voice out loud againt Lynas' Malaysia rare earth refinery project in Kuantan.

http://observers.france24.com/content/20120301-radioactive-pollution-malaysians-australians-lynas-rare-earth-materials-plant-kuantan-waste-protesters