[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Proposed Rules]
[Page 2646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 440

[WH-FRL-5937-6]


Withdrawal of Amendment to Ore Mining and Dressing Point Source 
Category; Effluent Limitations Guidelines and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal.

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SUMMARY: EPA is withdrawing a proposed rule published in the Federal 
Register on February 12, 1996 (61 FR 5364). The proposed rule would 
have amended the applicability of certain effluent limitations 
guidelines and new source performance standards governing mines with 
froth-flotation mills to the Alaska-Juneau (A-J) gold mine project near 
Juneau, Alaska. Specifically, EPA proposed to exempt dewatered tailings 
produced by the proposed A-J mine and mill from effluent guidelines 
based on best practicable control technology (BPT) and best available 
control technology economically achievable (BAT), and from new source 
performance standards (NSPS) that appear at 40 CFR part 440, subpart J. 
EPA also proposed that a definition of ``dewatered tailings'' be added 
to 40 CFR part 440, subpart L.

DATES: This proposed rule is withdrawn as of January 16, 1998.

ADDRESSES: Supporting information used in developing the proposed rule, 
including studies prepared as part of a supplemental environmental 
impact statement prepared on the A-J project and comments received 
during the period for public comment on the proposed rule, are 
available for public inspection and copying at the EPA Water Docket at 
Headquarters, Waterside Mall, Room M2616, 401 M Street, SW., Washington 
DC 20460. For access to the Docket materials, call (202) 260-3027 
between 9:00 a.m. and 3:30 p.m. for an appointment. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT:
For information concerning the proposed rule that is being withdrawn, 
you may contact Ronald G. Kirby, Address: Engineering and Analysis 
Division (Mail Code 4303), 401 M Street SW., Washington, DC 20460; 
Telephone Number: (202) 260-7168; Facsimile Number: (202) 260-7185 or 
by e-mail at kirby.ronald@epamail,epa.gov.

SUPPLEMENTARY INFORMATION: The proposed rule would have excluded mill 
tailings from the definition of process wastewater, thereby exempting 
dewatered tailings from the no discharge requirement and in turn allow 
consideration of other disposal technologies. Process wastewaters 
separated from the dewatered tailings and mine drainage wastewater 
would have continued to be covered by the Subpart. In addition, EPA 
solicited comments on whether other mine sites exhibit extreme 
environmental conditions such as those at the A-J mine site. This 
information was requested because the A-J mine site was the only site 
known to EPA that might warrant an exemption from the current Subpart J 
regulations as a result of extreme environmental conditions. In 
addition, EPA solicited information on the types of criteria that could 
be used to establish a more general exemption from the requirements of 
subpart J than that proposed for the A-J site, in the event that 
additional, potentially eligible sites were identified. However, very 
little information was submitted during the comment period that 
warrants further EPA review regarding any other site or criteria.
    On January 14, 1997, Echo Bay Mines announced that it would 
terminate its development plans for the A-J mine project. EPA has 
concluded, in light of the closure of the A-J mine project and the lack 
of information about other mine sites exhibiting similarly extreme 
environmental conditions, that it is unnecessary to continue this 
rulemakig. Therefore, EPA withdraws the proposed rule.

    Dated: December 15, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 98-1115 Filed 1-15-98; 8:45 am]
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