Bristol Bay 404(c) Timeline
January 30, 2023
EPA Announces Final Determination for Pebble Deposit Area
On January 30, 2023, EPA issued a Final Determination under its Clean Water Act Section 404(c) authority to help protect the most productive wild salmon ecosystem in the world. With this action, EPA is limiting the disposal of dredged and fill material associated with developing the Pebble deposit in certain waters that are important to sustaining the region’s salmon resources.
December 19, 2022
Responses to 15-day Consultation Opportunity
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EPA Headquarters Clean Water Act Section 404(c) Notification Letter (pdf)
- State of Alaska 404(c) Notification Response Letter (pdf)
- State of Alaska 404(c) Notification Response Letter Supplement (pdf)
- U.S. Army Corps of Engineers 404(c) Notification Response Letter (pdf)
- Pebble Limited Partnership 404(c) Notification Response Letter (pdf)
- Chuchuna Minerals Company 404(c) Notification Response Letter (pdf)
December 1, 2022
EPA Announces Recommended Determination for Pebble Deposit Area
On December 1, 2022, EPA Region 10 Regional Administrator Casey Sixkiller transmitted to EPA’s Office of Water Assistant Administrator Radhika Fox the following Clean Water Act Section 404(c) Recommended Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble Deposit.
June 24, 2022
Comment Period Extended
On June 24, EPA Region 10 signed a Federal Register notice extending the deadline for public comment on the 2022 Proposed Determination. This notice extends the public comment period through September 6, 2022, to provide sufficient time for all parties to meaningfully comment on the Proposed Determination and supporting documents.
May 26, 2022
EPA Announces Revised 404(c) Proposed Determination
EPA Region 10 published a Clean Water Act Section 404(c) Proposed Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed (South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds) as disposal sites for the discharge of dredged or fill material associated with mining the Pebble Deposit.
If finalized, EPA’s Section 404(c) determination would help protect the Bristol Bay watershed’s rivers, streams, and wetlands that support the world’s largest sockeye salmon fishery and a subsistence-based way of life that has sustained Alaska Native communities for millennia.
EPA Region 10 will accept public comments through September 26, 2022 (extended from July 5).
EPA Region 10 will fully consider all public comments received as it decides whether to forward to EPA Headquarters a Recommended Determination as provided for in EPA’s regulations regarding the use of certain waters in the Bristol Bay watershed as disposal sites for the discharge of dredged or fill material associated with mining the Pebble deposit.
If EPA Region 10 prepares a Recommended Determination and forwards it to EPA Headquarters, EPA Headquarters will review the recommended determination, public comments received on the Proposed Determination, and other available, relevant information, and shall make a Final Determination affirming, modifying, or rescinding Region 10’s Recommended Determination.
January 27, 2022
EPA Announces Intent to Issue Revised 404(c) Proposed Determination
EPA Region 10 sent a letter to the Alaska District Corps of Engineers, the permit applicant, and others, stating that the agency intends to issue a revised Clean Water Act Section 404(c) Proposed Determination regarding the Pebble deposit area by May 31, 2022.
EPA Region 10 continues to have reason to believe that the discharge of dredged or fill material associated with mining the Pebble deposit could result in unacceptable adverse effects on important fishery areas. Region 10 notified recipients of its intention to issue a revised Proposed Determination to ensure there is ample opportunity for full consideration of available information to determine next steps before May 31, 2022.
- EPA's Clean Water Act Section 404(c) Notification Letter (pdf)
- 404(c) Notification Letter - Time Extension (pdf)
November 17, 2021
EPA Announces Next Steps in 404(c) Process
EPA announced a timeframe for the agency to consider new information available to determine next steps in the Bristol Bay Clean Water Act Section 404(c) process for the Pebble Deposit in Southwest Alaska.
If a Clean Water Act 404(c) determination is finalized, it would help protect waters over the long term that are essential to commercial, subsistence, and recreational fisheries, and other activities that support Alaska Natives and communities in the state.
October 29, 2021
Alaska District Court Ruling
On October 29, 2021, the Alaska District court ruled in favor of EPA’s request to remand and vacate the agency’s August 30, 2019, withdrawal of its 2014 Bristol Bay Proposed Determination issued under Clean Water Section 404(c).
This ruling reinstated the 2014 Bristol Bay Proposed Determination, reinitiated the Clean Water Act Section 404(c) process, and triggered regulatory deadlines.
Clean Water Act 404(c) regulations require EPA to either withdraw the 2014 Proposed Determination or prepare a Recommended Determination "within 30 days after the conclusion of the public hearing."
Upon a showing of "good cause," EPA can extend the regulatory deadline through a notice in the Federal Register. EPA’s announcement in the Federal Register extends this timeline until May 31, 2022.
An extension of the regulatory timeline will allow EPA to consider available information, including the substantial volume of new information that has become available since the agency issued the 2014 Proposed Determination, to determine appropriate next steps in the 404(c) process.
EPA will provide notice of any public review and comment opportunity that may be determined to be appropriate as part of next steps in this process.
September 9, 2021
EPA to Reinstate Process of Making a Clean Water Act Section 404(c) Determination
EPA announced it would reinitiate the process of making a Clean Water Act Section 404(c) determination.
Under the previous administration, EPA issued a July 2019 notice withdrawing its 2014 Proposed Determination issued under Section 404(c). This action terminated the review process for Bristol Bay.
A recent Ninth Circuit court decision found that EPA can withdraw a Proposed Determination “only if the discharge of materials would be unlikely to have an unacceptable adverse effect.” The agency believes the 2019 withdrawal notice did not meet the Ninth Circuit’s standard.
On remand from the Ninth Circuit, the Alaska federal district court recently directed EPA to file a proposal for additional court proceedings by September 10. On September 9, 2021, the U.S. Department of Justice, in a filing in the district court, announced EPA’s intent to request that the 2019 withdrawal notice be remanded and vacated. If the court grants the motion, remand and vacatur would automatically reinitiate EPA’s 404(c) review process and the agency would announce a schedule for resuming a process to protect certain waters in the Bristol Bay watershed—including opportunities for public input.
February 2019
U.S. Army Corps of Engineers Reviews Pebble Mine Permit Application
The U.S. Army Corps of Engineers issued a Draft Environmental Impact Statement under the National Environmental Policy Act and a draft Clean Water Act Section 404 permit public notice for the Pebble Mine project. On August 24, 2020, the Corps issued a determination that the Pebble Mine project, as currently proposed, cannot be permitted under section 404 of the Clean Water Act.
- EPA's supplemental comments regarding the Corps' draft Section 404 permit (pdf) (May 28, 2020)
- EPA’s comments on the Corps' draft EIS (July 1, 2019)
July 2019
EPA Withdraws the 2014 Proposed Determination
EPA withdrew its 2014 Proposed Determination issued under section 404(c) of the Clean Water Act for the use of the Pebble Deposit Area in Southwest Alaska as a disposal site associated with mining of the deposit.
- Federal Register Notice of Decision To Withdraw Proposed Determination (August 30, 2019)
- EPA's news release (July 30, 2019)
June 2019
EPA Resumes Consideration of the Withdrawal of the 2014 Proposed Determination
EPA issued a memorandum directing EPA Region 10 to resume consideration of the withdrawal of the July 2014 Proposed Determination.
January 2018
EPA Suspends Withdrawal of 2014 Proposed Determination
After hearing directly from stakeholders and the people of Alaska, EPA suspended its process to withdraw proposed restrictions on mining in Bristol Bay.
May 2017
EPA Announces Settlement Agreement with Pebble Limited Partnership
EPA entered into a settlement agreement with the Pebble Limited Partnership to resolve litigation from 2014 relating to EPA's prior work in the Bristol Bay watershed.
July 2014
EPA Issues Proposed Determination
EPA Region 10 initiated a process to protect one of the world’s most valuable salmon fisheries, in Bristol Bay, Alaska, from the risks posed by a mine at the Pebble deposit.
- 2014 Proposed Determination
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View all public comments on the proposal (regulations.gov)
January 2014
EPA Releases Bristol Bay Assessment
EPA issued its final assessment of the potential impacts of large-scale mining development on Bristol Bay fisheries and wildlife, and on Alaska Native cultures of the region.