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Copies of the exemption of wastes produced from mining and mineral processing as hazardous <br />waste, from the EPA, are attached hereto for your benefit. The relevant exemption for the <br />Federal Mill is found at 40 CFR 261.4(b)(7)(i): <br />"(i) For the purposes of§261.4(b)(7) beneficiation of ores and minerals is <br />restricted to the following activities: crushing; grinding; .....; filtration; ...; sizing; ....; gravity <br />concentration; ...; flotation; ..." <br />The specific activities above listed are the only unit processes employed at the Federal Mill, and <br />as such the Federal Mill is absolutely exempt from any classification or permitting as a <br />hazardous waste facility. In addition, an excellent discussion of what classifies a mining waste as <br />exempt from the definition of "Hazardous waste" is given by the Colorado Bar Association at: <br />www .cobar.org/docs /cbabevill.pdPID =2773. <br />6.4.21 Exhibit U — Designated Mining Operation Environmental Protection Plan <br />11) In re your 112 the Environmental Protection Plan has been amended to remove <br />any reference to storage fuel and chemicals. A copy of the amended Environmental Protection <br />Plan is attached hereto. <br />12) In re your 113, as stated above, the Environmental Protection Plan has been <br />amended to remove any reference to storage of fuel and chemicals. <br />Hopefully the responses to your second preliminary adequacy review have been <br />addressed by the proposed amendments to the application and the above written comments. If <br />you find the need for further information, or have questions please contact me at 303 -681 -1111. <br />Sincerely, <br />Nevada a By: Wes Williams, Manager <br />M <br />