Notice of Proposed Issuance of an
Alaska Pollutant Discharge Elimination System (APDES)
Individual Permit Modification to Discharge to Waters of the United States

Public Notice (PN) Start Date: November 16, 2025            PN Expiration Date: December 16, 2025

DEC has prepared an APDES draft permit modification for the Red Dog Mine. The Draft Permit modification and associated documents are available for a 30-day public review. Following the close of the 30-day review period, DEC will prepare a final permit modification, statement of basis, and response to comments. You can access the documents on DEC’s Wastewater Discharge Authorization Program webpage at: https://dec.alaska.gov/water/wastewater/.

DEC Contact: Tim Pilon; 610 University Avenue; Fairbanks, AK 99709; (907) 451-2136, Tim.Pilon@alaska.gov

Permit No: AK0038652

Applicant: Teck Alaska, Inc.; Red Dog Mine; 82 miles northeast of Kotzebue, Alaska; 2525 C Street, Suite 310; Anchorage, AK 99503

Permit Coverage

Facility Activity: The Red Dog Mine is open pit mine yielding ore rich in lead and zinc. APDES permit AK0038652 authorizes discharge of treated mine wastewater to the Middle Fork of Red Dog Creek. Regardless of mine operations, precipitation falling on the facility must be captured, treated, and discharged to ensure the tailings storage facility dams do not overtop and protect downstream resources.

Permit Modification Description: Currently, the APDES permit contains a compliance schedule that has been in effect since May 19, 2021. DEC issued the original compliance schedule responding to region-wide permafrost thawing that elevates naturally occurring pollutants in local waters, including the receiving waters of the mine’s discharge. The term of the current compliance schedule will expire after May 19, 2026. Required monitoring indicates that thawing permafrost impacts continue unabated. DEC proposes continuing the interim total dissolved solids (TDS) annual mass limits through the extended compliance schedule. Extension of the compliance schedule maintains protective limits governing the permitted discharge, prevents an increased discharge of any pollutants, including TDS, and ensures safe operation of the tailings impoundment. Additionally, the extended compliance schedule requires completion of either an annual milestone or annual reporting on progress toward milestone completion.

Under 18 AAC 83.135(b)(5), extending the compliance schedule qualifies as a permit modification because there is no reasonably available remedy to the thawing of permafrost and its impact on the receiving waters around the Red Dog Mine. Considering the inadequacy of the original compliance schedule’s five-year term, good faith efforts exhibited by the permittee, complexity of considerations, and gravity of circumstances involved, DEC finds that the 10-year extension is as soon as possible in this case.

Tentative Determination: DEC has tentatively decided to modify the wastewater discharge permit.

Public Comments: Consistent with 18 AAC 83.130(f), DEC will only consider comments on the Compliance Schedule extension proposed in this draft permit modification. All other provisions of the existing permit shall remain in effect.

Written comments or requests for a public hearing on the APDES draft permit modification must be submitted prior to the expiration of this public notice. Any person desiring to comment on the permit may submit comments electronically via the DEC public notice website (preferred) at: https://dec.alaska.gov/commish/public-notices/.

Alternatively, you may direct written comments and requests to the attention of the DEC contact/permit writer at the email address or postal address identified above.

All comments should include the name, address, telephone number, and email address of the commenter and a concise statement of comment on the permit condition(s) and the relevant facts upon which the comment is based. Comments of either support or concern that are directed at specific, cited permit requirements are appreciated. Mailed comments and requests must be postmarked on or before the expiration date of the public notice.

DEC will consider all comments when making the final decision and will respond to received comments in a Response to Comments document issued when DEC issues a final permit modification. The Response to Comments will be made available to the public.

Any interested person may submit a written request for a public hearing if no hearing has already been scheduled. A request for a public hearing shall state the nature of the issues to be raised, as well as the requester’s name, address, phone number, and email. DEC will hold a public hearing whenever DEC finds, on the basis of requests, a significant degree of public interest in a draft permit. DEC may also hold a public hearing if a hearing might clarify one or more issues involved in a permit decision or for other good reason in DEC’s discretion.

DEC will transmit the final permit, fact sheet (amended as appropriate), and Response to Comments to anyone who provided comments during the public review period or requested to be notified of DEC final decision.

Administrative Record: The APDES permit modification, statement of basis, and associated documents are available for public review at the DEC offices located in Anchorage, Fairbanks, and Juneau. Please contact the office of your choice to arrange for hard copies of the documents to be available for your review.

If you would like to see additional supporting technical documents, contact the DEC contact listed above.

To receive email notifications about the APDES Program, including when permits are available for review, subscribe to the APDES email list at https://list.state.ak.us/mailman/listinfo/DEC-APDES/.

Disability Reasonable Accommodation Notice: The State of Alaska, Department of Environmental Conservation, complies with Title II of the Americans with Disabilities Act (ADA) of 1990. If you are a person with a disability who may need special accommodation in order to participate in this public process, please contact ADA Coordinator Kristin Mabry, kristin.mabry@alaska.gov, 1-907-334-0884; or TDD Relay Service 1-800-770-8973/TTY or dial 711 at least 3 days prior to the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.