Iron, total 6.0 3.0 Manganese, total 4.0 2.0 TSS 70.0 35.0 рн (') ( ) Within the range 6.0 to 9.0 at all times. (2) Except as provided in 40 CFR 401.17 and $$ 434.61 and 434.63 of this part, the following new source performance standards shall be achieved for the discharge of any alkaline mine drainage subject to this subsection: source Concentrations in mg/1 $ 434.54 Effluent limitations guidelines representing the degree of effluent reduction attainable by the applica. tion of the best conventional pollutant control technology (BCT). (Re served] $434.55 New performance standards (NSPS). The following new source performance standards shall apply to the postmining areas of all new source coal mines: (a) Reclamation areas. The standards of this subsection apply to discharges from reclamation areas at new source coal mines until SMCRA bond release. Except as provided in 40 CFR 401.17 and $8 434.61 and 434.63 (d)(2) of this part, the following new source performance standards shall be achieved for a discharge subject to the provisions of this subsection: NSPS EFFLUENT LIMITATIONS Pollutant or pollutant property Limitations Settleable Solids 0.5 ml/1 maximum not to be exceeded. PH () (") Within the range 6.0 to 9.0 at all times. $ 434.63 Effluent limitations for pre cipitation events. (a)(1) The alternate limitations specified in paragraph (a)(2) of this section apply with respect to: (i) All discharges of alkaline mine drainage except discharges from underground workings of underground mines that are not commingled with other discharges eligible for these alternate limitations; (ii) All discharges from steep slope areas, (as defined in section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA)), and from mountaintop removal operations (conducted pursuant to section 515(c) of SMCRA); (iii) Discharges from coal preparation plants and preparation plant associated areas (excluding acid or ferruginous mine drainage from coal refuse disposal piles). (2) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period less than or equal to the 10-year, 24hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations: EFFLUENT LIMITATIONS DURING PRECIPITATION (c) The following alternate limitations apply with respect to acid or ferruginous mine drainage, except for discharges addressed in paragraphs (a) (mountaintop removal and steep slope areas), (d) (controlled surface mine discharges) and (f) (discharges from underground workings of underground mines) of this section: (1) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period less than or equal to the 2-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations: (d)(1) The alternate limitations specified in paragraph (d)(2) of this section apply with respect to all discharges described in paragraphs (a), (b) and (c) of this section and to: (i) Discharges of acid or ferruginous mine drainage from underground workings of underground mines which are commingled with other discharges eligible for these alternate limitations; and (ii) Controlled acid or ferruginous surface mine discharges; and (iii) Discharges from reclamation areas. (2) Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period greater than the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations: EFFLUENT LIMITATIONS DURING PRECIPITATION $ 434.65 Modification of NPDES per mits for new sources. Any coal mine or coal preparation plant which was considered source under previous EPA regulations may, notwithstanding $122.62 of this chapter, apply to have its NPDES permit modified to incorporate the revised new source performance standards. Subpart G-Coal Remining SOURCE: 67 FR 3406, Jan. 23, 2002, unless otherwise noted. (e) The operator shall have the burden of proof that the discharge or increase in discharge was caused by the applicable precipitation event described in paragraphs (a), (b), (c), and (d) of this section. (f) Discharges of mine drainage from underground workings of underground mines which are not commingled with discharges eligible for alternate limitations set forth in this section shall in no event be eligible for the alternate limitations set forth in this section. $ 434.64 Procedure and method detec. tion limit for measurement of settle able solids. For the purposes of this part, the following procedure shall be used to determine settleable solids: Fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample. Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of $ 434.70 Specialized definitions. (a) The term coal remining operation means a coal mining operation at a site on which coal mining was previously conducted and where the site has been abandoned or the performance bond has been forfeited. (b) The term pollution abatement area means the part of the permit area that is causing or contributing to the baseline pollution load of pre-existing discharges. The pollution abatement area must include, to the extent practicable, areas adjacent to and nearby the remining operation that also must be affected to reduce the pollution load of the pre-existing discharges and may include the immediate location of the pre-existing discharges. (c) The term pre-eristing discharge means any discharge resulting from mining activities that have been abandoned prior to the time of a remining permit application. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices (BMPs) contained in the Pollution Abatement Plan. (d) The term steep slope means any slope above twenty degrees or such lesser slope as may be defined by the regulatory authority after consider- mining operator to re-establish baseation of soil, climate, and other char- line pollutant levels in accordance acteristics of a region or State. This with the statistical procedures conterm does not apply to those situations tained in Appendix B of this part, prein which an operator is mining on flat existing discharge limitations at existor gently rolling terrain, on which an ing remining operations shall remain occasional steep slope is encountered subject to baseline pollutant levels esand through which the mining oper- tablished during the original permit ation is to proceed, leaving a plain or application. predominantly flat area. (d) The effluent limitations in this (e) The term new source remining oper subpart apply to pre-existing disation means a remining operation at a charges until the appropriate SMCRA coal mine where mining first com authority has authorized bond release. mences after February 22, 2002 and subsequently becomes an abandoned mine. $ 434.72 Effluent limitations attainable $ 434.71 Applicability. by the application of the best prac ticable control technology currently (a) This subpart applies to pre-exist- available (BPT). ing discharges that are located within (a) The operator must submit a siteor are hydrologically connected to pol specific Pollution Abatement Plan to lution abatement areas of a coal re the permitting authority for the pollumining operation. (b) A pre-existing discharge that is tion abatement area. The plan must be intercepted by active mining or that is approved by the permitting authority commingled with waste streams from and incorporated into the permit as an effluent limitation. The Pollution active mining areas for treatment is subject to the provisions of $ 434.61 Abatement Plan must identify characCommingling of waste streams. For the teristics of the pollution abatement purposes of this subpart, $ 434.61 re area and the pre-existing discharges. quires compliance with The Pollution Abatement Plan must be applicable BPT, BAT, BCT, and NSPS effluent designed to reduce the pollution load limitations in subparts C, D, and F of from pre-existing discharges and must this part. Section 434.61 applies to the identify the selected best management commingled waste stream only during practices (BMPs) to be used. The plan the time when the pre-existing dis must describe the design specificacharge is intercepted by active mining tions, construction specifications, or is commingled with active mine maintenance schedules, criteria for wastewater for treatment or discharge. monitoring and inspection, and exAfter commingling has ceased, the pre- pected performance of the BMPs. The existing discharge is subject to the pro BMPs must be implemented as specivisions of this part. fied in the plan. (c) In situations where coal remining (b) (1) Except as provided in 40 CFR operations seek reissuance of an exist- 125.30 through 125.32 and paragraph ing remining permit with BPJ limita- (b)(2) of this section, the following eftions and the regulatory authority de- fluent limits apply to pre-existing distermines that it is not feasible for a re- charges: EFFLUENT LIMITATIONS EFFLUENT LIMITATIONS— Continued Pollutant Requirement (N) TSS During remining and reclamation, may not exceed baseline loadings (as defined by Appendix B of this part). Prior to bond release, the pre-existing discharge must meet the applicable standards for TSS or SS contained in Subpart E.' A pre-existing discharge is exempt from meeting standards in Subpart E of this part for TSS and SS when the permitting authority determines that Subpart E standards are infeasible or impractical based on the site-specific conditions of soil, climate, topography, steep slopes, or other baseline conditions provided that the operator demonstrates that significant reductions of TSS and SS will be achieved through the incorporation of sediment control BMPs into the Pollution Abatement Plan as required by paragraph (a) of this section. must also submit and implement a Pollution Abatement Plan as required in $ 434.72(a). a (2) If the permitting authority determines that it is infeasible to collect samples for establishing the baseline pollutant levels pursuant to paragraph (b)(1) of this section, and that remining will result in significant improvement that would not otherwise occur, then the numeric effluent limitations in paragraph (b)(1) of this section do not apply. Pre-existing discharges for which it is infeasible to collect samples for determination of baseline pollutant levels include, but are not limited to, discharges that exist diffuse groundwater flow that cannot be assessed via sample collection; a base flow to a receiving stream that cannot be monitored separate from the receiving stream; a discharge on a steep or hazardous slope that is inaccessible for sample collection; or, a number of preexisting discharges so extensive that monitoring of individual discharges is infeasible. $ 434.75 New source performance standards (NSPS). Except as provided in $434.72(b)(2), a pre-existing discharge from new source remining operation must comply with the effluent limitations listed in $434.72(b) for iron, manganese, acidity and total suspended solids. The operator must also submit and implement a Pollution Abatement Plan as required in $ 434.72(a). as a Subpart H-Western Alkaline Coal Mining SOURCE: 67 FR 3407, Jan. 23, 2002, unless otherwise noted. $434.73 Effluent limitations attainable by application of the best available technology economically achievable (BAT). Except as provided in 40 CFR 125.30 through 125.32 and 434.72(b)(2), a pre-existing discharge must comply with the effluent limitations listed in $434.72(b) for net acidity, iron and manganese. The operator must also submit and implement a Pollution Abatement Plan as required in § 434.72(a). $434.74 Effluent limitations attainable by application of the best conventional pollutant control technology (BCT). Except as provided in 40 CFR 125.30 through 125.32 and 434.72(b)(2), a pre-existing discharge must comply with the effluent limitations listed in § 434.72(b) for total suspended solids. The operator 8 434.80 Specialized definitions. (a) The term brushing and grubbing area means the area where woody plant materials that would interfere with soil salvage operations have been removed or incorporated into the soil that is being salvaged. (b) The term regraded area means the surface area of a coal mine that has been returned to required contour. (c) The term sediment means undissolved organic and inorganic material transported or deposited by water. (d) The term sediment yield means the sum of the soil losses from a surface minus deposition in macro-topographic depressions, at the toe of the hillslope, along field boundaries, or in terraces and channels sculpted into the hillslope. (e) The term topsoil stockpiling area means the area outside the mined-out where topsoil is temporarily area |