19240 Federal Register / Vol. 49. No. 88 /Friday. May 4. I9R4 / Prnnnepd Piilpe

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 434[WH-FRL 2535-81

Coal Mining Point Source Category;Effluent Umitatlons Guidelines andNew Source Performance StandardsAGENCY: Environmental ProtectionAgency (EPA).ACTION: Proposed rule.

SUMMARY: On October 13,1982, EPApromulgated final effluent limitationsguidelines and standards under theClean Water Act to limit the dischargeof pollutants to waters of the U.S. fromthe coal mining industry (47 FR 45382).The purpose of this regulation was toamend the previously promulgatedeffluent limitations guidelines based on"best practicable technology" (BPT) and"new source performance standards"(NSPS) and to establish effluentlimitations guidelines based on the "bestavailable technology economicallyachievable" (BAT).

Following the October 1982promulgation, the National CoalAssociation (NCA), the Commonwealthof Pennsylvania and the West VirginiaMountain Streams Monitors, Inc. (MSM)filed petitions for judicial review of theregulation in the United States Court ofAppeals for the Fourth Circuit. EPA istoday proposing revisions to theseregulations consistent with theSettlement Agreement entered in thatcase.DATE: Comments on the proposedchanges to these regulations must besubmitted by June 4, 1984.ADDRESSES: Send comments on theproposed regulation to: Mr. William A.Telliard, Effluent Guidelines Division(WH-552), Environmental ProtectionAgency, 401 M Street, S.W.,Washington, D.C., 20460, Attention: EGDDocket Clerk, Coal Mining. Thesupporting information and allcomments on this proposal will beavailable for inspection and copying atthe EPA Public Information Unit, Room2922 (EPA Library). The EPAinformation regulation (40 CFR Part 2)provides that a reasonable fee may becharged for copying.FOR FURTHER INFORMATION CONTACT:.Mr. William A. Telliard or Ms. AllisonPhillips, (202) 382-7131.SUPPLEMENTARY INFORMATION:

Organization of Tins NoticeI. Legal AuthorityII. Solicitation of CommentsIII. BackgroundIV. Proposed Amendments

A. General Definitions(1) Section 434.11(j)(1)(ii--New SourceDefinition(2) Section 434.11(p)-Coal RefuseDisposal Piles(3) Section 434.11(q)-Controlled SurfaceMine Drainage

B. Coal Preparation Plant New SourcePerformance Standards: § 434.25 (a) and(b)

C. Alternate Precipitation Limitations(1 Underground Mines-NotCommingled(2) Underground Mines-Commingled(3) Controlled Surface Mine Drainage(4) Non-Controlled Surface MineDrainage(5) Coal Refuse Disposal Piles(6) Steep Slope/Mountaintop RemovalMining Operations(7) Preparation Plants and AssociatedAreas(8) Discharges from Reclamation Areas

D. Alternate Precipitation Limitations-Settleable Solids

E. Post-Mining DischargesF. Modification of Permits for New Sources

V. ImpactsA. Allernate Precipitation LimitationsB. New Source Coal Preparation PlantsC. Executive Order 12291D. Regulatory Flexibility Analysis

VI. Enforcement

1. Legal AuthorityThe amendments to the regulations

described in this notice are proposedunder the authority of Sections 301, 304,306, 307 308, and 501 of the Clean WaterAct (the Federal Water Pollution ControlAct Amendments of 1972, 33 U.S.C. 1251et seq., as amended by the Clean WaterAct of 1977 Pub. L. 95-217) (the "Act").These changes are also proposed inresponse to the Settlement Agreement inNational Coal Association, et al., v.Environmental Protection Agency, Nos.82-1929, et al. (4th Cir.).

II. Solicitation of CommentsEPA invites and encourages public

participation in this rulemaking.For the purpose of clarity, the coal

mining regulation, including thoseportions that were promulgated October13,1982 that would not be effected bythe proposed amendments, is beingpublished as part of today's notice. EPA,however, is only soliciting comments onthose portions of the regulation forwhich amendments are being proposedtoday.

III. BackgroundOn October 13, 1982, EPA published

final effluent limitations guidelines andstandards for the coal mining industry.47 FR 45382. The National CoalAssociation ("NCA"), theCommonwealth of Pennsylvania, andthe West Virginia Mountain StreamMonitors, Inc. ("MSM") filed petitions to.

review the regulation in the UnitedStates Court of Appeals for the FourthCircuit. The petitioners raised issuesconcerning acid mine drainage, newsource performance standards forpreparation plants, the definition of newsource coal mines, and post-bondrelease regulations. After extensivediscussions, the Petitioners and EPAentered a settlement Agreement, underwhich EPA agreed to propose specifiedrevisions to the regulations, Thoserevisions are discussed in Section IV ofthis preamble.

Section IV also discusses twoproposed changes, not a result of theSettlement Agreement, involving (1)modification of NPDES permits to reflectnew NSPS, and (2) the type of limitationto be imposed on settleable solidsduring reclamation and precipitation.EPA is also soliciting comments on theseissues.

As part of the Settlement Agreement,the parties agreed to seek a judicial stayof the major regulatory provisions whichare to be revised. The court entered thestayon August 23, 1983. The followingare the portions of the regulation thatare stayed pending this rulemaking:

1. Section 434.11(j)(1)(ii) (E) and (F),2. Section 434.2Z(aJ, but only insofar

as it applies to acid or ferruginousdischarges from coal refuse disposalpiles.

3. Section 434.23(a), but only insofaras it applies to acid or ferruginousdischarges from coal refuse disposalpiles.

4. Section 434.25 (a) and (b).5. Section 434.25(c), but only Insofar

as it applies to acid or ferruginousdischarges from coal refuse disposalpiles and insofar as it imposeslimitations on manganese to dischargesfrom point sources that normally exhibita pH equal to or greater than 6.0 prior totreatment.

6. The alternate precipitationlimitations applicable to Subpart C fordischarges caused by precipitation, asprovided by § § 434.32, 434.33, 434.35,and 434.36.

For additional information on thelegal background, technologydescriptions, and the history of theregulation development, the reader Isreferred to the preamble of the October13, 1982 rule (47 FR 45382).

*For purposes of the stay order, "coal refusedisposal pile" is defined as any coal refusedeposited on the earth and intended as permanentdisposal or long.term storage (greater than 180days) of such material, but does not Include coalrefuse deposited within the active mining area orcoal refuse never removed from the active miningarea.

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IV Proposed Amendments

A. General Definitions

(1) Section 434.110)(1(ii)-New SourceDefinition

Section 434.11(j)(1)(ii) or the existingregulation contains the definition of anew source coal mine. The first part ofthis definition defines a new source asany source which commencedconstruction after May 29,1981. The -second part of this definition(§ 434.11(j)(1](ii)) provides that "majoralterations" occurring at an existingmine may also result in a new source.Seven events are listed in the secondpart of the definition, which should beconsidered to determune whether amajor alteration, and thus a new source,exists.

During settlement discussions, NCAexpressed the concern the§ 434.11[j}(1)(ii) could be interpreted asauthorizing a Regional Adunistrator todetermine that a major alteration hadtaken-place at a mine, and thus todeclare it-to be a new source, on thebasis ofevents that occur routinely atexisting mines. This is not EPA's intenLInstead, the occurrence of one or moreof the events listed in § 434.110(1)(ii)should trigger review by the RegionalAdministrator to determine whether, inlight of all the available information, amajor alteration has taken place. Inmaking this determination, the RegionalAdinistrator should consider whetherextraction of a new coal seam,discharge into a new drainage area,extensive new surface disruption,construction of a new shaft. slope or

-drift, or some other activity at the minehas resulted in significant newenvironmental impacts, such as, forexample, extraction of a new coal seamwhich is acid forming where the prioroperations involved alkaline seams, orcreation of discharges which couldsignificantly affect streams ordownstream users-Thus, in some casesthe occurrence of one or more of theevents listed in § 434.11(j](1)(ii) thatthere has been a major alteration at themine while m others it may not.

In addition, NCA pointed out that twoof the events listed in 434.11(j](1)(ii) (theacqisition of additional land or mineralrights and significant capital investmentm additional eqmpment or facilities) arenot indicative of major alterations atmining operations. The Agency agreesand is proposing to revise that section ofits regulation accordingly.

The proposed revision also makes itclear that remining of an abandonedmine (defined at § 434.11(r)] triggersrequirements applicable to new sources.

This definition of "new source coalmine" would govern the determinationof when a coal mine is a "new source"under the NPDES program. Therefore,the generic criteria for the "new source"determination at 40 CFR 122.29(b) andany subsequent revision to those critenawould not apply to coal mines.

Today's proposed revision of the newsource definition would be applicableonly to coal mines that commenceconstruction after the date of thisproposal, or where the RegionalAdministrator finds, in light of theevents listed in revised § 434.11(j)(1](ii)and other available information, that amajor alteration has taken place afterthe date of this proposal. As provided inthe proposed revision of § 434.11(j)(1](2),the revised definition would not affectthe status of or standards applicable tocoal mines which are classified as newsources under the October 13,1983regulation or previous regulations.

(2) Section 434.11(p)-Coal RefuseDisposal Piles

EPA is today proposing to define anew term: coal refuse disposal pile.

As a result of comments receivedduring settlement discussions with theparties to NCA v. EPA. the Agency isproposing that acid mine drainage fromcoal refuse piles should not be eligiblefor alternate rainfall limitations unless asizeable rainfall event (the 1-year, 24-hour event) occurs. The term coal refusedisposal pile is defined as "any coalrefuse deposited on the earth andintended as permanent disposal or long-term storage (greater than 180 days) ofsuch material, but does not include coalrefuse deposited within the activemining area or coal refuse neverremoved from the active nunuifg area."(3) Section 434.11(q)-ControlledSurface Mine Drainage

EPA is also proposing to define theterm "controlled surface mine drainage."

As a result of comments receivedduring the settlement discussions, theAgency believes that acid or ferrugmousdischarges that are pumped or siphonedfrom surface mining areas to treatmentponds can be controlled by the nuneoperator even during periods of heavyprecipitation, and thus should not beeligible for the alternate rainfalllimitations unless a precipitation eventgreater than the 10-year, 24-hour eventoccurs. Controlled surface minedrainage is any surface mine drainagethat is pumped or siphoned from theactive uning area. A siphon is a tube orconduit bent into legs of unequal length,for use in transferring liquid from anupper level to a lower one by means of

suction created by the weight of theliquid in the longer leg.

B. Coal Preparation Plont Alew SourcePerformance Standards, 9434-25 al and(b)

As part of the Settlement Agreement.EPA has agreed to propose revisingNSPS for coal preparation plants. Theproposed standards would allow adischarge of pollutants with limitationson iron, manganese, suspended solidsand pH. NCA contended that coal slurryponds, which are part of the preparationplant water circuif, are not always ableto a.,hieve zero discharge. In addition.coal waste impoundments, includingsome slurry ponds, must meet OSMfrequrements to dram water from thepond during design precipitation events.We are also correctingthe NSPSlimitations for preparation plantassociated areas so that. as in the rest ofthe regulation. limitations art manganesewould apply only to acid or ferruginousmine drainage. The alternate rainfalllimitations on settleable solids and pHwill continue to apply to dischargesfrom coal preparation plants andassociated areas (except for aciddischarges from refuse piles, see SectionC.4 below).

C. Alternate Precipitation Limitations

The October 13,1982 regulationprovides alternate rainfall limitationsfor most discharges or increases indischarges caused by precipitation. Ifthe precipitation event is less than orequal to a 10-year 24-hour event (orsnowmelt of equal volume], onlylimitations on settleable solids and pHapply. If the precipitation event isgreater than a 10-year, 24-hour event.only pH limitations apply. The alternatelimitations do not apply to drainagefrom underground workings ofunderground mines, unless suchdrainage is commingled with surfacemine discharges.

Comments raised during settlementdiscussions indicated that the existingalternate rainfall limitations could, withrespect tr acid or ferrugmous minedrainage, allow the discharge of largeamounts of iron and manganese, and arenot necessary in certain cases becausethe mine operator could control the rateof discharge even during heavyprecipitation events. In response to thisconcern. EPA has reevaluated thealternate rainfall limitations and nowproposes to amend them as follows. Asummary of the proposed amendment iscontained in Appendix A to theregulation.

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(1) Underground Mines-NotCommingled

Under this proposal, as in the existingregulation, discharges from undergroundmines that are not comnungled withsurface drainage would.not be eligiblefor alternate rainfall limitations.(2) Underground Mines--Commgled

The existing regulation specified thatwhere underground mine drainage iscommingled with surface drainage, thealternate rainfall limitations wouldapply. During settlement discussions,the concern was raised that bycommingling large amounts of acidunderground mine drainage with smallamounts of surface drainage, a facilitywould not have to meet limitations ofTSS, iron and manganese during rainfall.The Agency believes that area runoffcan be diverted from undergrounddrainage by berms, diversion ditches,dikes and similar means so that suddeninfluxes of precipitation do not affectfacilities treating underground minedrainage. In this context, stateregulatory agencies and the Office ofSurface Mining (OSM) under the SurfaceMining Control and Reclamation Act(SMCRA) have already addresseddesign requirements for such diversionpractices in aplicable regulations.Implementation of such practices mcompliance with SMCRA requirementsshould assure that commingling is keptto a minimum.

However, if an extremely largerainfall event occurs, it may beimpossible to segregate the wastestreams. Accordingly, the Agencyproposes that acid underground mine -

drainage that is diverted in accordancewith OSM regulations be eligible foralternate limitations if commmlged withsurface area drainage, but only if aprecipitation event greater than the 10-year, 24-hour event occurs.(3) Controlled Surface Mine Drainage

Much mine drainage is pumped orsiphoned from surface areas totreatment facilities. We believe thatduring most precipitation events themine operator can temporarilydiscontinue or otherwise limit pumpeddischarges from the pit and divertsurface runoff and shallow ground wateraway from the pit and treatment pondby use of diversion dikes, ditches andsimilar means. Thus (except for steepslope and mountaintop removalsituations, discussed below], there is noneed to have alternate precipitationevent limitations for acid or ferruginousdischarges that are pumped or siphonedfrom the active area of a surface mine,except when a precipitation event

greater than the 10-year, 24-hourprecipitation event occurs. The Agencyis proposing to revise its regulations to

,make this change.

(4) Non-Controlled Surface MineDrainage

SMCRA permit-issuing authoritiesrequire, to the maximum extent feasible,the nmmization of non-pumpeddischarges within an active mining area.However, the Agency recognizes thatnon-controlled discharges do occur evenwhere steep slope or mountaintopremoval operations are not involved. Asa result of settlement discussions, EPAproposes to revise its regulations toprovide that non-controlled acid surfacemine drainage, which includes surfacerunoff and gravity flow drainage otherthan that described below in section (6),must meet alternate precipitationlimitations on total iron, settleablesolids and pH unless a precipitationevent greater than the 2-year, 24-hourevent occurs. If such an event occurs,then limitations only on settleable solidsand pH would apply. If a precipitationevent greater than the 10-year, 24-hourevent occurs, only pH limitations wouldapply. Of course, for discharges notdirectly affected by precipitation,limitations on iron, manganese, pH, andTSS must be met.

(5) Coal Refuse Disposal Piles

Pennsylvama was concerned that acidor ferruginous drainage from coal refusedisposal piles is a serious problem andshould not be controlled by the samerainfall limitations that generally applyto coal preparation plant associatedareas. By-using diversion and othertechiques, the amount of runoff fromcoal refuse piles during mostprecipitation events can be controlled.EPA is now proposing to limit thealternate rainfall exemption for drainagefrom such piles to situations where a 1-year, 24-hour precipitation event occurs.Hence, TSS, pH, iron and manganeselimitations would apply during allprecipitation up to a 1-year, 24-hourevent; pH and settleable solidslimitations would apply duringprecipitation from a 1-year, 24-hourevent to a 10-year, 24-hour event; andpH limitations only would apply duringall precipitation greater than a 10-year,24-hour event. "Coal refuse disposalpile" would be defined in § 434.11(p).The term applies only to long-termstorage sites, where the refuse is storedfor more than 180 days and does notinclude refuse piles located on an activemining area.

(6) Steep Slope/Mountaintop RemovalMining Operations

The Agency is not changing thealternate rainfall limitations applicableto surface coal mines in steep slopeareas (as defined in section 515(d)(4) ofSMCRA) or for discharges fromoperations involving mountaintopremoval (pursuant to section 515(c) ofSMCRA). In such operations, the.operator may be unable duringprecipitation events to contain orcontrol the drainage from the activemining area so as to meet the effluentlimitations on TSS, iron and manganese.(7) Discharges from Preparation Plantsand Their Associated Areas (ExcludingCoal Refuse Piles)

The Agency is not proposing tochange the alternate rainfall limitationsapplicable to preparation plants andtheir associated areas.(8) Discharges from Reclamation Areas

The Agency is not proposing tochange the alternate rainfall limitationsapplicable to reclamation areas.

If mining operations combine drainagefrom one or more of these eightcategories, the most stringent of theapplicable alternate storm limitationswill apply.

D. Alternate Precipitation Limitations-Settleable Solids

.Settleable solids is a parameterlimited for coal mining discharges bothduring precipitation events and duringreclamation. EPA's original intent wasto promulgate this limit as an"instantaneous maximum" not to beexceeded. However, the October 13,1982 regulation presents the settleablesolids limit, like the limitations on otherpollutants, as a "maximum for any oneday"

EPA's permit regulations (40 CFR122.2) define the term "maximum dailydischarge" as the highest allowable"daily discharge" This regulationfurther provides that, with respect topollutants whose limitations areexpressed in terms of concentration (asis the case for settleable solids), the"daily discharge" is to be calculated as"the average measurement of thepollutant over the day" Thus, thesettleable solids limitation representsthe highest allowable average for anymeasurement(s) taken on any one day.

EPA developed the 0.5 ml/l limitationbased on data for single grab sampleswith the intent of developing aninstantaneous maximum standard,Accordingly, we believe this limit Ismore appropriately presented as a valuenever to be exceeded rather than as an

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average. This is particularly truebecause an instantaneous maximum is amuch more practical standard to applyand enforce. Thus, EPA is proposing toamend the settleable solids limitation tobe a maximum not to be exceeded atany time.

E. Post-Mining Discharges

EPA's coal mining effluent limitationsapply until release of the reclamationbond required by SMCRA. Today'sproposal will not change that. However,in response to a concern by one of thepetitioners, the Agency wishes to re-emphasize that post-bond releasedischarges can be subject to regulationunder the Clean Water Act. If a pointsource discharge occurs after bondrelease, then it must be regulatedthrough an NPDES-permit under sections301(a) and 402 of the Clean Water Act. Ifthe responsible party does not obtain apermit, then it is subject to enforcementaction by EPA under section 309 of theAct and by citizens under section505(a)(1) of the Act. Appropriate effluentlimitations would be established in theNPDES permit for such a discharge.

F Section 434.65-Modification ofPermits for New Sources

The preamble to the October 13,1982regulation stated that coal mines withpermits incorporating previous newsource performance standards couldapply to have those permits modifiedaccording to 40 CFR 122.62(a) (formerly§ 122.15(a)). However, that section doesnot authorize the modification of permitsto reflect subsequently-promulgated newsource performance standards.Nonetheless, while EPA generallybelieves that new sources should adhereto permit conditions based on the NSPSinexistence when those permits wereissued, coal mining operations thatconstruct new treatment ponds shouldbe allowed to construct those ponds inaccordance with the new, performance-based new source performancestandards (as modified by today'sproposal), even if their permit containsdesign standards based on thepreviously promulgated new sourceperformance standards. Coal mining is atransientoperation, and NPDES permitsoften regulate discharges from theconstruction of additional treatmentponds which will be constructed afterpermit issuance as mining progresslesalong a coal seam.

Accordingly, we have added proposed§ 434.65, to allow, at the discretion ofthe permit writer, the modification ofcoal mining NPDES permits to reflect thenew NSPS. Where ponds have beenconstructed to meet the design criteriaaccording to permit conditions

incorporating previous NSPS, thedischarge should continue to meet thoserequirements. However, a coal ineoperator who intends to construct a newpond under the requirements of thesame permit may apply for a permitmodification to incorporate the newperformance based rainfall limitations,rather than the design criteria. Thereasons for the deletion of the designcriteria are discussed fully in thepreamble to the October 13,1982regulation.

Similarly, in light of NCA's concern(see Subsection B) that coal slurry pondscannot always achieve zero discharge,proposed § 434.65 would also allow forpermit modification for coal preparationplants subject to zero dischargerequirements based on the NSPSpromulgated in October 1982.

V. Impacts

A. Alternate Precipitation LimitationsIn 1977 BPT for coal mine discharges

was promulgated which included anexemption from meeting effluentlimitations during precipitation events,provided a 10-year, 24-hour pond wasconstructed. This pond designrequirement was costed and theeconomic analysis determined it to beachievable. Basically, the sameprecipitation exemption was proposedfor BAT and NSPS in January 1981. TheOctober 13,1982 promulgated version ofthese regulations, however, deleted thepond design requirement in exchange forthe requirement that discharges due toprecipitation must meet limits on pHand settleable solids. Because theconstruction of a 10-year, 24-hour pondwas no longer required, EPA determinedthat costs to meet the October 13, 1982promulgated alternate storm limits werenot significant. While today'samendments to the alternate stormlimitations (for some dischargecategories) are more stringent than thepromulgated October 13,1982requirements, they are still less costly toachieve than the 10-year. 24-hour ponddesign requirement originallypromulgated for BPT in 1977 andproposed for BAT in 1981.

Additional costs may be incurred fordischarges from coal refuse disposalpilest (from the preparation plantassociated area only) because they mayhave to be segregated from otherdrainage sources. This may requiredikes and diversion ditches around thepile. However, EPA does not considerthe cost of diking alone to be significantwhen compared with the total capitaland annual costs of treatment facilitiesfor the preparation plant and associatedarea subcategory. Thus, EPA has

determined that no significant economicimpacts will result from these revisions.

These new alternate limits will have abeneficial unpact on the environmentbecause the total amount of pollutantsallowed to be discharged will bereduced. The magnitude of thisreduction will depend on the type ofdischarge and size of the precipitationevent. The pollutants whose dischargeswill be reduced are TSS, iron andmanganese.

B. New Source Coal Preparation Plants

For new source coal preparationplants, a cost savings will result by theelimination of the zero dischargerequirement. Savings on incrementalrequirements and annual costs aboveBPT/BAT technology for a typical newsource coal preparation facility areprojected to be as lugh as $1.6 millionand $379 thousand respectively (1982dollars).

With regards to toxic pollutants,allowing a discharge from new sourcepreparation plants will have a minimaladverse impact on the environmentbecause the standards will result inremoval of significant amounts of thesepollutants from the raw wastewater.This discharge allowance will, however,result in an increase in mass loading ofcertain nonconventional andconventional pollutants discharged tothe environment (primarily TSS, iron,manganese, and pH). If this increasedpollutant loading results in localizedwater quality problems, then it can behandled on a case-by-case basis throughthe NPDES permitting process.

C. Executive Order 12291Executive Order 12291 requires EPA

and other agencies to perform regulatoryimpact analyses on "major rules". Majorrules are those that impose an annualcost to the economy of $100 million ormore, or meet other econoicimpactcriteria. This proposed regulation is nota major rule because it would not resultin sucheconomic impacts. It thereforedoes not require a formal regulatoryimpact analysis. This proposedrulemaking satisfies the requirement ofthe Executive Order for a non-majorrule.

This notice was submitted to theOffice of Management and Budget forreview as also required by ExecutiveOrder 12291.D. Regulatory Flexibility Analysis

Public Law 96-354 requires EPA toprepare an Initial Regulatory Flexibilityanalysis for all proposed regulationsthat have a significant impact on asubstantial number of small entities. The

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analysis may be conducted inconjunction with or as part of otherAgency analyses. EPA has determinedthat this regulation will not, for thereasons stated above, have a significantimpact on a substantial number of smallentities. Therefore, a formal RegulatoryFlexibility analysis is not required.

VI. EnforcementThe Agency wishes to emphasize that,

although the Clean Water Act is a strictliability statute, the initiation ofenforcement proceedings by EPA isdiscretionary. EPA has exercised andintends to exercise that discretion in amanner that recongnizes and promotesgood faith compliance efforts.

List of Subjects m 40 CFR Part 434Mines, Water pollution control, Waste

treatment and disposal.Dated: April 19, 1984.

William D. Ruckelshaus,Administrator.

EPA proposes to revise Part 434 ofTitle 40 to read as follows:

PART 434-COAL MINING POINTSOURCE CATEGORY BPT, BAT, BCTLIMITATIONS AND NEW SOURCEPERFORMANCE STANDARDS

Subpart A-General Provisions

Sec.434.10 Applicability.434.11 General Definitions.Subpart B-Coal Preparation Plants andCoal Preparation Plant Associated Areas434.20 Applicability.434.21 [Reserved].434.22 Effluent limitations gudelines

representing the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available [BPI].

434.23 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of thebest available technology economicallyachievable [BAT].

434.24 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology [BCT] [Reserved].

434.25 New Source Performance Standard[NSPS].

Subpart C-Acid or Ferruglnous MineDrainage434.30 Applicability.434.31 [Reserved].434.32 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available [BPT].

434.33 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of the

Sec.best available technology economicallyachievable [BATI.

434.34 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of thebest conventional pollutant controltechnology (BCT. [Reserved].

434.35 New Source Performance Standard[NSPS].

Subpart D-Alkallne Mine Drainage434.40 Applicability.434.41 [Reserved].434.42 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available [BPTJ.

44.43 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of thebest available technology economicallyachievable [BAT].

434.44 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology ([CT]. [Reserved].

434.45 New Source Performance Standard[NSPS].

Subpart E-Post-Mining Areas434.50 Applicability.434.51 [Reserved].434.52 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available [BPT].

434.53 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best available technologyeconomically acuevable [BAT].

434.54 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology (BCT]. [Reserved].

434.55 New Source Performance Standard[NSPS].

Subpart F-Miscellaneous Provisions'434.60 Applicability.434.61 Commingling of Waste Streams.434.62 Alternate Effluent Limitations for pH.434.63 Effluent Limitations During

Precipitation Events.434.64 Procedure and Method Detection

Limit for Measurement of SettleableSolids.

434.65 Modifications of NPDES Permits forNew Sources.'

Appendix A-Alternate Storm Limitations forAcid Mine Drainage

Authority: Sections 301 304(b), (c), (e), and(g), 306 (b) and (c), 307 [b) and (c), 308 and501 of the Clean Water Act (the FederalWater Pollution Control Act Amendment of1972. as amended by the Clean Water Act of1977], (the "Act"]; 33 United States. 1311. 1314(b), (c), (e), and (g), 1316 (b) and (c), 1317 (b)and (c). and 1361; 86 Stat. 816, Pub. L. 92-500;91, Stat. 1567, Pub. Li 95-217.

Subpart A-General Provisions

§ 434.10 Applicability.This part applies to discharges from

any coal mine at which the extraction ofcoal is taking place or is planned to beundertaken and to coal preparationplants and associated areas.

§434.11 General definitions.(a) The term "acid or ferruginous mine

drainage" means mine drainage which,before any treatment, either has a pH ofless than 6.0 or a total ironconcentration equal to or greater that 10mg/I.

(b) The term "active mining area"means the area, on and beneath land,used or distrubed in activity related tothe extraction, removal, or recovery ofcoal from its natural deposits. This termexcludes coal preparation plants, coalpreparation plant associated areas andpost-mimng areas.

(c) The term "alkaline mine drainage"means mine drainage which, before anytreatment, has a pH equal to or greaterthan 6.0 and a total iron concentration ofless than 10 mg/l.

(d) The term "bond release" meansthe time at which the appropriateregulatory authority returns areclamation or performance bond basedupon its determination that reclamationwork (including, in the case ofunderground mines, mine sealing andabandonment procedures) has beensatisfactorily completed.(e) The term "coal preparation plant"

means a facility where coal is subjectedto cleaning, concentrating, or otherprocessing or preparation in order toseparate coal from its impurities andthen is loaded for transit to a consumingfacility.

(f) The term "coal preparation plantassociated areas" means the coalpreparation plant yards, Immediateaccess raods, coal refuse piles, and coalstorage piles and facilities.

(g] The term "coal preparation plantwater circuit" means all pipes, channols,basins, tanks, and all other structuresand equipment that convey, contain,treat, or process any water that is usedin coal preparation processes within acoal preparation plant.

(h) Ther term "mine drainage" meansany drainage, and any water pumped orsiphoned, from an active mining area ora post-mining area.

(i) The abbreviation "ml/l" meansmilliliters per liter.

(J)(1) Notwithstanding any otherprovision of this Chapter, subject toparagraph (j)(2) of this section, the term"new source coal mine" means a coalmine (excluding coal preparation plants

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and coal preparation plant associatedareas) including an abandoned minewhich is being re-mmed:

[i] the construction of which iscommenced after [insert date of finalrule publication]; or

(ii] which is determined by the EPARegional Administrator to constitute a"major alteration" In making thisdetermination, the RegionalAdministrator shall take into accountwhether one or more of the followingevents resulting in a new, altered orincreased discharge of pollutants hasoccured after [insert date of final rulepublication] in connection with the minefor which the NPDES permit is beingconsiderd.

(A) Extraction of a coal seam notpreviously extracted by that mine;

(B] Discharge into a drainage area notpreviously affected by wastewaterdischarge from the mine;

(C) Extensive new surface disruptionat the mining operation;

(D) A construction of a new shaft,slope or drift; and

(E) Such other factors as the RegionalAdministrator deems relevant.

(2] No provision in this Part shall bedeemed to affect the classification as anew source of a facility which wasclassified as a new source coal mineunder previous EPA regulations, butwould not be classified as a new source-under this section, as modified. Norshall any provision in this part bedeemed to affect the standardsapplicable to such facilities, except asprovided in § 434.65 of this Chapter.

(k) The term "post-miing area"means: (1) A reclamation area or (2) theunderground workings of anunderground coal mine after theextraction, removal or recovery of coalfrom its natural deposit has ceased and

-prior to bond release.(1) The term "reclamation area" means

the surface area of a coal mine whichhas been returned to required contourand on which revegetation (specifically,seeding or planting) work hascommenced.

(in) The term "setteable solids" is thatmatter measured by the volumetricmethod specified in § 434.64.

(n) The term "10-year, 24-hourprecipitation event" means themaximum 24-hour precipitation eventwith a probable recurrence interval ononce in ten years as defined by theNational Weather Service and TechicalPaper No. 40, "Rainfall Freouency Atlasof the U.S.," May 1961, or eqmvalentregional or rainfall probabilityinformation developed therefrom.

(o) The terms "treatment facility" and

"treatment system" mean all structureswhich contain, convey, and asnecessary, chemically or physically treatcoal mine drainage, coal preparationplant process wastewater, or drainagefrom coAl preparation plant associatedareas, which remove pollutantsregulated by this Part from such waters.Tins includes all pipes, channels, ponds,basins, tanks and all other eqipmentserving such structures.

(p] The term "coal refuse disposalpile" means any coal refuse depositedon the earth and intended as permanentdisposal or long-term storage (greaterthan 180 days) of such material, butdoes not include coal refuse depositedwithin the active mining area or coalrefuse never removed from the activeminng area.

(q) The term "controlled surface nunedrainage" means any surface minedrainage that is pumped or siphonedfrom the active mining area.

(r) The term "abandoned mine" meansa mine where mining operations haveoccurred in the past and:

(1] The applicable reclamation bondor financial assurance has been releasedor forfeited; or

(2) If no reclamation bond or otherfinancial assurance has been posted, nomining operations have occurred for fiveyears or more.

Subpart B-Coal Preparation Plantsand Coal Preparation Plant AssociatedAreas

§ 434.20 Applicability.The provisions of this subpart are

applicable to discharges from coalpreparation plants and coal preparationplant associated areas, as indicated.including discharges which are pumped,siphoned, or drained from the coalpreparation plant water circuit and coalstorage, refuse storage, and ancillaryareas related to the cleamng orbeneficiation of coal of any rankincluding, but not limited to, bituminous.lignite, and anthracite.

§ 434.21 [Reserved].

§ 434.22 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available (BPT).

(a) Except as provided in 40 CFR125.30-125.32,40 CFR 401.17 and§ § 434.61, 434.62 and 434.63 of this Part,the following limitations establish theconcentration or quality of pollutantswhich may be discharged by anyexisting coal preparation plant and coalpreparation plant associated areas

subject to the provisions of this subpartafter application of the best practicablecontrol technology currently available-ifdischarges from such point sourcesnormally exhibit a pH of less than 6.0prior to treatment: -

BPT EFFLUFNT LimrrATIONS

Average of

Pc"~a r c~ Pa',er " ay~ nf day v~olayIdyIdayjs

Cccentran in Wg

fron. tota 7.0 3.5

ma7ne. otal1 4.0 2.0T55 70 3

PH I ' P)')

W. N-., rat.h e cf 6.0 to 9.0 at all &is.

(b) Except as provided in 40 CFR125.30-125.32, 40 CFR 401.17 and§ § 434.61 and 434.63 of this Part, thefollowing limitations establish theconcentration or quality of pollutantswhich may be discharged by anyexisting coal preparation plant and coalpreparation plant associated areassubject to the provisions of this subpartafter application of the best practicablecontrol technology currently available ifdischarges from such point sourcesnormally exhibit a pH equal to orgreater than 6.0 prior to treatment:

BPT EFFLuENT LIMITATiONS

Average cfPclWuArd Cc pdofnt Frc~erty an I c d 30Cz~tv

§ 43,3Effuen liitaion gudelnses~v

Idap

c ation n Wgi

km 1.3 7-0 3.5TS 70 3pH 2) 0-)'4.63~ Ow ra. of E0 to 9.0 at allo win

a434.23 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of thebest available technology economicallyachievable (BAT).

(a) Except as proviaed in 40 CFR125.30-125.32. and J § 434.61, 434.62 and434.63 of this Part the followinglimitations establish the concentrationor quality of pollutants which maybedischarged by any existing coalpreparation plant and coal preparationplant associated areas subject to theprovisions of this subpart afterapplication of the best availabletechnology economically achievable ifdischarges from such point sourcesnormally exhibit a pH of less than 6.0prior to treatment:

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BAT EFFLUENT LIMITATIONS-

SMaximurn Average of

dailyvalePollutant or pollutant property, fo any I foday consecutive

days

Concentration in mg/I

Iron, totn....... 7.0 3.5Manganese, total . 4.0 2.0

(b) Except as provided in 40 CVR125.30-125.32, and § § 434.61 and 434.63of this Fart, the following limitationsestablish the concentration or quality ofpollutants which may be discharged byany existing coal preparation plant andcoal preparation plant associated areassubject to the provisions of this subpartafter application of the best availabletechnology economically achievable ifdischarges from such point sourcesnormally exhibit a pH equal to orgreater than 6.0 prior to treatment:

BAT EFFLUENT LIMITATIONS

Ma r . Average ofPollutant or pollutant property for any 1 "Vy ues

day consecutivedays

Concentration in mg/Iron ...... .. [ 7.0_ 3.5

§ 434.24 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology [BCT] [Reserved]

§ 434.25 New Source PerformanceStandards (NSPS)

The following new sourceperformance standards (NSPS) shall beachieved by any new source coalpreparation plant and coal preparationplant associated areas, as indicated:

(a] Except as provided in 40 CFR401.17 and § § 434.61, 434.62 and 434:63of this Part, the following new sourceperformance standards shall apply todischarges from new source coalpreparation plants and new source coalpreparation plant associated areas, if-such discharges normally exhibit a pHof less than &.0 prior to treatment.

NSPS EFFLUENT LIMITATIONS (MG/L)

Average ofPollutant or pollutant property Maximum for dalyr 0valuesany 1 day consecutive

days

Iron, total,......... . . . 6.0 3.0Manganese, total...... 4.0 2.0TSS .............................. 70 35pH ................. ..... .. (,) (1)

6.0-9.0 at all times.

(b) Except as provided in 40 CFR401.17 and § §434.61, 434.62 and 434.63 of

this Part, the following new sourceperformance standards shall apply todischarges from new source coalpreparation plants and new source coalpreparation plant associated areas, ifsuch discharges normally exhibit a pHequal to or greater than 6.0 prior totreatment

NSPS EFFLUENT LIMITATIONS (MG/L)

Average oPollutant or pollutant property Maximum for dly vle

any day o iva,_ _ days

Iron, total 6.0 3.0rss 70 35pH _ __ () 1 (')

16.0-9.0 atall times;

Subpart C-Acid or Ferruginous MineDrainage

§ 434.30 Applicability.The provisions of this subpart are

applicable to acid or ferruginous. minedrainage from an active mining arearesulting from the mimn-g of coal of anyrank including, but not limited to,bituminous, lignite, and anthracite.

§ 434.31 [Reserved]

§ 434.32 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available (BPT).

(a) Except as provided in 40 CFR125.30-125.32, 40 CFR 401.17 and§ § 434.61, 434.62 and 434.63 of this Part,the following limitations establish theconcentration or quality of pollutantswhich may be discharged by a pointsource subject to the provisions of thissubpart after application of the bestpracticable control technology currentlyavailable:

BPT EFFLUENT LIMITATIONS

Maximum Average ofPollutant or pollutant property for 2ay o cnr

days

Concentration in mg/IIrn oa.----..... ..- 7.0 3.5Manganese, total 4.0 2.0TSS_._._., 70.0 35.0PH (1) (')

I Within the range 6.0 to 9.0 at all times.

§ 434.33 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best available technology economicallyachievable (BAT).(a) Except as provided in 40 CFR

125.30-125.32, 40 CFR 401.17 and§ § 434.61, 434.62 and 434.63 of this Part,the following limitations establish the

concentration or quality of pollutantswhich may be discharged by a pointsource subject to the provisions of thissubpart after application of the bestavailable technology economicallyachievable:

BAT EFFLUENT LIMITATIONS

Average ofMaximum daily valuesPollutant oc p llutant' property for any one for thlrt

day c0nsocutvodays

Concentration lnmgilIron, total .... ..... ..... 7,01J 3,5

Manganese, total .............. . 4.0 20

§ 434.34 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology (BCT) [Reserved]

§ 434.35 New Source PerformanceStandards (NSPS)

(a) Except as provided in 40 CFR401.17 and §§ 434.61, 434.62 and 434,63of this Part, the following new sourceperformance standards shall beachieved for any discharge from a newsource subject to this subpart:

NSPS EFFLUENT LIMITATIONS

Average ofMaximum daily values

Pollutant or pollutant properly foI n one for thirtyday consecutive

days,

Concentration In mg/l

Iron. total ..... ................ 6.0 3.0Mangane. to ...... I 4.0 20Tss .70.0 35.0pH() ()

IWithin the range 6.0 to 9.0 at all timo.

Subpart D-Alkallne Mine Drainage

§ 434.40 Applicability.The provisions of this subpart are

applicable to alkaline mine drainagefrom an active mining area resultingfrom the mining of coal of any rankincluding, but not limited to, bituminous,lignite, and anthracite.

§ 434.41 [Reserved].

§ 434.42 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available (BPT).

(a] Except as provided in.40 CFR125.30-125.32, 40 CFR 401.17, and§ § 434.61 and 434.63 of this Part, thefollwing limitations establish theconcentration or quality of pollutantswhich may be discharged by a pointsource subject to the provisions of this

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subpart after application of the bestpracticable control technology currentlyavailable:

BPT EFFLUENT LIMITATIONS

IAverage of1Mammum dalyvle

Poluant or pollutant proprt for anyone fotttI da coneYt=

Concentration In mg/I

Iron, total 7.0 3.5TSS 70.0 35.0pH- - (1) 1 (=)

I Wihin the range 6.0 to 9.0 at all tM

§ 434.43 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable.by application of thebest available technology economicallyachievable (BAT).

(a) Except as provided m 40 CFR125.30-125.32, and § § 434.61 and 434.63of this Part, the following limitationsestablish the concentration or quality ofpollutants which maybe discharged bya point source subject to the provisionsof this subpart after application of thebest available technology economicallyachievable:

BAT EFFLUENT LIMITATIONS

Maximjm d~yvlePollutant or polutnt property for anyone frtml

Concentration in mg/1

Ion. total- 7.0 3.5

§ 434.44 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology (BCT). [Reserved]

§ 434.45 New Source PerformanceStandards (NSPS)

(a) Except as provided m 40 CFR401.17 and § § 434.61 and 434.63 of thisPart, the following new sourceperformance standards ihall beachieved for any discharge from a newsource subject to this subpart:

NSPS EFFLuENT LIMITATIONS

Araeof

Pollutant or polkant property foray" 1 o30day consectilv

days

Concentratiormn ngfl

Iron , toal6. 3.0TSS 70-0 35.0pH (a to

'Wittin the range 6.0 to 9.0 at all times.

Subpart E-Post-Mlnlng Areas

§434.50 ApplicabilityThe provisions of this subpart are

applicable to discharges from post-mining areas.

-§ 434.51 [Reserved.]

§ 434.52 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best practicable control technologycurrently available (BPT).

(a) Reclamation Areas. Thelimitations m this subsection apply todischarges from reclamation areas untilthe performance bond issued to thefacility by the appropriate SMCRAauthority has been released.

(1) Except as provided in 40 CFR125.30-125.32,40 CFR 401.17 and§§ 434.61 and 434.63 (d)(2) of this Part.the following limitations establish theconcentration or quality of pollutantswhich may be discharged by a pointsource subject to the provisions of thissubsection after application of the bestpracticable control technology currentlyavailable:

BPT EFFLUENT LIMITATIONS

Polutnt or polkat

settab sMkI 0.5 mti Imaxknxn at ax frAL.

'Within the rane .0 to 0 at all tlmea.

(b) Underground Mine Drainage. Thelimitations in this subsection apply todischarges from the undergroundworkings of underground mines untilSMCRA bond release.

(1) Except as provided in 40 CFR125.30-125.32,40 CFR 401.17 and§ § 343.61. 434.62 and 434.63 of this Part,the following limitations establish theconcentration or quality of pollutants inacid or ferrugmous mine drainagesubject to the provisions of thissubsection after application of the bestpracticable control technology currentlyavailable:

BPT EFFLUENT LIMITATIONS

Po&fnt or poAagnt rpe0 fo at I o 0day aySOC~

c=dnetaion in CFg/Ion. totw 7.0 2asMangamne. towa 4.0 2.0T55 70. 35.0PH (1) )

IWithin the rag 6.0 lo 9.0 at al times.

(2) Except as provided In 40 CFR125.30-125.32, 40 CFR 401.17 and§ § 434.61 and 434.63 of this Part, the

following limitations establish theconcentration or quality of pollutants inalkaline mine drainage subject to theprovisions of this subsection afterapplication of the best practicablecontrol technology currently available:

BPT EFFLUENT LIMrTATIoNS

. I rAvzge

repreentig thedegr e effluent e

POtaval of PbMlt proty ecn I ic aly

days

ccentrii, n mg/1

7.0 3.

chevbl 70.0T35.

IWi e rang 6.0 to 9 at an times.

434.M Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by application of thebest available technology economicallyachievable (BAT).

(a) Reclamation Areas. Thelimitations of this subsection apply todischarges from reclamation areas untilSMCRA bond release.

(1) Except as provided in 40 CFRM2530-125.32, end §§ 434.61 end 434.63(d)[2) of this Part, the followinglimitations establish the concentrationor quality of pollutants which may bedischarged by a point source subject tothe provisions of this subsection afterapplication of the best availabletechnology economically achievable:

BAT EFFLUENT LIMITATONS

Pobiasnt or pO&aftnt

S0t.as n56,/I 1Ml om LMaM at aN1 ,A,

(b) Underground Mine Drainage. Thelimitations in this subsection apply todischarges from the undergroundworkings of underground mines untilSMCRA bond release.

(1) Except as provided in 40 CFR125.30-125.32, and §§ 434.61.434.62, and434.63 of this Part, the followinglimitations establish the concentrationor quality of pollutants m acid orferruginous mine drainage subject to theprovisions of this subsection afterapplication of the best availabletechnology economically achievable.

BAT EFFLUENT LIMITATIONS

I IA-eragedo

Pt ro oApedy k Icy oO

Ccncattron fn ai m

Mainganee. lowa 4-01 2.0

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(2) Except as provided in 40 CFR125.30-125.32, and § § 434.61, and 434.63of this Part, the following limitationsestablish the concentration or quality ofpollutants in alkaline mine drainagesubject to the provisions of thissubsection after application of the bestavailable technology economicallyachievable:

BAT EFFLUENT LIMITATIONS

Maximum Average ofIl valuesPollutant or pollutant property for any 1 fr30

day consecutivedays

Co rcentratVin mg/I

Iron, total ...... .... .. 7.0 3.5

§ 434.54 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the application ofthe best conventional pollutant controltechnology (BCT). [Reserved]

§ 434.55 flew Source PerformanceStandards (NSPS)

The following new sourceperformance standards shall apply tothe post-mining areas of all new sourcecoal mines:

(a) Reclamation Areas. The standardsof this subsection apply to dischargesfrom reclamation areas at new sourcecoal mines until SMCRA bond release.

(1) Except as provided in 40 CFR401.17 and §§ 434.61 and 434.63(d)(2) ofthis Part, the following new sourceperformance standards shall beachieved for a discharge subject to theprovisions of this subsection:

NSPS EFFLUENT LIMITATIONS

Pollutant or pollutant Property

Settleable c, -a .. 0.5 Mill Maxmum atall times.pH ... ... .. . . () C')

Wift the range 6.0 to 9.0 at all times.

(b) Underground Mine Drainage. Thestandards in this subsection apply todischarges from the undergroundworkings of new source undergroundmines until bond release.

(1) Except as provided in 40 CFR401.17 and § § 434.61, 434.62, and 43463of this Part, the following new sourceperformance standards shall beachieved for the discharge of any acid orferruginous mine drainage subject to thissubsection:

NSPS EFFLUENT LIMITATIONS

Average ofMamum daily values

Polutat r plltan popety for any I for 30day consecutive

days

Concentration in mg/1

Iron, total.. .............. 6.0 3.0Manganese, total ........ . 4.0 2.0

70.0 35.0pH ................... .I ')l C''Withn the range 6.0 to 9.0 at all times.

(2) Except as provided in 40 CFR401.17 § § 434.61 and 434.63 of this Part,the following new source performancestandards shall be achieved for thedischarge of any alkaline mine drainagesubject to this subsection:

NSPS EFFLUENT LIMITATIONSI Avera ge of

Mamum daiy valuesPotlutan tor pollutant propert MarxIum 3

day consecutivedays

Concentration In mg/IIron, total _ . . . 6.01 3.0

TSS . 70.0 35.0pH1 . .. ' (') (')

Withtn the range 6.0 to 9.0 at all times.

Subpart F-Miscellaneous Provisions

§ 434.60 Applicability.The provisions of this Subpart F apply

to this Part 434 as specified in SubpartsB, C, D and E.

§ 434.61 Commingling of waste streams.Where waste streams from any

facility covered by tlus Part arecombined for treatment or dischargewith waste streams from another facilitycovered by this Part, the concentrationof each pollutant m the combineddischarge may not exceed the moststringent limitations for that pollutantapplicable to any component wastestream of the discharge.

§ 434.62 Alternate effluent limitation forpH.

Where the application ofneutralization and sedimentationtreatment technology results in inabilityto comply with the otherwise applicablemanganese limitations, the permit issuermay allow the pH level in the finaleffluent to exceed 9.0 to a small extentin order that the manganese limitationscan be achieved.

§ 434.63 'Effluent limitations forprecipitation events.

(a)[1] The alternate limitationsspecified in paragraph (a)(2) of thissection apply with respect to:

(i) All discharges of alkaline minedrainage except discharges from

underground workings of undergroundmines that are not commingled withother discharges eligible for thesealternate limitations;

(ii) All discharges from steep slopeareas, (as defined in § 515(d)(4) of theSurface Mining Control and ReclamationAct of 1977 as amended (SMCRA)), andfrom mountaintop removal operations(conducted pursuant to § 515(c) ofSMCRA);

(iii) Discharges from coal preparationplants and preparation plant associatedareas (excluding acid mine drainagefrom coal refuse disposal piles).

(2) Any discharge or increase in thevolume of a discharge caused byprecipitation within any 24 hour periodless than or equal to the 10-year, 24-hourprecipitation event (or snowmelt ofequivalent volume) may comply with thefollowing limitations instead of theotherwise applicable limitations:

EFFLUENT LIMITATIONS DuRING PRECIPITATION

Pollutant or pollutant property Effluent limitations

settleable solida................ 0.5 mi/l maximum not to beexceedod.

pH ................. 6.0 to 9.0 at all timog,

(b) The following alternate limitationsapply with respect to acid or ferruginousdischarges from coal refuse disposalpiles:

Any discharge or Increase in the volume ofa discharge caused by precipitation withinany 24 hour period greater than the 1-year,24-hour precipitation event, but less than orequal to the 10-year, 24-hour precipitationevent (or snowmelt of equivalent volume)may comply with the following limitationsinstead of the otherwise applicablelimitations:

EFFLUENT LIMITATIONS DURING PRECIPITATION

Pollutant or pollutant Elfluont imitationsproperty

Setteiable co~s.......... 0.5 mill inavdnum not to beexceeded.

pH.. .................. 6.0 to 9.0 at all times.

(c) The following alternate limitationgapply with respect to acid or ferruginousmine drainage, except for dischargesaddressed above in paragraph (a)(mountaintop removal and steep slopeareas), and discharges addressed belowin paragraph (d) (controlled surfacemine discharges) and paragraph (f)(discharges from undedrgroundworkings of underground mines):

(1) Any discharge or increase in thevolume of a discharge caused byprecipitation within any 24 hour periodless than or equal to the 2-year, 24-hourprecipitation event (or snowmelt of-equivalent volume) may comply with the

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following limitations instead of theotherwise applicable limitations:

EFFLUENT LIMITATIONS DURING PRECIPITATION

Pollutant or pollutant Effl ant tationsprope t ._____

Iron, total 7.0 mgi maxmum for any Iday.

Seitteable sd_ _ 0.5 l/l maxmum not to beexceeded.

pH 6.0 to 9.0 at al times.

(2) Any discharge or increase in thevolume of a discharge caused byprecipitation within any 24-hour penodgreater than the 2-year, 24-hourprecipitation event, but less than orequal to the 10-year, 24-hourprecipitation event (or snowmelt ofequivalent volume) may comply with thefollowing limitation instead of theotherwise applicable limitations:

EFFLUENT LIMITATIONS DURING PRECIPITATION

Pollutant or pollutant Effluent initationsproperty

Settleablelds 05 .5 rnI maxmum not to beexceededl.

pH" 6.0 to 9.0 at al times.

(d)(1) The alternate limitationsspecified in paragraph (d](2) of thissection apply with respect to all

-discharges described in paragraphs (a),(b) and (c] of this section and to:

(i) Discharges of acid mine drainagefrom underground workings ofunderground mines which arecommingled with other dischargeseligible for these alternate limitations:and

(ii) Controlled acid surface minedischarges and

(iii) Discharges from reclamationareas.

(2) Any discharge of increase in thevolume of a discharge caused byprecipitation within any 24 hour periodgreater than the 10-year, 24-hourprecipitation event (or snowmelt ofequivalent volume) may comply' with thefollowing limitation instead of theotherwise applicable limitations:

EFFLUENT LIMITATIONS DURING PRECIPITATION

Poalutant or porltant Fjr~erd ke~rw /zr

PH, 1 &0 to 9.0 4t am & '*.

(e) The operator shall have the burdenof proof that the discharge or increase indischarge was caused by the applicableprecipitation event described inparagraphs (a), (b), Cc), and (d) of thisSection.

(f) Discharges of mine drainage fromunderground workings of undergroundmines which are not commingled withdischarges eligible for alternate

limitations set forth in this section shallin no event be eligible for the alternatelimitations set forth in this Section.

§ 434.64 Procedure and method detectionlimit for measurement of settleable solids.

For the purposes of this Part. thefollowing procedure shall be used todetermine settleable solids:

Fill an Imhoff cone to the one-liter markwith a thoroughtly mixed sample. Allow tosettle undisturbed for 45 minutes. Gently stiralong the inside surface of the cone with astirring rod. Allow to settle undisturbed for15minutes longer. Record the volume of settledmaterial in the cone as milliliters per liter.Where a separation of settleable and floatingmatenals occurs, do not include the floatingmaterial In the reading.

Notwithstanding any provision of 40CFR Part 130, the method detection limitfor measuring settleable solids underthis Part shall be 0.4 ml/1.

§ 434.65 Modification of NPDES permitsfor new sources.

Any coal mine or coal preparationplant which was considered a newsource under previous EPA regulationsmay, notwithstanding § 122.62 of thisChapter, apply to have its NPDES permitmodified to incorporate the revised newsource performance standards.

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Appendix A

ALTERNATE STORM LIMITATIONSFOR ACID MINE DRAINAGE

1. Discharges from undergroundworkings of undergroundmines - not camningled +

2. Discharges from undergroundworkings of undergroundmines - camingled

3. Controlled surface mine drainage

4. Non-controlled surface mine drainage(except steep slope andmountaintcp rewoval)

5. Discharges from coal refusedisposal piles

6. Discharges from steep slope andmountaintop removal areas +

7. Discharges from preparation plantassociated areas (excluding coalrefuse piles) and preparation plants +

8. Discharges-from Reclanation Areas +

* SS = ~t,.1. 0-4

Dry Weather *I

I I I I I '

, trpH,aIron

7SS,. pH, Iron, Maganese pH.

' , p rSS. pH, Iron, Manane ITSS, P, Irn

Manganese S SS I, pH

T-S, pH, Iran

manganese 1 ss pHP

SS,-pH IPH.

Precipitation Evwnt

1-yr, 24-hr 2-yr, 24-hr 10-yr, 24-hr

** Discharge caused by precipitation+ These categories do not differ .from the Oct. 13, 1982.regulation.

[FR Doc. 84-11420 Filed 5-3-84; &45 am]BILLNG CODE 6560-50-M

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