[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR434.71]

[Page 289]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 434--COAL MINING POINT SOURCE CATEGORY BPT, BAT, BCT LIMITATIONS AND NEW SOURCE PERFORMANCE STANDARDS--Table of Contents
 
                        Subpart G--Coal Remining
 
Sec. 434.71  Applicability.

    (a) This subpart applies to pre-existing discharges that are located 
within or are hydrologically connected to pollution abatement areas of a 
coal remining operation.
    (b) A pre-existing discharge that is intercepted by active mining or 
that is commingled with waste streams from active mining areas for 
treatment is subject to the provisions of Sec. 434.61 Commingling of 
waste streams. For the purposes of this subpart, Sec. 434.61 requires 
compliance with applicable BPT, BAT, BCT, and NSPS effluent limitations 
in subparts C, D, and F of this part. Section 434.61 applies to the 
commingled waste stream only during the time when the pre-existing 
discharge is intercepted by active mining or is commingled with active 
mine wastewater for treatment or discharge. After commingling has 
ceased, the pre-existing discharge is subject to the provisions of this 
part.
    (c) In situations where coal remining operations seek reissuance of 
an existing remining permit with BPJ limitations and the regulatory 
authority determines that it is not feasible for a remining operator to 
re-establish baseline pollutant levels in accordance with the 
statistical procedures contained in Appendix B of this part, pre-
existing discharge limitations at existing remining operations shall 
remain subject to baseline pollutant levels established during the 
original permit application.
    (d) The effluent limitations in this subpart apply to pre-existing 
discharges until the appropriate SMCRA authority has authorized bond 
release.

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