[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR434.85]

[Page 292-297]
 
                   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 H--Western Alkaline Coal Mining
 
Sec. 434.85  New source performance standards (NSPS).

    Any new source western coal mining operation with drainage subject 
to this subpart must meet the effluent limitations in Sec. 434.82.

    Appendix A to Part 434--Alternate Storm Limitations for Acid or 
                        Ferruginous Mine Drainage

[[Page 293]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.113


[[Page 294]]



Appendix B to Part 434--Baseline Determination and Compliance Monitoring 
           for Pre-existing Discharges at Remining Operations

                    I. General Procedure Requirements

    a. This appendix presents the procedures to be used for establishing 
effluent limitations for pre-existing discharges at coal remining 
operations, in accordance with the requirements set forth in Subpart G; 
Coal Remining. The requirements specify that pollutant loadings of total 
iron, total manganese, total suspended solids, and net acidity in pre-
existing discharges shall not exceed baseline pollutant loadings. The 
procedures described in this appendix shall be used for determining 
site-specific, baseline pollutant loadings, and for determining whether 
discharge loadings during coal remining operations have exceeded the 
baseline loading. Both a monthly (single-observation) procedure and an 
annual procedure shall be applied, as described below.
    b. In order to sufficiently characterize pollutant loadings during 
baseline determination and during each annual monitoring period, it is 
required that at least one sample result be obtained per month for a 
period of 12 months.
    c. Calculations described in this appendix must be applied to 
pollutant loadings. Each loading value is calculated as the product of a 
flow measurement and pollutant concentration taken on the same date at 
the same discharge sampling point, using standard units of flow and 
concentration (to be determined by the permitting authority). For 
example, flow may be measured in cubic feet per second, concentration in 
milligrams per liter, and the pollutant loading could be calculated in 
pounds per year.
    d. Accommodating Data Below the Maximum Daily Limit at subpart C of 
this part. In the event that a pollutant concentration in the data used 
to determine baseline is lower than the daily maximum limitation 
established in subpart C of this part for active mine wastewater, the 
statistical procedures should not establish a baseline more stringent 
than the BPT and BAT effluent standards established in subpart C of this 
part. Therefore, if the total iron concentration in a baseline sample is 
below 7.0 mg/L, or the total manganese concentration is below 4.0 mg/L, 
the baseline sample concentration may be replaced with 7.0 mg/L and 4.0 
mg/L, respectively, for the purposes of some of the statistical 
calculations in this Appendix B. The substituted values should be used 
for all methods in this Appendix B with the exception of the calculation 
of the interquartile range (R) in Method 1 for the annual trigger (Step 
3), and in Method 2 for the single observation trigger (Step 3). The 
interquartile range (R) is the difference between the quartiles 
M-1 and M1; these values should be calculated 
using actual loadings (based on measured concentrations) when they are 
used to calculate R. This should be done in order to account for the 
full range of variability in the data.

    II. Procedure for Calculating and Applying a Single-Observation 
                            (Monthly) Trigger

    Two alternative methods are provided for calculating a single-
observation trigger. One method must be selected and applied by the 
permitting authority for any given remining permit.

      A. Method 1 for Calculating a Single Observation Trigger (L)

    (1) Count the number of baseline observations taken for the 
pollutant of interest. Label this number n. In order to sufficiently 
characterize pollutant loadings during baseline determination and during 
each annual monitoring period, it is required that at least one sample 
result be obtained per month for a period of 12 months.
    (2) Order all baseline loading observations from lowest to highest. 
Let the lowest number (minimum) be x(1), the next lowest be 
x(2), and so forth until the highest number (maximum) is 
x(n).
    (3) If fewer than 17 baseline observations were obtained, then the 
single observation trigger (L) will equal the maximum of the baseline 
observations (x(n)).
    (4) If at least 17 baseline observations were obtained, calculate 
the median (M) of all baseline observations:
    Instructions for calculation of a median of n observations:
    If n is odd, then M equals x(n/2+1/2).
    For example, if there are 17 observations, then M = 
X(17/2+1/2) = x(9), the 9th highest 
observation.
    If n is even, then M equals 0.5 * (x(n/2) + 
x(n/2+1)).
    For example, if there are 18 observations, then M equals 0.5 
multiplied by the sum of the 9th and 10th highest observations.
    (a) Next, calculate M1 as the median of the subset of 
observations that range from the calculated M to the maximum 
x(n); that is, calculate the median of all x larger than or 
equal to M.
    (b) Next, calculate M2 as the median of the subset of 
observations that range from the calculated M1 to 
x(n) ; that is, calculate the median of all x larger than or 
equal to M1.
    (c) Next, calculate M3 as the median of the subset of 
observations that range from the calculated M2 to 
x(n) ; that is, calculate the median of all x larger than or 
equal to M2.
    (d) Finally, calculate the single observation trigger (L) as the 
median of the subset of observations that range from the calculated 
M3 to x(n).

[[Page 295]]

    Note: When subsetting the data for each of steps 3a-3d, the subset 
should include all observations greater than or equal to the median 
calculated in the previous step. If the median calculated in the 
previous step is not an actual observation, it is not included in the 
new subset of observations. The new median value will then be calculated 
using the median procedure, based on whether the number of points in the 
subset is odd or even.
    (5) Method for applying the single observation trigger (L) to 
determine when the baseline level has been exceeded
    If two successive monthly monitoring observations both exceed L, 
immediately begin weekly monitoring for four weeks (four weekly 
samples).
    (a) If three or fewer of the weekly observations exceed L, resume 
monthly monitoring
    (b) If all four weekly observations exceed L, the baseline pollution 
loading has been exceeded.

      B. Method 2 for Calculating a Single Observation Trigger (L)

    (1) Follow Method 1 above to obtain M1 (the third 
quartile, that is, the 75th percentile).
    (2) Calculate M-1 as the median of the baseline data 
which are less than or equal to the sample median M.
    (3) Calculate interquartile range, R = (M1 - 
M-1).
    (4) Calculate the single observation trigger L as

L = M1 + 3 * R

    (5) If two successive monthly monitoring observations both exceed L, 
immediately begin weekly monitoring for four weeks (four weekly 
samples).
    (a) If three or fewer of the weekly observations exceed L, resume 
monthly monitoring
    (b) If all four weekly observations exceed L, the baseline pollution 
loading has been exceeded.

      III. Procedure for Calculating and Applying an Annual Trigger

     A. Method 1 for Calculating and Applying an Annual Trigger (T)

    (1) Calculate M and M1 of the baseline loading data as 
described above under Method 1 for the single observation trigger.
    (2) Calculate M-1 as the median of the baseline data 
which are less than or equal to the sample median M.
    (3) Calculate the interquartile range, R = (M1 - 
M-1).
    (4) The annual trigger for baseline (Tb) is calculated as:
    [GRAPHIC] [TIFF OMITTED] TR23JA02.002
    
where n is the number of baseline loading observations.
    (5) To compare baseline loading data to observations from the annual 
monitoring period, repeat steps 1-3 for the set of monitoring 
observations. Label the results of the calculations M' and R'. Let m be 
the number of monitoring observations.
    (6) The subtle trigger (Tm) of the monitoring data is calculated as:
    [GRAPHIC] [TIFF OMITTED] TR23JA02.003
    
    (7) If Tm  Tb, the median loading of the monitoring 
observations has exceeded the baseline loading.

     B. Method 2 for Calculating and Applying an Annual Trigger (T)

    Method 2 applies the Wilcoxon-Mann-Whitney test to determine whether 
the median loading of the monitoring observations has exceeded the 
baseline median. No baseline value T is calculated.

         (1) Steps for Conducting the Wilcoxon-Mann-Whitney Test

    (a) Let n be the number of baseline loading observations taken, and 
let m be the number of monitoring loading observations taken. In order 
to sufficiently characterize pollutant loadings during baseline 
determination and during each annual monitoring period, it is required 
that at least one sample result be obtained per month for a period of 12 
months.
    (b) Order the combined baseline and monitoring observations from 
smallest to largest.
    (c) Assign a rank to each observation based on the assigned order: 
the smallest observation will have rank 1, the next smallest will have 
rank 2, and so forth, up to the highest observation, which will have 
rank n + m.
    (1) If two or more observations are tied (have the same value), then 
the average rank for those observations should be used. For example, 
suppose the following four values are being ranked:

3, 4, 6, 4

Since 3 is the lowest of the four numbers, it would be assigned a rank 
of 1. The highest of the four numbers is 6, and would be assigned a rank 
of 4. The other two numbers are both 4. Rather than assign one a rank of 
2 and the other a rank of 3, the average of 2 and 3 (i.e., 2.5) is given 
to both numbers.
    (d) Sum all the assigned ranks of the n baseline observations, and 
let this sum be Sn.
    (e) Obtain the critical value (C) from Table 1. When 12 monthly data 
are available for both baseline and monitoring (i.e., n = 12 and m = 
12), the critical value C is 99.
    (f) Compare C to Sn. If Sn is less than C, 
then the monitoring loadings have exceeded the baseline loadings.

[[Page 296]]

       (2) Example Calculations for the Wilcoxon-Mann-Whitney Test


                                                  BASELINE DATA
---------
   8.0       9.0       9.0      10.0      12.0      15.0      17.0     18.0     21.0     23.0     28.0     30.0
---------
                                                 MONITORING DATA
---------
   9.0      10.0      11.0      12.0      13.0      14.0      16.0     18.0     20.0     24.0     29.0     31.0
---------
                                                 BASELINE RANKS
---------
   1.0       3.0       3.0       5.5       8.5      12.0      14.0     15.5     18.0     19.0     21.0     23.0
---------
                                                MONITORING RANKS
---------
   3.0       5.5       7.0       8.5      10.0      11.0      13.0     15.5     17.0     20.0     22.0    24.0
----------------------------------------------------------------------------------------------------------------
Sum of Ranks for Baseline is Sn = 143.5, critical value is Cn,m = 99.

         (3) Critical Values for the Wilcoxon-Mann-Whitney Test

    (a) When n and m are less than 21, use Table 1.
    In order to find the appropriate critical value, match column with 
correct n (number of baseline observations) to row with correct m 
(number of monitoring observations)\*\.

                                             Table 1--Critical Values (C) of the Wilcoxon-Mann-Whitney Test
                                                 (for a one-sided test at the 0.001 significance level)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   n  m                       10        11        12        13        14        15        16        17        18        19        20

-------------------------------------------
10........................................       66        79        93       109       125       142       160       179       199       220       243
-------------------------------------------
11........................................       68        82        96       112       128       145       164       183       204       225       248
-------------------------------------------
12........................................       70        84        99       115       131       149       168       188       209       231       253
-------------------------------------------
13........................................       73        87       102       118       135       153       172       192       214       236       259
-------------------------------------------
14........................................       75        89       104       121       138       157       176       197       218       241       265
-------------------------------------------
15........................................       77        91       107       124       142       161       180       201       223       246       270
-------------------------------------------
16........................................       79        94       110       127       145       164       185       206       228       251       276
-------------------------------------------
17........................................       81        96       113       130       149       168       189       211       233       257       281
-------------------------------------------
18........................................       83        99       116       134       152       172       193       215       238       262       287
-------------------------------------------
19........................................       85       101       119       137       156       176       197       220       243       268       293
-------------------------------------------
20........................................       88       104       121       140       160       180       202       224       248       273       299
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) When n or m is greater than 20 and there are few ties, calculate 
an approximate critical value using the following formula and round the 
result to the next larger integer. Let N = n + m.
[GRAPHIC] [TIFF OMITTED] TR23JA02.004


[[Page 297]]


    For example, this calculation provides a result of 295.76 for n = m 
= 20, and a result of 96.476 for n = m = 12. Rounding up produces 
approximate critical values of 296 and 97.
    (c) When n or m is greater than 20 and there are many ties, 
calculate an approximate critical value using the following formula and 
round the result to the next larger integer. Let S be the sum of the 
squares of the ranks or average ranks of all N observations. Let N = n + 
m.
[GRAPHIC] [TIFF OMITTED] TR23JA02.005

    In the preceding formula, calculate V using
    [GRAPHIC] [TIFF OMITTED] TR23JA02.006
    

[67 FR 3408, Jan. 23, 2002]