[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR434.70]

[Page 285-286]
 
                   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. 434.70  Specialized definitions.

    Source: 67 FR 3406, Jan. 23, 2002, unless otherwise noted.


    (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-existing 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

[[Page 286]]

regulatory authority after consideration of soil, climate, and other 
characteristics of a region or State. This term does not apply to those 
situations in which an operator is mining on flat or gently rolling 
terrain, on which an occasional steep slope is encountered and through 
which the mining operation is to proceed, leaving a plain or 
predominantly flat area.
    (e) The term new source remining operation means a remining 
operation at a coal mine where mining first commences after February 22, 
2002 and subsequently becomes an abandoned mine.