[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: 40CFR434.72]

[Page 286-287]
 
                   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. 434.72  Effluent limitations attainable by the application of the best
practicable control technology currently available (BPT).

    (a) The operator must submit a site-specific Pollution Abatement 
Plan to the permitting authority for the pollution abatement area. The 
plan must be approved by the permitting authority and incorporated into 
the permit as an effluent limitation. The Pollution Abatement Plan must 
identify characteristics of the pollution abatement area and the pre-
existing discharges. The Pollution Abatement Plan must be designed to 
reduce the pollution load from pre-existing discharges and must identify 
the selected best management practices (BMPs) to be used. The plan must 
describe the design specifications, construction specifications, 
maintenance schedules, criteria for monitoring and inspection, and 
expected performance of the BMPs. The BMPs must be implemented as 
specified in the plan.
    (b) (1) Except as provided in 40 CFR 125.30 through 125.32 and 
paragraph (b)(2) of this section, the following effluent limits apply to 
pre-existing discharges:

                          Effluent Limitations
------------------------------------------------------------------------
               Pollutant                           Requirement
------------------------------------------------------------------------
(i) Iron, total........................  May not exceed baseline
                                          loadings (as defined by
                                          Appendix B of this part).
(ii) Manganese, total..................  May not exceed baseline
                                          loadings (as defined by
                                          Appendix B of this part).
(iii) Acidity, net.....................  May not exceed baseline
                                          loadings (as defined by
                                          Appendix B of this part).

[[Page 287]]


(iv) 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. \1\
------------------------------------------------------------------------
\1\ 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.

    (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 as a 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 pre-existing discharges so extensive that 
monitoring of individual discharges is infeasible.