[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: 40CFR434.82]

[Page 288]
 
                   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. 434.82  Effluent limitations attainable by the application of the best 
practicable control technology currently available (BPT).

    Except as provided in 40 CFR 125.30 through 125.32, the following 
effluent limitations apply to mine drainage from applicable areas of 
western coal mining operations:
    (a) The operator must submit a site-specific Sediment Control Plan 
to the permitting authority that is designed to prevent an increase in 
the average annual sediment yield from pre-mined, undisturbed 
conditions. The Sediment Control Plan must be approved by the permitting 
authority and be incorporated into the permit as an effluent limitation. 
The Sediment Control Plan must identify best management practices (BMPs) 
and also must describe design specifications, construction 
specifications, maintenance schedules, criteria for inspection, as well 
as expected performance and longevity of the best management practices.
    (b) Using watershed models, the operator must demonstrate that 
implementation of the Sediment Control Plan will result in average 
annual sediment yields that will not be greater than the sediment yield 
levels from pre-mined, undisturbed conditions. The operator must use the 
same watershed model that was, or will be, used to acquire the SMCRA 
permit.
    (c) The operator must design, implement, and maintain BMPs in the 
manner specified in the Sediment Control Plan.