coal mining effluent guidelines - interim final rule ... · in the coal mining point source...

48830 RULES AND REGULATIONS

Title 40-Protection of the Environment

CHAPTER I-ENVIRONMENTALPROTECTION AGENCY

[FRL 444-21

PART 434--COAL MINING POINT SOURCECATEGORY

Interim Final Rule Making

Notice is hereby given that effluent lim-itations and guidelines for existingsources to be achieved by the applica-tion of best practicable control tech-nology currently available as set forthin interim final form below are promul-gated by the Environmental ProtectionAgency (EPA). The regulation set forthbelow establishes Part 434-coal miningpoint source category and will be ap-plicable to existing sources for the coalpreparation plant subcategory (SubpartA), the coal storage, refuse storage andcoal preparation ancillary area subcate-gory (Subpart B), the acid or ferrugi-nous mine drainage subcategory (Sub-part C), and the alkaline mine drain-age subeategory (Subpart D) of thecoalmining point source category pursuant tosections 301, 304 (b) and (c), of the Fed-eral Water Pollution Control Act, asamended (33 U.S.C. 1251, 1311, 1314 (b)and (c), 86 Stat. 816 et seq.; Pub. L. 92-500) (the Act). Simultaneously the Agen-cy Is publishing in proposed form pre-treatment standards for existing sourcesin the coal mining point source category.The Agency expects to publish at. a futuredate proposed effluent limitations andguidelines for existing sources -to beachieved by the application of best avail-able technology economically achievable,standards of performance for new pointsources and pretreatment standards fornew sources.

(a) Legal authority. (1) Existing pointsources. Section 301(b) of the Act re-quires the achievement by not later thanJuly 1, 1977, of effluent limitations forpoint sources, other than publicly ownedtreatment works, which require the ap-plication of the best practicable controltechnology currently available as definedby the Administrator pursuant to section304(b) of the Act. Section 301(b) alsorequires the achievement by not laterthan July 1, 1983, of effluent limitations.for point sources, other than publiclyowned treatment works which requirethe application of best available tech-nology economically achievable whichwill result in reasonable further progresstoward the national goal of eliminatingthe discharge of all pollutants, as de-termined In accordance with regulationsissued by the Administrator pursuant tosection 304(b) of the Act.

Section 304(b) of the Act requires theAdministrator to publish regulations pro-viding guidelines for effluent limitationssetting forth the degree of effluent re-duction attainable through the :pplica-tion of the best practicable control tech-nology currently available and the de-gree of effluent reduction attainablethrough the application of the best con-trol measures and practices achievableincluding treatment techniques, processand 'procedural innovations, operating

methods and other alternatives. The reg-ulation herein sets forth effluent limita-tions and guidelines, for the degree oeffluent reduction attainable through theapplication of best practicable controtechnology currently available pursuantto sections 301 and 304(b) of the Actfor the coal preparation plant subcate-gory (Subpart A), the coal storage, ref-use storage and the coal preparation

-plant ancillary area subcategory (Sub-part B), the acid or ferruginous minedrainage subcategory (Subpart C), andthe alkaline mine drainage subcategory(Subpart D) of the coal mining pointsource- category.

The Agency expects to publish at afuture date best available technology eco-nomically achievable which will set forththe effluent limitations and guidelinesattainable through the application of thebest control measures "and practicesachievable including treatment tech-niques, process and procedure innova-tions, operating methods, and other al-ternatives for the coal preparation plantsubcategory (Subpart A), the coal stor-age, refuse storage and the coal prepara-tion plant ancillary, area subcategory(Subpart B), the acid or ferruginousmine drainage subcategory (Subpart C),and the alkaline mine drainage subcate-gory (Subpart D) of the coal mine pointsource category.

Section 304(6) of the Act requires theAdministrator to issue to the States andappropriate water pollution controlagencies information on the processes,procedures or operating methods whichresult in the elimination or reduction ofthe discharge of pollutants to implementstandards of performance under section306 of the Act. The report or "Develop-ment Document" referred to below pro-vides, pursuant to section 304(c) of theAct, information on such processes, pro-cedures or operating methods.

(2) New sources. Section 306 of theAct requires the achievement by newsources of a Federal standard of per-formance providing for the control of thedischarge of pollutants which reflectsthe greatest degree of effluent reductionwhich the Administrator determines tobe -achievable through application of thebest available demonstrated controltechnology, processes, operating meth-ods, or other alternatives, including,where practicable, a standard permittingno discharge of pollutants.

Section 306 also requires the Adminis-trator to propose regulations establish-ing Federal standards of performancefor categories of new sources included ina list published pursuant to section 306of the Act. Regulations will be proposedat a later date which will set forth thestandards of performance applicable tonew sources for the coal preparationplant subcategory (Subpart A), the coalstorage, refuse storage and the coalpreparation plant ancillary area sub-category (Subpart B), the acid or fer-ruginous mine drainage subcategory(Subpart C), and the alkaline minedrainage subcategory (Subpart D) of thecoal mining point source category.

Section 307(b) of the Act requires theestablishment of pretreatment standards

f for pollutants introduced Into publiclyowned treatment works and 40 CFR 128

l establishes that the Agency will proposespecific pretreatment standards at the

, time effluent limitations are establishedfor point source discharges.

Section 307(c) of the Act requires theAdministrator to promulgate pretreat-ment standards for new sources at thesame time that standards of perform-ance for new sources are promulgatedpursuant to section 306,

(b) Summary and basis of Interimfinal effluent limitations and guidelinesfor existing sources, proposed effluentlimitations and guidelines for existing"sources to be achieved by the applicationof the best available technology economi-cally achievable, proposed standards ofperformance for new sources, and pro-posed pretreatment standards for bothnew and existing sources.

(1) General methodeology. The effluentlimitations and guidelines set forthherein were developed in the followingmanner. The point source category wasfirst studied for the purpose of determin-

. ing whether separate limitations are ap-propriate for different segments withinthe category. This analysis included adetermination of whether differences inraw material used, product produced,manufacturing process employed, age,size, waste water constituents and otherfactors require development of separatelimitations for different segments of thepoint source category. The raw wastecharacteristics for each such segmentwere then Identified. This included ananalysis of the source, flow and volumeof water used in the process employed,the sources of waste and waste waters inthe operation and the constituents of allwaste water. The constituents of thewaste waters which should be subject toeffluent limitations were identified.

The control and treatment tech-nologies existing within each segmentwere identified. This included an Identi-fication of each distinct control andtreatment technology, Including both in-plant and end-of-process technologies,which is existent or capable of beingdesigned for each segment. It also in-cluded an identification of, in terms ofthe amount of constituents and thechemical, physical, and biological char-acteristics of pollutants, ihe effluent levelresulting from the application of each ofthe technologies. The problems, limita-tions and reliability of each treatmentand control technology were also identi-fied. In addition, the nonwater qualityenvironmental Impact, such as the effectsof the application of such technologiesupon other pollution problems, includingair, solid waste, noise and radiation wereIdentified. The energy requirements ofeach control and treatment technologywere determined as well as the cost of theapplication of such technologies.

The information, as outlined above,was then evaluated In order to deter-mine what levels of technology constitutethe "best practicable control technology

FEDERAL REGISTER, VOL. 40, NO. 202-FRIDAY, OCTOBER 17, 1975

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RULES AND REGULATIONS 48831

currently available." In identifying suchtechnologies, various -factors were con-sidered. These included the total cost ofapplication of technology in relation tothe effluent reduction .benefits to beachieved.from- such application, the ageof equipment and facilities involved, theprocess employed, the engineering as-pects of the application of various typesof control techniques, process - changes,nonwater quality environmental impact(including energy requirements) andother factors.

The data upon which the above analy-sis was performed included EPA permitapplications, EPA sampling and inspec-tions,; consultant reports, and industrysubmissions.

(2) Summary of conclusions with re-spect to the coal preparation plant sub-category (Subpart A), the coal storage,refuse storage and the coal 'preparationplant ancillary are a subcategory (Sub-part-B), the acid or ferruginous minedrainage: subcategory (Subpart C), andthe alkaline mine drainage subcategory(Subpart D) -of the coal mining pointsource category.

.i) Categorization. For the purpose ofstudying waste treatmeht and effluentlimitations the coal mine point sourcecategory was initially subcategorized bythe established Standard Industrial Clas--sification (SIC) groups applicable to thecoal mining industry. These SIC groupswere then further subdivided by: -geo-graphic location of the mine, type ofmine -surface or deep), and size of mine(annual tonnage); all based on antici-pated -variations in raw waste water.After statistical analysis of the data ob-tained -during- the study it was deter-mined that based on waste treatment thecoal mining point souro category shouldbe divided -into four -discrete subcate-gories basedon the origin of the- wastewater, i.e., waste water frbm the miningactivities themselves and waste waterfrom the coal:preparation activities, ormining services' activities. Waste waterfrom- the mining activities themselveswas further subdivided by the charac-teristics of the raw mind drainage. Coalpreparation, or mining services activi-ties, were subdivided as to the wastewater from the preparation plants them-selves and the waste 'water from coalstorage, refuse storage, and the ancillaryareas assbciated with the coal prepara-tion plants.

- (1) Subpart A-Coal PreparationPlant. The pfovisions of this subpart areapplicable to discharges resulting fromthe cleaning or benefication of coal ofany -rankincluding but not limited tobituminous, lignite, and anthracite..- (2) Subpart B--Coal Storage, Refuse

Storage, and the Coal Preparation PlantAncillary Area. The lirovisions of thissubpart are applicable' to -dischargeswhich are pumped, siphoned or drainedfrom coal storage, refuse storage andcoal preparation plant ancillary areasrelated to the cleaning or beneficiationof coal of any rank including but' notlimited to bituminous, lignite and an-thracite.

(3) Subpart C-Acid or FerruginousMine Drainage. The provisions of thissubpart, are applicable to acid or fer-ruginous mine drainage resulting fromthe mining .of coal of any rank, includingbut not limited to bituminous, lignite,and anthracite.,

(4) Subpart D--Alkaline Mine Drain-age. The provisions of this subpart areapplicable to alkaline mine drainage re-sulting from 'the mining of coal of anyrank including but not limited to bituml-nous, lignite, and anthracite.

(i) Waste characteristics. The rawwaste characteristics of coal prepara-tion plant process water are highly de-pendent upon the particular process orrecovery technique utilized In the opera-tion. Process techniques generally re-quire an alkaline media for efficient andeconomic operation, therefore processater does not dissolve significant quan-

tities of the constituents present in theraw coal. The principal pollutant presentn coal preparation plant process wateris suspended solids. In preparation plantsleaning coal fines, process water con-

tains less suspended solids than processater at coal preparation plants which

o not clean or recover coal fines.The raw waste characteristics of the

ischarge from coal storage, refuse stor-ge and coal preparation plant ancillaryreas are characterized as being gen-rally similar to the raw mine drainaget the mine served by the preparationlant. Geologic and geographic setting ofhe mine and the nature of the coalined affect the characteristics of the

ischarge from coal storage, refuse stor-ge, and the coal preparation plant an-illary areas.The, raw waste characteristics of theaste water discharged from the actualoal mining activities themselves varyignificantly. The chemical character-stics of raw mine drainage are deter-

ined by local and regional geology ofhe coal, associated overburden, andine bottom. Raw mine drainage ranges

rom grossly polluted to drinking wateruality. Major differences were observedetween the two classes of raw minerainage (1. acid or ferruginous, and 2.lkaline) which are generally represent-tive of .geographic areas. These differ-nces are unrelated or only indirectlyelated to mine size (annual tonnage)nd mine type (deep or surface). Eachlass of mine 'drainage is directly re-ated to the treatment technology re-uired.Acid or ferruginous mine drainage can

e characterized as raw mine drainageequiring neutralization and sedimenta-ion which is acid with high Iron con-entrations and varying concentrationf other metal ions-including aluminum,anganese, nickel, and zinc, plus vary-

ng concentrations of total suspendedolids. Alkaline mine drainage can beharacterized as raw mine drainage of-enerally acceptable quality, not requir-g neutralization, but possibly requiring

edimentation to reduce concentrationf suspended solids.Effluent limitations guidelines and

tandards of performance are estab-

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lished to control pollutant parametersbased primarily on the following cri-teria: (1) pollutants which are fre-quently present in coal mine point sourcedischarges in concentrations deleteriousto aquatic organisms; (2) technologyexists for the reduction or removal of thepollutant in question; and (3) researchdata indicates that certain concentra-tions of pollutants are capable of dis-rupting an aquatic ecosystem. The fol-lowing were identified as the pollutantsin coal mine drainage, coal storage, ref-use storage, and preparation plant an-cillary area waste water discharges:acidity, iron, manganese, aluminum,nickel, zinc, and suspended solids. Thefollowing were Identified as the pollut-ants in preparation plant waste waterdischarges: acidity, iron, and suspendedsolids.

Several other waste water constituentswere considered including: total dis-solved solids, sulfates, fluorides, stron-tium, and ammonia. Effluent limitationshave not been proposed for ammonia,sulfates, fluoride, and strontium becausethe level observed in coal mine wastewater discharges generally do not war-rant concern. Total dissolved solids con-centrations in coal mine discharges ap-proach levels capable of disrupting anaquatic ecosystem, but economicallyfeasible technology for achievingsub-stantial reductions in dissolved solidslevels does not exist at this time.

(ill) Origin of waste water pollutants.Coal preparation plants fall into threegeneral stages, based on degree of clean-ing and uhit operations. Stage 1 consistsof crushing and sizing which are basi-cally dry processes and do not producea waste water discharge. Stage 2 con-sists of primary crushing, sizing, gravityseparation of coarse coal, dewatering ofclean coal and refuse, and removal ofcoal and refuse fines from process waters.Stage 3 consists of crushing, sizing, grav-Ity separation of all sizes of coal, second-ary separation of coal fines or froth flo-tation, dewatering of clean coal and re-use, heavy media recovery when re-quired, thermal drying of clean coal, andemoval of coal and refuse fines fromrocess water. Stages 2 and 3 coal 'prep-ration plants use water in the bene-iclation processes. Fine coal and mineralarticles are suspended in the coal prep-ration plant process waters, and someinerals associated with the coal and

ts impqjrities. are dissolved in the coalreparation plant's process water. Addi-ional waste water of a non-contactature may result from boiler blowdownsnd non-contact cooling waters such asearing cooling water.The waste water situation evident in

he mining segment of the coal industrys unlike that encountered in most otherndustries. Water enters mines via pre-ipitation, ground water Infiltration,nd runoff where It may become pollutedy contact with materials in the coal,verburden material, or mine bottom.xcept for dust control and fire protec-ion, water is not used in the actual min-ng of coal In the U.S. at the present time.

aste water handling and management

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FEDERAL REGISTiR, -VOL 40, NO. 202--FRIDAY, OCTOBER 17, 1975



is required, and is a part of most coalmining methods or systems to insure thecontinuance of the mining operation andto improve the efficiency of the miningoperation. This waste water is dischargedfrom the mine as mine drainage. Minedrainage may be polluted and requiretreatment before it can be discharged tonavigable waters. Inaddition to handlingand treating often massive volumes ofwaste water during actual mining opera-tions or coal loading, coal mine opera-tors are faced with the same burden dur-ing Idle periods. Mine drainage may con-tinue indefinitely after all mining opera-tions have ceased if proper mining meth-ods, control technology and reclamationis not employed, or even increase in in-tensity after mine closure if proper minedrainage control technology is not em-ployed. Control of mine drainage aftermine abandonment is not included in theinterim final regulation although tech-niques are described in the DevelopmentDocument, referenced below, which cancontrol or ameliorate mine drainageafter mine closure and all activities as-sociated with the mine have ceased.

Water enters coalstorage, refuse stor-age, and coal preparation plant ancillaryareas via precipitation, wash down, andrunoff where it comes into contact withcoal or coal refuse. The waste water dis-charges from coal storage, refuse storage,and coal preparation plant ancillaryareas contain pollutants similar to thepollutants discharged by the mine servedby the preparation plant. As with thecoal mining segment of the industry,waste water handling from coal storage,refuse storage, and coal preparationplant ancillary areas continue during idleperiods; and may continue indefinitelyfrom refuse storage after preparationplant closure if proper control tech-nology is not employed, although thesecontrol technologies are not required aspart of these iterim final regulations.

These waste waters from the miningsegment and the coal storage, refusestorage and coal preparation ancillaryareas of the coal mining industry are un-related, or only indirectly related, to pro-duction quantities. Therefore, raw wasteloadings are expressed in terms of con-centration rather than units of produc-tion.,

(iv) Treatment and control tech-nology. Waste water treatment and con-trol technologies have been studied foreach subcategory of the industry todetermine what is the best practicabldcontrol technology currently available.

Waste water control technology in-cludes techniques employed before, dur-ing and after the actual mining opera-tion to reduce or eliminate adverse en-vironmental effects resulting from wastewater discharges from coal mine porie,sources. Control technology as discussedin the Development Document, refer-enced below, has been categorized &s tocontrol technology related to surfacemining, underground mining, and coalpreparation. Surface mine pollution con-trol technology is divided into two majorcategories-mining technology (specificmining techniques) and final waste

water pollution control technology (rec-lamation of land areas disturbed bymining). Underground mine pollutioncontrol technology is divided Into meth-ods of reducing water influx into mineworkings, and preplanned- flooding onmine closure. Coal'preparation pollutioncontrol technology is divided into surfacewater control and final waste water pol-lution control technology at preparationplant refuse disposal areas (reclama-tion).

Waste water treatment technology iscategorized in the Development Docu-ment, referenced below, as to treatmenttechnology for coal preparation plantprocess waste water and treatment tech-nology for the two classes of mine drain-age. Coal preparation plant process wastewater treatment consists primarily ofclarification techniques for suspendedsolids removal including thickenlers, floc-culation, settling basins, vacuum filtra-tion, and pressure filtration. Of the morethan 180 coal preparation facilities util-izing wet cleaning processes investigatedduring the study (either through sitevisits or industry supplied data), over100 located in various terrain and geo-graphic locations had closed water cir-cuits. Treatment technology for acid orferruginous mine drainage includes flowequalization, acidity neutralization andprecipitation of insoluble metal hydrox-ides, ferrous iron oxidation, and suspend-ed solids removal. Surface holding pondsor underground sumps are employed to

-equalize the flow of mine drainage be-fore treatment. Mineral acidity in theraw mine drainage is neutralized with analkali, usually hydrated lime, which re-moves iron, manganese, and other solu-ble metals through the formation oftheir insoluble hydroxides. When iron ispresent in raw mine drainage in the fer-,rous form, usual practice is to provideaeration facilities for oxidation to theferric state. Suspended solids are formedas a result- of- the chemical treatment.Both earthen settling basins and me-chanical clarifiers are used for removal)of these suspended solids. Treatmenttechnology for alkaline mine drainageconsists of solids removal when required.

The proper management of solidwastes resulting from pollution controlsystems must be practiced. Pollutioncontrol technologies generate many dif-ferent amounts and types of solid wastesand liquid concentrates through the re-moval of pollutants. These substancesvary greatly in their chemical and phy-sical composition and may be eitherhazardous or non-hazardous. A varietyof techniques may be employed to dis-pose of these substances depending onthe degree of hazard.

If thermal processing (incineration) isthe choice for disposal, provisions mustbe made to ensure against entry of haz-'ardous pollutants into the atmosphere.Consideration should also be given torecovery of materials of value in thewastes'

For those waste materials consideredto be non-hazardous where land disposalis the choice for disposal, practices simi-

lar to proper sanitary landfill technologymay be followed. The principles set forthin the EPA's Land Disposal of SolidWastes Guidelines 40 CFR 241 may beused as guidance for acceptable land dis-posal techniques.

For those waste materials consideredto be hazardous, disposal will requirespecial precautions. In order to ensurelong-term protecion of public healthand the environment, special prepara-tion and pretreatment may be requiredprior to disposal. If land disposal is tobe practiced, these sites must not allowmovement of pollutants to either groundor surface waters, Sites should be se-lected that have natural soil and geologi-cal conditions to prevent such contami-nation or, if such conditions do notexist, artificial means (e.g. liners) mustbe provided to ensure long-term protec-tion of the environment from hazardousmaterials. Where appropriate, the loca-tion of solid hazardous materials dis-posal sites should be permanently re-corded in the appropriate office of thelegal jurisdiction in which the site islocated.

(v) Cost estimates for control o1waste water pollutants. The estimatedcapital investment required for coalmining facilities to meet interim finalguidelines range between $3,500 and$76,250 depending on size and type ofmine. Annual operating costs of effluenttreatment facilities are expected torange between $3,425 and $75,500. Allcoal mine point sources included in thestudy to support the Development Doc-ument, referenced below, as a minimum,were In compliance; however, some coalmining facilities may not be in compli-ance and may have to incur these costs.

(vi) Energy requirements and non-'water quality environmental impacts.Energy requirements for interim finalbest practicable control technology cUr-rently available are low. The main useof energy Is for pumps, mixers, and con-trol instruments. Wherever feasiblegravity flow is used at coal preparationplants and mine drainage treatment fa-cilities. Mine dewatering is consideredan inherent part of the mining methodor system.

(vii) Economic impact analysis, Theseguidelines are not expected to signifi-cantly affect prices, production, em-ployment or the balance of trade. Inmost cases, coal mines and preparationplants should presently be achieving theinterim final limitation of pH 6.0 to 9.0in order to comply with State require-ments. However, even if a mining op-eration had to install treatment as aresult of these limitations, the economicimpact is expected to be minimal. An-nual effluent treatment costs are esti-mated to be .3% to 1.6% of annualoperating costs, depending on the sizeand type of mine. Investment costs fortreatment facilities, if necessary, is notanticipated to exceed 3.2% of originalcapital Investment in the mining opera-tion.

Executive Order 11821 (November 27,- 1974) requires that major proposals for

legislation and promulgation of regula-



RULES AND REGULATIONS 48M3

tions and rules by Agencies of the execu-tive branch be- accompanied by astatement certifying that the inflation-ary impact of the proposal has beenevaluated.

OMB Circular A-107 (January 28,1975) prescribes guidelines for the Iden-tification and evaluation of majorproposals requiring preparation of in-flationary impact certifications. Thecircular provides that during the in-terim period prior to final approval byOMB of criteria - developed by eachAgency, the Administrator is respon-sible -for identifying those regulationswhich require evaluation and certifica-tion.. The Administrator ha. directedthat all- Tegulatory actions which arelikely to result in dapital investment ex-ceeding $100-million or annualized costsin excess of $50 million will requirecertification.

As 'the Agency's analysis of the po-tential economic impacts of these reg-ulations indicates,, the capital invest-ment and: annualized costs associatedwith compliance are not estimated toexceed these amounts. However, the

/Agency-has reviewed and analyzed theprojected effect on the prices and eco-nomics of the industry as summarizedabove.

The report entitled "DevelopmentDocument for Proposed Effluent Limita-tions Guidelines and New Source Per-formance Standards for the Coal Min-ing Point Source Category" details theanalysis undertaken in support of theinterim final regulation set forth hereinand is available for inspection in theEPA Public Information Reference-Unit,Room 2404, .Waterside Mall, Washing-ton, D.C., at-all EPA regional offices, andat-State water pollution control offices.A supplementary analysis prepared forEPA of the possible economic effects ofthe regulation is also available for in-spection at these locations. Copies of13oth of-these documents are being sent.to persons or institutions affected by theproposed regulation or who havd placedthemselves on a mailing list-for- this pur-pose (see EPA's Advance Notice of Pub-lic Review Procedures, 38 FR 21202, Au-gust 6,1973). An additional limited num-ber of copies of both reports are avail-

- able.,Persons wishing to obtain a copymay write the Environmental ProtectionAgency, Effluent Guidelines Division,Washington, D.C. 20460, Attention: DIS-tribution Officer, WH-552.

When this regulation is promulgatedin final rather than interim form, re-vised copies of the Development Docu-ment will be available from the Superin-tendent of Documents, GovernmentPrinting Office, Washington, D.C. 20402.Copies of the economic analysis docu-ment will be available through the Na-tional Technical Information Service,Springfield, VA 22151.

(c)- Summary of ubue participation.Prior ,to this publication, the agenciesand groups listed below were consultedand given an opportunity to participatein the development of effluent limitationsguidelines and standards proposed forthe coal mining point source category.

All participating agencies have been In-formed of project developments. An ini-tial draft of the Development Documentwas sent to all participants and com-ments were solicited on that report. Thefollowing are the principal agencies andgroups consulted: (1) Effluent Standardsand Water Quality Information AdvisoryCommittee (established under section515 of the Act); (2) all State and U.S.Territory Pollution Control Agencies; (3)U.S. Department of the Interior; (4) U.S.Department of Agriculture; (5) U.S. De-partment of Health, Education, andWel-fare; (6) U.S. Department of Transpor-tation; (7) American Electric PowerCompany; (8) Save Our CumberlandMountains Association; (9) CampaignClean Water; (10) U.S. Water ResourcesCouncil; (11) National Coal Association;(12) American Society of MechanicalEngineers; (13) The Conservation Foun-dation; (14) Businessmen for the PublicInterest; (15) Environmental DefenseFund; (16) American Society of CivilEngineers; (17) National Wildlife Fed-eration; (18) American Mining Con-gress; (19) Bituminous Coal Research;(20) Independent Miners Association;(21) Society of Mining Engineers; and(22) National Independent Coal Asso-ciation.

The following responded with writtencomments: U.S. Department of the In-terior; U.S. Environmental ProtectionAgency, Region MIr; American ElectricPower Company; Department of Agricul-ture, Soil Conservation Service; IllnoisEnvironmental Protection Agency; Stateof Maryland, Water Resources Adminis-tration; State of New Mexico Environ-mental Improvement Agency; Save OurCumberland Mountains; State of WestVirginia Department of Natural Re-sources; Campaign Clean Water, Charles-ton, West Virginia; Effluent Standardsand Water Quality Information AdvisoryCommittee; Department of Health, Edu-cation and Welfare; State of Delaware,Department of Natural Resources andEnvironmental Control: United StatesWater Resources Council; Trust Terri-tory of the Pacific Islands; State of Flor-ida, Department of Pollution Control;U.S. Department of Transportation;North Carolina Department of Naturaland Economic Resources; MiTRE Cor-poration; and the National Coal Associa-tion.

The primary issues raised In the draftdevelopment document and the treat-ment of these issues herein are asfollows:

(1) A commenter stated that provi-sions should be made In setting standardsfor effluent quality during the start ofoperations at a new mine site.

Regulations for the coal mining in-dustry do take Into consideration thefactors related to mining operationsstart ups. 1

(2) Commenters suggested the use ofturbidity rather than total suspendedsolids as a control for surface mines,Turbidity is quickly determinable in theield, giving the mine operator oppor-tunity to take corrective action sooner ifpermit conditions are being violated.

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Turbidity Is an indicator of suspendedsolids and as such can be used to deter-mine quickly the effectiveness of sus-pended solids removal. The turbidity testIs specific to the type of solids in thewater sample. Because the type of solidsmay change, turbidity will not always in-dicate accurately the level of solids pres-eant in the waste water.

(3) One cbmmenter suggested that thesubcategories "acid or ferruginous" and"alkaline" should be replaced by "under-ground" and "surface" because activedeep minds sometimes change from alka-line to acid over a few months period,and some mines may be acid at one loca-tion and alkaline at another.

Deep mines and surface mines areequally subject to change In raw minedrainage characteristics during the lifeof the mine and may go from alkalineto acid or ferruginous. There may bemines which are on the border line of thetwo classes of mine drainage and maychange, or fluctuate, during the life ofthe mine. The two classes of mine drain-age are generally related to geographiclocations, and are directly related towaste treatment technology.

(4) It was stated that the suggestedlimitation on dissolved iron is not neces-sary because available data indicates thatwhen total iron concentration Is equalto or below 3.5 mg/1, dissolved Iron isalways below 0.3 mg/l.

A three month sampling and analysisof waste waters determined that the dis-solved Iron level does not always remainbelow the 0.3 mg/l level when tetal ironIs less than or equal to 3.5 mg/L

(5) A commenter indicated that theeffect of un-lonized ammonia on aquaticlife can be serious and that the rejectionof ammonia as a significant pollutantshould be reconsidered.

Ammonia was not detected In sufficientconcentrations to warrant concern at thistime. The effluent quality information col-lected during the study of the coal miningindustry determined that the concentra-tion of un-ionized ammonia present inindustry waste waters was not sufficientto require control.

(6) One conimenter suggested that thestringent limits and standards for sur-face mine discharges in the draft replortmay not be appropriate because surfacemining is a mobile operation in whichthe active mine area continually changeslocation.

A mine includes the area "used in andresulting from" the work of extractingcoal from Its natural deposit. The draftdevelopment document supports the po-sition that the limitations applicable tosurface mining are achievable and arebeing achieved today.

(7) Commenters indicated that the"no discharge" limitation for coal prepa-ration plants may not be achievable forall plants because of such factors as ex-isting facilities, terrain, precipitation pe-riods, etc.

Over 100 preparation plants in variousgeographic locations and terrain of the180 preparation plants included in thisstudy had, or reported, "no discharge."An allowance for discharge is made based

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on the design of a facility to handle allprocess water plus runoff from 10 year24 hour storm.

(8) One commenter indicated that theanalytical data supportbig the suggestedlimitations was inadequate: grab sampleswere used, and additional sampling-isnecessary to determine seasbnal varia-tions in effluents from treatment systems.

Winter-spring sampling completed atselected mine sites after distribution ofthe draft report verified that there areinsignificant seasonal variations.

(9) One commenter stated that thesuggested limits for daily maximumsshould be three times the thirty day aver-age rather than two times.

The daily maximum allowable dis-charges of pollutants were determined bya statistical analysis of the data gener-ated in the study.1 (10) One commenter indicated that theeffluent limitations development studydoes not justify the conclusion that thereis no significant difference between un-treated mine drainage from surface andunderground mining operations in simi-lar geologic settings.

Variations within the* two classes ofraw mine drainage may exist, but studyconfirms that a mine in a specific geo-graphic location with specific geologicconditions will have an alkaline drainageor acid or ferruginous drainage whetherthe mining method utilized ,is deep orsurface.

(11) A commenter indicated that ifthe sampling of strip mines presentedin the draft report were not taken duringperiods of rainfall, further samplingshould be done during rainfall to confirmthat the suggested technology is adequateto achieve the required control.

Additional sampling and analysis con-ducted durffig the 1975 winter-spring pe-riod confirmed that the suggested tech-nology was adequate.

(12) One tommenter indicated that thepollutant content of supply water betaken into consideration when deter-mining permit limitations.

The net-gross question is covered inanother regulation (40 CFR Part 125).In summary the regulation states thatif an applicant for an NPDES permitcan establish that he is fundamentallydifferent, he may be given an allowabledischarge based on net removal limits.

(13) One commenter said that theproposed limits and standards for totaliron would require stringent plant de-sign and operation and higher coststhan indicated in the draft report.

Costs used in the draft report are ac-tual costs reported by industry whichwere updated and adjusted to Septem-ber 1974 costs using Engineering NewsRecord Construction index.

(14) A commenter indicated that thetotal iron limitations recommended inthe contractors draft report are toohigh, in that a state regulatory agencysets a standard approximately 50% oflimits in the report. The commenter alsosuggested a limit be established for thedischarge of sulfates.

The limitations presented in the draftdevelopment document were developed

under the directions and constraints ofthe Water Pollution Control Act Amend-ments of 1972. Technical and economic.considerations resulted in the suggestedbest practicable control technology.

(15) One commenter voiced concernthat the Agency's contractor did notconsult with public interest groups dur-ing the course of the contract study.

The contractor's draft report was dis-tributed to a number of public interestgroups for the purpose of soliciting theircomments. Their comments are takeninto consideration-before promulgation.A: list of groups that received the docu-ment is listed elsewhere in this pre-amble.

(16) One commenter stated that "cer-tain heavy metals might still be releasedin harmful quantities despite implemen-tation of these guidelines."

The constraints, technical and eco-nomic, established by "the Act" makeit infeasible to establish a no dischargelimitation for portions of this industry.The presence of heavy metals in the dis-charges was not considered to be sig-nificant enough to justify national lim-itations. Local water quality requir-ments may justify application of morerestrictive limitations.

(17) One commenter indicated thatthe presence of total dissolved solids,sodium, and fluorides may cause-poten-tial health and livestock problems in cer-tain areas of the country and suggestedthat limits be proposed.

The contractor's draft developmentdocument determined that the amountsof the above pollutants present in indus-try discharges were not sufficient, inenough specific situations to justify theestablishment of national standards.State or local pollution control agen-cies have the authority to establish lim-its on parameters other than those -in-cluded in effluent limitations guidelineswhen local water quality requirementswarrant.

(18) A commenter stated that settle-able solids should be controlled by -thesuggested effluent limitations in order toprevent solids from settling on the streambed.

The contractor's draft developmentdocument suggested limits on total sus-pended solids. This limitation effectivelycontrols the, discharge of settleablesolids from a point source.

(19) A commenter recommended thata limitation on aluminum should be im-posed only in special cases because ex-cess concentrations of aluminum arefound only in specific locations.

The objective of "the Act" is the estab-lishment of national standards. In spe-cific locations where aluminum is notpresent in discharges from coal -mines,the limitation on aluminum will not re-sult in the application of unnecessarycontrol technology or increased costs.The monitoring requirements will be de-termined when individual permit condi-tions are established.

(20) One commentor stated that rec-lamation procedures for surface minesand preparation plants addressed in thedraft report, while helpful background

information, "should be included in rec-lamation laws presently being enforcedor enacted" to avoid duplication of en-forcement.

Reclamation and revegetation arecommonly recognized as water pollu-tion control techniques of substantialvalue and are in general use. In this lightthey are discussed in substantial detailin the Development Document, Howeverthe application of reclamation or re-vegetation is not- required by this regu-lation' as the technologys used as thebasis-for BPT regulation is end-of-pipetreatment only.

The Agency is subject to an order ofthe United States District Court for theDistrict of Columbia entered in NaturalResources Defense Council v. Train et al,(Cv. No. 1609-73) which requires the pro-mulgation of regulations for this in-dustry category not later than October 6,1975. This order also requires that suchregulations become effective imme-diately upon publication. In addition, itis necessary to promulgate regulationsestablishing limitations on the dischargeof pollutants from point sources in thiscategory so that the process of issuingpermits to individual dischargers undersection 402 of the Act is not delayed.

It has not been practicable to developand publish regulations for this categoryin proposed form, to provide a 30 daycomment period, and to make any neces-sary revisions in light of the commentsreceived within the time constraints im-posed by the court order referred toabove. Accordingly, the Agency has de-termined pursuant to 5 USC 553(b) thatnotice and comment on the intern finalregulations would be impracticable andcontrary to the public interest. Goodcause is also found for these regulationsto becomne effective immediately uponpublication.

Interested persons are encouraged tosubmit written comments, Comments-should be submitted in triplicate to. theEnvironmental Protection Agency, 401M St. S.W., Washington, D.C. 20460, At-tention: Distribution Officer, WH-552.Comments on all aspects of the regula-tion are solicited. In the event commentsare in the nature of criticisms as to theadequacy of data which are available, orwhich may be relied upon by the Agency,comments should identify and, if possi-ble, provide any additional data whichmay be available and should Indicatewhy such data are essential to, theamendment or modification of the regu-.lation. In the event comments addressthe approach taken by the Agency inestablishing an effluent limitation orguideline EPA solicits suggestions as towhat alternative approach should betaken and why and how this alternativebetter satisfies the detailed requirementsof sections 301 and 304(b) of the Act.

A copy of all public comments will beavailable for inspection and copying atthe, EPA Public Information ReferenceUnit, Room 2404, Waterside Mall, 401 MStreet, S.W., Washington D.C. A copy ofpreliminary draft contractor reports, theDevelopment Document and economicstudy referred to above, and certain sup-



RULES AND REGULATIONS 48835

plementary materials supporting thestudy of the industry concerned will alsobe maintained at this location for publicreview and copying. The EPA informa-tion regulation, 40 CFR Part 2, providesthat a reasonable fee may be chargedfor 6opying.

All comments received on or beforeNovember 17, 1975, will be considered.Steps previously taken by the Environ-mental Protection Agency to facilitatepublic' response within this time periodare outlined in the advance notice con-cerning publfc review procedures pub-lished on August 6, 1973 (38 FR 21202).In the event that the final regulationdiffers substantially from the interimfinal regulation set forth herein theAgency will consider petitions for recon-sideration of any permits issued in ac-cordance with these interim final regula-tion.

The Agency has completed major tech-nical studies on which to base the estab-lishment of detailed effluent standardsfor coal mining. However, the Agencyhas not completed economic Impact orinflationary impact analyses relative tothis complete control regulation. For thisreason only one parameter-pH-is be-ing regulated by this interim final regu-lation.

Set forth below are limitations basedon best practicable control technologyfor each of the subcategories as are in-dicated by the technical studies. Thereis a strong presumptin, that these limi-tations if promulgated, would not causean undue economic hardship on the coalindustry. Unless the economic impactstudies reveal unexpectedly gross impact,the Agency anticipates proposal of theselimitations at an early date.

SUBPART A-CoAL PREPARATION PLANTSUBCATEGORY

The effluent limitation based on bestpracticable control technology, set forthin the Development Document for thissubcategory is:

No discharge of process water.SUBPART B-COAL STORAGE, REFUSE STOR-

AGE, AND COAL PREPARATION PLANT AN-cILLARY AREAS SUBCATEGORY

The effluent limitation based on bestpracticable control technblogy set forthin the Development Document for thissubcategory is:

Effluent limitations

:Effluent Average of daily

B fnximurn for values for 3characteristic any I day consecutive day

(milligrams per shall notexceedliter) (milligrams per

liter)

Iron, total ......... 7.0 ............ 3.5Iron, dissolved ... 0.60 ............. 0.30Aluminum, total... 4.0 -------------- 2.0Manganese, total.-- 4.0 ------ : ....... 2.0Nickel, total ....... 0.40 ......... 0.20Zinc, total ........ 0.40 ------------- 0.20TSS -............ 70 ............ " 3pH ............ Within the ...............

range 6.0 to9.0.

SUBPART C-Acm OR FERRUGINOUS M NEDRAINAGE SUBCATEGORY

The effluent limitation based on bestpracticable control technology set forthin the DevelolPment Document 'for thissubcategory is:

Effluent limltations

Avera ofd-AlyEffluent Maximum for value for 30

Characterlstic any I dy conwcutive days(milligrms per shallnot exceed

liter) (miliam perliter)

ran, total. ........ 7.0 .............. 3.5ron, dllved --- 0.00 ............. M30luminum, total.. 4.0 ............. 2.0anganese, total... 4.0 .............. 2.0ickel, total ....... 0.40 ............. 0.20

Zinc, total ......... 0.40 ............. 0.20SS .. . ,--------7 ' ................. 3H.ithn the ..................

rge 0 .0 to

IIAMN

Tp

SUBPART fl-ALALINE INE DRAINAGESUBCATEGORY

The effluent limitation based on best.practicable control technology set forth 4In the Development Document for thissubcategory is:

4Effluentlimlitatons

Average o !dailyEffluent .3 aximum for values for 30

characteristilc any I dy consecutive days(milligramis (miligras per p (mihllngras shall not exceedpe 4

liter) (mIIql- perS4

Iron, total .-------- 7.0 .............. 3.5Iron, dissolved - 0.0 0.0Aluminum, total... 4.0_............. 2.0Manganese, total... 4.0 .............. 2.0 4Nickel, total...... 0.40 .... 0.20 4Zinc. total. --------- 0.40 ............. 0.20TSS ........... ------------- 35 *pH ................ Within the ..................to9..U0.

In addfton to encouraging writtencomments on the interim final regulation,the Agency would like to encourage writ-ten comments on the outlined specificeffluent limitations for the subcategoriesof the coal mine point source categoryabove. Such comments should be sub-mitted following the procedure for com-ments addressed to the Interim finalregulation.

It is recognized that coal mining mayresult in long term water quality degra-dation caused by mine drainages con-tinuing after mining activities have beenconcluded. In many cases the pollution isworse than that from an active mine.The Agency is aware of the problem andis considering possible applications ofPub. L. 92-500 to the amelioration of thisaspect of coal mining related pollutionand may provide additional guidance tocontrol this facet of the pollution prob-lem at a future date.

In consideration of the foregoing, 40CFPR Part 434 is hereby established as setforth below.

Dated: October 6,1975.RUSSELL E. TRAIN,

Administrator.

Part 434 is added as set forth below:Subpart A--Coal Preparatilon Plant Subcategory

Sem434.10 Appllcability description of the

coal preparation plant subcategory.43411 Specialized definitions.434.12 Effluent limitations guidelines rep-

resenting the degree of effluentreduction attainable by the appli-cation of the best practicable con-trol technology currently avail-able.

434.13-434.16 [Reserved]Subpart B--Coal Storage, Refuse Storage. and

Coal Preparation Plant Ancillary Area Subcate-gory

434.20 Applicability; description of the coalstorage, refuse storage, and coalpreparation plant ancillary areasubcategory.

434.21 Specialized definitions.434.22 EMuent limitations guidelines rep-

resenting the degree of effluentreduction attainable by the appli-cation of the best practicable con-trol technology currently available.

434.23-434.28 [Reserved)Subpart C-Acid or Ferruginous Mine Drainage

Subcategory34.30 Applicability* description of the acid

acid or ferruginous mine drainagesubcategory.

34.31 Specialized definitlons.34.32 Effluent limitations guidelines repre-

senting the degree of effluent re-duction attainable by the applica-tion of the best practicable controltechnology currently available.

34.33.434.3 [Eeserved]ubpart D--Alkaline Mine Drainage Subcategory34.40 Applicability- description of the

alkaline mine drainage subcate-gory.

34.41 Speclalizd definitions.34.42 Efluent limitations guidelines rep-

resenting the degree of effluentreduction attainable by the appli-cation of the best practicable con-trol technology currently avail-able.

34.4A3-434A6 [Reserved]Ava-zoarr: Smes. 301, 304(b) and (c) and

08 (b) and 307(c). Federal, Water Pollutionontrol Act, as amended 33 U.S.C. 1251.

311, 1314 (b) and (c),$316(b) and 1317(c);88 Stat. et seq.: Pub. L. 92-500) (the Act).

Subpart A-Coal Prep3ration PlantSubcategory

434.10 Applicability; description ofthe coal preparation plant subate-gory.

The provisions of this subpart are ap-lcable to discharges resulting from theleaning or beneflclation of coal of anyank Including but not limited to bitu-inous, lignite, and anthracite. 434.11 Specialize4 defulntions.For the purpose of this subpart:(a) Except as provided below, the gen-

ral definitions, abbreviations and meth-ds of analysis set forth in 40 CPR 401hall apply to this subpart. "

(b) The term "coal preparation plant"hall mean a facility where coal isrushed, screened, sized, cleaned, dried,r otherwise prepared and loaded prioro the final handling or sizing In transito or at a consuming facility.

4

4

3C1(

§

,pcrm§

eos

scott

FEDERAL REGISTER, VOL 40, NO. 202--FRIDAY, OCTOBER 17, 1975


RULES AND REGULATIONS48836

(c) The term "ten year 24-houarprecipitation event" shall mean themaximum 24-hour precipitation eventwith a probable re-occurrence intervalof once In 10 years as defined by theNational Weather Service and TechnicalPaper No. 40, "Rainfall Frequency Atlasof the U.S.," May 1961, and subsequentamendments or equivalent regional- orrainfall probability information de-Veloped therefrom.

§ 434.12 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations set forthin this section, EPA took into account allinformation it was able to collect, developand solicit with respect- to factors (suchas age and size of plant, raw materials,manufacturing processes, products pro-duced, treatment technology available,energy requirements and costs) whichcan affect the industry subcategorizationand effluent levels established. It is, how-ever, possible that data which would af-fect these limitations have not beenavailable and;- as a result, these limita-tions should be adjusted for certainplants in this industry. An individual dis-charger or other interested person maysubmit evidence to the Regional Admin-istrator (or to the State, if the State hasthe authority to issue NPDES permits)that factors relating to the-equipment orfacilities involved, the process applied, orother such factors related to such dis-charger are fundamentally different fromthe factors considered in the establish-ment of the guidelines. On the basis ofsuch evidence or other available informa-tion,,the Regional Administrator- (or theState) will make a written finding thatsuch factors are or are not fundamentallydifferent for that facility compared tothose specified in the Development Docu-ment. If such fundamentally differentfactors are found to exist, the RegionalAdministrator or the State shall estab-lish for the discharger effluent limitationsin the NPDES permit either more or lessstringent than the limitations estab-lished herein, to the extent dictated bysuch fundamentally different factors.Such limitations must be approved bythe Administrator of the EnvironmentalProtection Agency. The Administratormay approve or disapprove such-limita-tions, specify other limitations, or initiateproceedings to revise these regulations.

(a) Subject to the provisions of para-graph (b) of this section, the followinglimitations establish the quantity orquality of pollutant or pollutant prop-erties, controlled by this section, whichmay be discharged by a point source sub-ject to the provisions of this subpart afterapplication of the best practicable con-trol technology currently available:

Effluent Effluentcharacterstic limitations

pH ---------- Within the range 6.0 to9.0.

(b) Any untreated overflow from fa-cilities designed, constructed, and oper-ated to contain all process generated

waste water and the surface runoff tothe treatment facility resulting from a10 year 24- hour precipitation event shallnot be subject to the limitations setforthin paragraph (a) of this section.§ 434.13--434.16 [Reserved]Subpart B--Coal Storage, Refuse Storage,

and Coal Preparation Plant AncillaryArea Subcategory

§-434.20 Applicability; description ofthe coal storage, refuse storage, andcoal preparation plant ancillary areasubcategory.

The provisions of this subpart are ap-plicable to discharges which are pumped,siphoned or drained from coal storage,refuse storage and coal preparation plantancillary areas related to the cleaning orbeneficiation of coal of any iank includ-ing but not limited to bituminous, ligniteand anthracite.§ 434.21 Specialized definitions.

For the purpose of this subpart:(a) Except as provided below, the gen-

eral definitions, abbreviations and meth-ods of analysis set forth in 40 CFR 401shall apply to this subpart. •

(b) The term "coal preparation plant"shall -mean a facility where coal iscrushed, screened, sized, cleaned, dried,or otherwise prepared and loaded priorto the final handling or sizing in transitto or at a consuming facility.

(c) The term "coal preparation plantancillary area" shall mean the areas as-sociated with a coal preparation plantincluding: the -coal preparation plantyards, access roads, and other areas im-mediately associated with a coal prepa-ration plant where coal, or coal refuse,either purposefully or accidentally is al-lowed to come in contact with precipi-tation runoff or plant washdown.

(d) The term "ten year 24-hour pre-cipitation event" shall mean the maxi-mum 24-hour precipitation event witha probable re-occurrence interval or oncein 10 years as defined by the NationalWeather Service and Technical PaperNo. 40, "Rainfall Frequency Atlas of theU.S.," May 1961, and subsequent amend-ments or equivalent regional or rainfallprobability information developed there-from.§ 434.22 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currintly available.

In establishing the limitations setforth in this section, EPA took into ac-count all information it was able to col-lect, develop and solicit with respect tofactors (such as age and size of plant,raw materials, manufacturing processes,products ' produced, treatment tech-nology available, energy requirementsand costs) which can affect the industrysubcategorization and effluent levelsestablished. It is, however, possible thatdata which would affect these limitationshave not been available and, as a re-sult, these limitations should be ad-justed for certain plants in this industry.An individual discharger or other inter-

ested person may submit evidence to theRegional Administrator (or to the State,if the State has the authority to is.uoNPDES permits) that factors relating tothe equipment or facilities involved, theprocess applied, or other such factors ro-lated to such- discharger are fundamen-tally different from the factors consid-ered in the establishment of the guide-lines. On the basis of such evidence or

'other available information, the RegionalAdministrator (or the State) will make awritten finding that such factors are orare not fundamentally different for thatfacility compared to those specified inthe Development Document, If suchfundamentally different factors arefound to exist, the Regional Administra-tor or the State shall establish for.thedischarger effluent limitations in theNPDES permit either more or less strin-gent than the limitations establishedherein, to the extent dictated by suchfundamentally different factors. Suchlimitations must be approved by the Ad-ministrator of the Environmental Pro-tection Agency. The Administrator mayapprove or disapprove such limitations,specify other limitations, or Initiate pro-ceedings to revise these regulations.

(a) Subject to the provisions of para-graph (b) of this section, the followinglimitations establish the quantity orquality of pollutant or pollutant proper-ties, controlled by this section, whichmay be discharged by a point source sub-ject, to the provisions of this subpartafter application of the best practicablecontrol technology currently available:

Effluent lintitationsEffluent

characteristic Maximum for any I day

Average of dailyvaluea for 30

consecutive daysshall notexceed-

Iron, total .................Iron, disslved_... ;:: .:":'Aluminum, total... (1) ...........Manganese, total... (1) ............ INickel, total ....... (1) ..............Zinc, total ......... (1) ....... ...TSS . --.......... () ..............pH ....... .... Within tho .............

rango 6.0 to9.0.

1 Numerical value to be determined.

..

(b), Any untreated overflow from f a-cilities designed, constructed, and oper-ated to treat the process waste water andthe runoff from the coal preparationplant ancillary area resulting from a 10year 24-hour precipitation event shallnot be subject to the limitations set forthin paragraph (a) of this section.§ 434.23-434.26 [Reserved]

Subpart C-Acid or Ferruginous MineDrainage Subeategory

§434.30 Applicability, description oftie acid or ferrughnous mitte drain.age subentegory.

The provisions of this subpart are ap-plicable to acid or ferruginous minedrainage resulting frbm the mining ofcoal of any rank including but not limitedto bituminous, lignite, and anthracite.



RULES AND REGULATIONS 4M87

§ 434.31 Specialized definitigns.


eral definitions, abbreviations and meth-ods, of analysis set forth in 40 CFR 401shall apply to this subpart.-

(b) The term "coal mine" shall meanan active mining area of land with allproperty placed upon, under or abovethe surface of such land, used in or re-sulting from the work of extracting coalfrom its natural deposits by any meansor method including secondary recoveryof coal from refuse or other storage pilesderived from the mining, cleaning, orpreparation of coal.N (c) The term "mine drainage" shallmean any water drained, pumped orsiphoned from a coal mine.

(d) The term "ten year 24-hour pre-cipitation event" shall mean the maxi-mum 24-hour precipitation event with a

-- probable re-occurrence interval or oncein 10 years as defined by the NationalWeather Service and Technical PaperNo. 40, "Rainfall Frequency Atlas of theU.S.," May 1961, and subsequent amend-ments or equivalent regional or rainfallprobability information developed there-from.

(e) The term "acid or ferruginous minedrainage" shall mean mine drainagewhich before any treatment either has apH of less than 6.0 or a total iron con-centration of more than 10 mg/l.§ 434.32 Effluent limitations guidelines

representing the degree of effluent'reduction attainable by the applica-

jion of the best practicable controltechnology currently available.

In establishing the limitations set forthin this section, EPA took into accountall information it was able to collecti.develop and solicit with respect to factors(such as age and size of plant, raw ma-terials, manufacturing processes, prod-ucts, Produced, treatment technologyavailable, energy requirements and costs)which can affect the industry subcate-gorization and effluent levels established.It is, however, possible that data whichwould affect these limitations have notbeen available and, as a result, these limi-tations should be adjfisted for certainplants in this industry- An individual dis-.chargdr or other interested person may

-submit evidence to the Regional Admin-istrator (or to the State, if the State hasthe authority to issue NPDES permits)that factors relating to the equipment orfacilities involved, the process applied, orother such factors related to such dis-charger are fundamentally different fr6mthe factors considered in tile establish-ment of the guidelines. On the basis ofsuch evidence or other available informa-tion, the Regional Administrator (or theState) will make a written finding thatsuch factors are or are not fundamentallydifferent for that facility- compared tothose specified in the Development Docu-ment. If such fundamentally differentfactors are found to exist, the RegionalAdministrator or the State shall establishfor the discharger effluent limitations in

the, NPDES permit either more or lessstringent than the limitations establishedherein, to the extent dictated by suchfundamentally different factors. Suchlimitations must be approved by the Ad-ministrator of the Environmental Pro-tection Agency. The Administrator mayapprove or disapprove such limitations,specify other limitations, or initiate pro-ceedings to revise these regulations.I (a) Subject to the provisions of para-graph (b) of this section, the followinglimitations establish the quantity orquality of pollutant or pollutant proper-ties, controlled by this section. whichmay be discharged by a point source sub-ject to the provisions of this subpartafter application of the best practicablecontrol technology currently available:

Effluent ltations

Effluent chancterlstle Maximum for

any I day

Aveace of dallywalues far

conqcutlve daysShaU notexcood-

Iron, total.C--.----Iron. dimolved ....Aluminum, total... 0...........Maganese, total..Nickel, total ........ ....Zinct . ........ 0 ...........T55---------()........... pH .............. WI ith the rang

6.0 to 9.0.l

..................

I Numerical value to be determined.

(b) Any untreated' overflow fromfacilities designed, constructed and op-erated to treat the mine drainage andthe runoff at the treatment facility re-sulting from a 10 year 24-hour precipi-tation event shall not be subject to thelimitations set forth In paragraph (a)of this section.§ 434.33-434.36 [Reserved]

Subpart D-Alkaline Mine DrainageSubcategory

§ 434.40 Applicability; description ofthe alkaline mine drainage subcate-gory.

The provisions of this subpart are ap-plicable to alkaline mine drainage result-ing from the mining of coal'of any rankincluding but not limited to bituminous,lignite, and anthracite.§ 434.41 Specialized definitions.


eral definitions,-abbrevlations and meth-ods of analysis set forth in 40 CFR 401shall apply to this subpart.

(b) The term "coal mine" shall meanan active mining area of land with allproperty placed upon, under or above thesurface of such land, used in or resultingfrom the work of extracting coal fromits natural deposits by any means ormethod and secondary recovery of coalfrom refuse or other storage piles derivedfrom the mining, cleaning, or prepara-tion of coal.

(c) The term "mine drainage" shallmean any water drained, pumped orsiphoned from a coal mine.

(d) the term "ten year 24-hour pre-cipitation evenV' shall mean the maxi-mum 24-hour precipitation event witha probable re-occurrence interval or oncein 10 years as defined by the NationalWeather Service and Technical PaperNo. 40, "Rainfall Frequency Atlas of theU.S.," May 1961, and subsequent amend-ments or equivalent regional or rainfalL_probability information developed there-from.

(e) The term "alkaline mine drain-age" shall mean mine drainage which,before any treatment has a pH of morethan 6.0 and with a total iron concentra-tion of less than 10 mg/l.§ 434.42 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

In establishing the limitations setforth in this section, EPA took into ac-count all information It was able to col-lect, develop and solicit with respect tofactors (such as age and size of plant,raw materials, manufacturing processes,products produced, treatment technol-ogy available, energy requirements andcosts) which can affect the industry sub-categorization and. effluent levels estab-lished. It is. however, possible that datawhich would affect these limitationshave not been available and, as a result,these limitations should be adjusted forcertain plants in this industry. An indi-vidual discharger or other interestedperson may submit evidence to the Re-gional Administrator (or to the State, ifthe State has the authority to issueNPDES permits) that factors relating tothe equipment or facilities involved, theprocess applied, or other such factorsrelated to such discharger are funda-mentally different from the factors con-sidered In the establishment of theguidelines. On the basis of such evidenceor other available information, the Re-gional Administrator (or the State) willmake a written finding that such factorsare or are not fudamentally different forthat facilltycompared to those specifiedIn the Development Document. If suchfundamentally different factors arefound to exist, the Regional Adminis-trator or the State shall establish forthe discharger effluent limitations in theNPDES permit either more or less strin- -gent than the limitations establishedherein, to the extent dictated by suchfundamentally different factors. Suchlimitations must be approved by theAdministrator of the EnvironmentalProtection Agency. The Administratormay approve or disapprove such limilti-tions, specify other limitations, or ini-tiate proceedings-to revise these regu-lations.

(a) Subject to the provisions of para-graph (b) of this section, the followinglimitations establish the quantity orquality of pollutant or pollutant prop-erties, controlled by this section, whichmay be discharged by a point sourcesubject to the provisions of this subpartafter application of the best practicablecontrol technology currently available.

FEDERAL REGISTER, VOL 40, NO. 202--FRIDAY, OCTOBER 17, 1975



Effluent limitations

.Effluent

characteristic Maximum for any 1 day

Average of dailyvalues for 30

consecutive daysshallnotexceed-

Iron, total ---------() ------........ O)

Iron, dissolved --Aluminum, total-: ) .... ()Magangv ese, total--- () ..............--Nickel, total ----- () ..... ..------Zinc, total ---------- (1) ----------- ()TSS ------------- .)- -- ()pH ------------- Witin the range.............

6.0 to 9.0.

I Numerical value to be determined.

(b) Any untreated overflow from fa-cilities designed, constructed and oper-ated to treat the mine drainage and therunoff at the treatment facility result-ing from a 10 year 24 hour precipitationevent shall not be subject to the limita-tions set forth in paragraph (a) of thissection.

§ 434.43-434.46 [Reserved]f r Oac.75-27898 Filed 10-16-75;8:45 am]

