C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER N—EFFLUENT GUIDELINES AND STANDARDS › PART 434—COAL MINING POINT SOURCE CATEGORY BPT, BAT, BCT LIMITATIONS AND NEW SOURCE PERFORMANCE STANDARDS › Subpart E—Post-Mining Areas

40 C.F.R. § 434.52

Effluent limitations quidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT)

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(a) Reclamation areas. The limitations in this subsection apply to discharges from reclamation areas until the performance bond issued to the facility by the appropriate SMCRA authority has been released.

Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17 and §§ 434.61 and 434.63(d)(2) of this part, the following limitations establish the concentration or quality of pollutants which may be discharged by a point source subject to the provisions of this subsection after application of the best practicable control technology currently available:

BPT Effluent Limitations

Pollutant or pollutant propertyLimitations
Settleable Solids0.5 ml/l maximum not to be exceeded.
pH(1)
1 Within the range 6.0 to 9.0 at all times.

(b) Underground mine drainage. The limitations in this subsection apply to discharges from the underground workings of underground mines until SMCRA bond release.

(1) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following limitations establish the concentration of quality of pollutants in acid or ferruginous mine drainage subject to the provisions of this subsection after application of the best practicable control technology currently available:

BPT Effluent Limitations

Pollutant or pollutant propertyMaximum for any 1 dayAverage of daily values for 30 consecutive days
Concentration in mg/l
Iron, total7.03.5
Manganese, total4.02.0
TSS70.035.0
pH(1)(1)
1 Within the range 6.0 to 9.0 at all times.

(2) Except as provided in 40 CFR 125.30-125.32, 40 CFR 401.17, and §§ 434.61 and 434.63 of this part, the following limitations establish the concentration or quality of pollutants in alkaline mine drainage subject to the provisions of this subsection after application of the best practicable control technology currently available:

BPT Effluent Limitations

Pollutant or pollutant propertyMaximum for any 1 dayAverage of daily values for 30 consecutive days
Concentration in mg/l
Iron, total7.03.5
TSS70.035.0
pH(1)(1)
1 Within the range 6.0 to 9.0 at all times.
Notes of Decisions
Cited in 2 cases, 1996–1997 · leading case: P & K Co. v. Oklahoma Dep't of Mines, 910 P.2d 1042 (Okla. 1996).
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P & K Co. v. Oklahoma Dep't of Mines, 910 P.2d 1042 (Okla. 1996). “The State of Oklahoma has adopted 40 CFR § 434.52 , 2 effluent limitation guidelines representing the degree of effluent reduction *1046 attainable by application of the Best Practicable Control Technology Currently Available (BPT).”
West Virginia Mining & Reclamation Ass'n v. Babbitt, 970 F. Supp. 506 (S.D.W. Va 1997). “” 40 C.F.R. § 434.52 . An “abandoned mine” means a mine where mining operations have occurred in the past and (1) the applicable reclamation bond has been released or forfeited; or (2) if no reclamation bond or other financial assurance has been posted, no mining operations have…”
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