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 G—Coal Remining

40 C.F.R. § 434.71

Applicability

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(a) This subpart applies to pre-existing discharges that are located within or are hydrologically connected to pollution abatement areas of a coal remining operation.

(b) A pre-existing discharge that is intercepted by active mining or that is commingled with waste streams from active mining areas for treatment is subject to the provisions of § 434.61 Commingling of waste streams. For the purposes of this subpart, § 434.61 requires compliance with applicable BPT, BAT, BCT, and NSPS effluent limitations in subparts C, D, and F of this part. Section 434.61 applies to the commingled waste stream only during the time when the pre-existing discharge is intercepted by active mining or is commingled with active mine wastewater for treatment or discharge. After commingling has ceased, the pre-existing discharge is subject to the provisions of this part.

(c) In situations where coal remining operations seek reissuance of an existing remining permit with BPJ limitations and the regulatory authority determines that it is not feasible for a remining operator to re-establish baseline pollutant levels in accordance with the statistical procedures contained in appendix B of this part, pre-existing discharge limitations at existing remining operations shall remain subject to baseline pollutant levels established during the original permit application.

(d) The effluent limitations in this subpart apply to pre-existing discharges until the appropriate SMCRA authority has authorized bond release.

Notes of Decisions
Cited in 3 cases, 2004–2006 · leading case: Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 447 F.3d 879 (6th Cir. 2006).
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Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 447 F.3d 879 (6th Cir. 2006). · cites it 2× “” 40 C.F.R. § 434.71 (a) (2005). “Pre-existing discharge” is defined as “any discharge resulting from mining activities that have been abandoned prior to the time of a remining permit application.”
Citizens Coal Council v. United States Env't Prot. Agency, 385 F.3d 969 (6th Cir. 2004). “40 C.F.R. § 434.71 (b). . 40 C.F.R. § 434.”
Citizens Coal v. EPA (6th Cir. 2006). · cites it 2× “” 40 C.F.R. § 434.71 (a) (2005). “Pre-existing discharge” is defined as “any discharge resulting from mining activities that have been abandoned prior to the time of a remining permit application.”
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