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 H—Western Alkaline Coal Mining

40 C.F.R. § 434.80

Specialized definitions

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(a) The term brushing and grubbing area means the area where woody plant materials that would interfere with soil salvage operations have been removed or incorporated into the soil that is being salvaged.

(b) The term regraded area means the surface area of a coal mine that has been returned to required contour.

(c) The term sediment means undissolved organic and inorganic material transported or deposited by water.

(d) The term sediment yield means the sum of the soil losses from a surface minus deposition in macro-topographic depressions, at the toe of the hillslope, along field boundaries, or in terraces and channels sculpted into the hillslope.

(e) The term topsoil stockpiling area means the area outside the mined-out area where topsoil is temporarily stored for use in reclamation, including containment berms.

(f) The term western coal mining operation means a surface or underground coal mining operation located in the interior western United States, west of the 100th meridian west longitude, in an arid or semiarid environment with an average annual precipitation of 26.0 inches or less.

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). “” 40 C.F.R. § 434.80 (f). The Final Rule requires the operator to submit to the permitting authority “a site-specific Sediment Control Plan .”
Citizens Coal Council v. United States Env't Prot. Agency, 385 F.3d 969 (6th Cir. 2004). · cites it 2× “These different areas are all defined in 40 C.F.R. § 434.80 ; the definitions are beyond the scope of our analysis.”
Citizens Coal v. EPA (6th Cir. 2006). “” 40 C.F.R. § 434.80 (f). The Final Rule requires the operator to submit to the permitting authority “a site-specific Sediment Control Plan .”
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