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. § 434.81

Applicability

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(a) This subpart applies to alkaline mine drainage at western coal mining operations from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded areas.

(b) This subpart applies to drainage at western coal mining operations from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded areas where the discharge, before any treatment, meets all the following requirements:

(1) pH is equal to or greater than 6.0;

(2) Dissolved iron concentration is less than 10 mg/L; and

(3) Net alkalinity is greater than zero.

(c) The effluent limitations in this subpart apply until the appropriate SMCRA authority has authorized bond release.

Notes of Decisions
Cited in 2 cases, 2006–2006 · 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× “” See 40 C.F.R. § 434.81 . 6 “Western coal mining operations” are defined as “surface or underground coal mining operation[s] located in the interior western United States, west of the 100th meridian west longitude, in an arid or semiarid environment with an average annual…”
Citizens Coal v. EPA (6th Cir. 2006). “6 The Rule’s regulations apply to “alkaline mine draining,” see 40 C.F.R. § 434.81 (a), and to draining with: (1) pH equal to or greater than 6.”
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