coal mining effluent guidelines - proposed rule - september ......1977/09/19 · for "new...

PROPOSED RULES

ENVIRONMENTAL PROTECTIONAGENCY

[40 CFR Part 434][FRL 789-81

COAL MINING POINT SOURCE CATEGORYStandards of Performance for New SourcesAGENCY: Environmental ProtectionAgency.ACTION: Proposed rule.SUMMARY: These proposed regulationsset forth limitations on the discharge ofpollutants into navigable waters from"new source" coal mines and coal prep-aration plants. These regulations are re-quired to be Issued under the FederalWater Pollution Control Act. When pro-mulgated in Anal form, the limitationswill be incorporated in National Pollut-ant Discharge System Permits issued tonew sources by the Federal EPA or byStates with approved programs.DATE: Comments must be received onor before November 18, 1977.ADDRESS: Send comments to: Environ-mental Protection Agency, 401 M StreetSW., Washington, D.C. 20460, Attention:Distribution Officer, WH-552.FOR FURTHER INFORATION CON-TACT:

William Telliard, Effluent GuidelinesDivision (WH-552), EnvironmentalProtection Agency, Washington, D.C.20460 (202-426-2726).

SUPPLEMENTARY INFORMATION:BACK(ROU'D

On October 17,1975, EPA promulgateda regulation adding Part 434 to Title 40of the Code of Federal Regulations (40FR 48830). That regulation with subse-quent amendments established interimeffluent limitations guidelines, based onthe "best practicable control technologycurrently available" (BPT), for existingsources in the coal mining point sourcecategory. On April 26, 1977, EPA pro-mulgated final effluent limitations guide-lines for the coal mining point sourcecategory based on best practicable con-trol technology currently available (40FR 21380). These final effluent limita-tions guidelines included a number ofmajor changes and clarifications whichreflected public comments received onthe earlier interim final regulations.

On May 13, 1976, EPA proposed stand-ards of performance and pretreatmentstandards for new sources for two sub-categories of the coal mining pointsource category: Subpart A (coal prep-aration plant subcategory) and SubpartB (coal storage, refuse storage, and coalpreparation plant ancillary area subcate-gory) (41 FR 19841). (Those Subparts Aand B were subsequently combined asSubpart B, Coal Preparation Plants andAssociated Areas, when the 'final BPTregulations were promulgated). TheAgency also proposed limitations basedon best available technology economicallyachievable (BAT) for Subparts A, B, C,and D. New source standards of per-

formance for mine drainage (Subparts Cand D) were not proposed at that timebecause new source coal mine NPDESpermits pose difficult problems in con-nection with the environmental analysisthat must be conducted under the Na-tional Environmental Policy Act (NEPA)and section 511(c) of the Act. TheAgency is addressing these problems inthis regulation by adding a definitionfor "new source coal mines", and by issu-ing guidance for the environmental re-view of permits for mines which fallwithin this definition.

The present proposed regulationswould amend 41 FR 19841 by establish-ing standards of performance for newsources in Subparts B, C, D, and F. Withrespect to Subpart B, the present pro-posal modifies the new source perform-ance standards originally proposed in 41,FR 19841. Subpart E has been added inanticipation of a later proposal of guide-line limitations covering the drainagefrom areas under reclamation. SubpartF is a new subcategory which coversWestern mines.

The standards of performance pro-posed today reflect Agency considera-tion of comments received on earlierrulemakings. Many of these commentswere relevant to the promulgation ofBPT regulations on April 26, 1977, andare discussed at length in 42 FR 21380.Therefore, except as specifically noted,the preamble set forth in 42 FR 21480 isincorporated herein by reference. A sum-mary of comments which pertainedspecifically to new source performancestandards and the Agency's response isset forth under Summary of PublicParticipation.

LEGAL AuTHoRrThese standards are Issued under the

Federal Water Pollution Control Act, asamended, 33 U.S.C. 1251, 86 Stat. 816,Pub. L. 92-500 (the Act).

Section 304(c) 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 in the pre-amble of this notice provides methods,and fulfills the requirements of section304(c).

Section 306 of the Act requires theachievement by new sources of a Federalstandard of performance providing for.the control of the discharge of pollut-ants which reflects the greatest degreeof effluent reduction which the Adminis-trator determines to be achievablethrough application of the best availabledemonstrated contr6l technology, proc-esses, operating methods, or other al-ternatives, including, where practicable,a standard permitting no discharge ofpollutants.

Section 306(b) (1) (B) of the Act re-quires the Administrator to propose regu-lations establishing Federal standards ofperformance for categories of new

sources included In a list published undersection 306(b) (1) (A) of the Act. OnOctober 17, 1975, a notice appeared in theFEDERAL REGISTER titled "Additions to theList of Categories of Sources" (40 FR48712) adding the coal mining pointsource category and is In accordancewith the provisions of section 306(b) (1)(A) of the Act. The regulation applicableto new sources for the coal preparationplants and associated areas subcategory(Subpart B), the acid of ferdrugnousmine drainage subcategory (Subpart C),the alkaline mine drainage subeategory(Subpart D), and the Western minessubcategory (Subpart F) of the coalmining point source category.

SUMMARY AnD BASIS or STANDARDS

The present regulations establish lim-itations on TSS, iron, manganese, andpilL

The general methodoloay which wasused is discussed in the preamble andDevelopment Document of the final reg-ulations for the coal mining point sourcecategory promulgated by EPA on April26, 1977 (42 FR 21380). While that finalregulation applies to existing sources, thedefinitions and basic pollution controlconcepts employed are also utilized Inthese proposed standards of perform-ance.

(1) Coal preparatiot plants and asso-ciated areas. Since the Issuance of regu-lations on April 25, 1977 (42 FR 21380),all coal preparation plants and associ-ated areas are covered by a single sub-category (Subpart B). The new proposedregulations allow a discharge of proccswaste water pollutants from pointsources n this subcategory, subject tothe same limitations discussed above formine drainage, if recycling of water foruse in processing is practiced. If no re-cycling is practiced, then there may beno discharge of process waste water pol-lutants. These requirements take Intoaccount the information presented bythe industry indicating that even whenfacilities are designed to recycle processwater, occasional discharges may never-theless be necessary due to the accumu-lation of excess water. At the same timethese standards reflect the data whichshow that recycling of process water Iswidely practiced in the industry,

The standards of performance for neylsource coal preparation plants and as-socated areas are based on the applica-tion of the best available demonstratedcontrol technology. All preparationplants visited or contacted had someform of settling facilities associated withthe preparation plant and the majorityhad provisions for recirculating theclarified process waste water back to thepreparation plant. Coal preparation Iswater consumptive due to the water losson clean coal, coal refuse, and thermaldrying of coal. The majority of coalpreparation plants maximize the use ofwater resources through water recircu-lation. This technology is consequentlywell demonstrated in this Industry asa means of limiting the discharge ofpollutants.

FEDERAL REGISTER, VOL. 42, NO. 181-MONDAY, SEPTEMBER 19, 1977

46932

HeinOnline -- 42 Fed. Reg. 46932 1977

PROPOSED RULES

As in other mining categories, the lim-itations are applied on a concentrationbasis (mg/) rather than a mass basid(lbs/ton of product), because no directcorrelation between water usage andproduction could be established. There-fore, EPA was unable to simply estab-lish a mass limit which would reflect to-tal pollutants discharged from a coalpreparation plant and associated areas,assuming that the plant is recyclingprocess water. The standards which areestablished,, therefore, refer to the pol-lutant levels that can be attained throughuse of ."best available demonstrated con-trol technology," without reference totons of production.

(2) Mine drainage. The standards formine drainage from Eastern mines inSubparts C and D are based upon the de-gree of effluent reduction achievablethrough the application of "best avail-able demonstrated control technology."The standards proposed today to control.the discharge of total suspended solidsare the same as the BPT regulations forexisting sources. The standard for dis-charges of manganese in acid or ferrugi-nous mine drainage (Subpart C) are alsothe same as the BPT regulations. Thenew source performance standards tocontrol the discharge of total iron areequivalent to the more stringent proposedBAT limitations for existing sources,rather than to the EPT limitations, sinceit has been demonstrated that these lim-itations can be met through propermaintenance and careful pH control

(3) Areas under reclamation. The newsource performance standards proposedtoday for mine drainage discharges apply,only to discharges from "active miingareas." An active mining area is a placewhere work or other activity related to

-the extraction, removal, or recovery ofcoal is being conducted, except, with re-spect to surface mines, any land on orin which grading has been completed toreturn the earth to the desired contourand reclamation has begun.

Thus, mining areas which have beenreturned to final contour and are underreclamation are not subject to the pres-ent proposed standards for Subparts Cand D. The Agency has decided, however,to establish aseparate subcategory (Sub-part E) for discharges from areas underreclamation. An area under reclamationis an area of land resulting from the sur-face mining of coal which has been re-turned to final contour and for which'there, is an applicable revegetation orreclamation bond. As noted in the pre-amble to the BPT regulations, EPA isconducting an analysis of available n-formation with respect to the water pol-lution which originates in surface minesundergoing revegetation and reclama-tion. When-the Agency has an adequateopportunity to review this information,the Agency will undertake formulationof new source performance standardsand other regulations for such dis-charges.

Although regulations for such dis-charges are- not- now- being proposed, it-should be noted that section 511(o) ofthe Act and the National Environmental

Policy Act require the Agency to includen its decislonmaking appropriate and

careful consideration of all environmen-tal aspects associated with new sources.EPA has a responsibility to Inform thepublic of the effects of new sourcesthrough the NEPA mechanism. Underthe Couricll of Environmental Qualityguidelines, this environmental review in-eludes consideration of land use impacts.The procedures to be followed underNEPA are discussed below under En-vironmental Review of New Source CoalMine Permits.

(4) Western coal mince. As discussedin the preamble to the BPT regulations,data gathered by EPA's Region VI (1o-cated in Denver, Colo.) appear to indi-cate that Western coal miner are able todischarge pollutants In lower concentra-tions than Eastern coal mines. Possiblefactors which explain the differences in-clude the relatively more even topogra-phy of Western coal mines, the emphasison conserving relatively scarce watersupplies, and the relatively lower con-centration of pollutants In the geologicformations being exploited. EPA has de-cided to propose a separate subcategory(Subpart F) for Western coal mines, andto develop a separate set of limitationsspecifically for Western coal mines.

Western coal mines are defined asthose located west of the 100th meridian.The 100th meridian was chosen becauseIt closely approximates the boundary ofrelevant climatic conditions (arid andsemi-arid areas) and geographical fea-tures (alluvial valley floors used for ag-riculture; availability of relatively flatland for large settling ponds).

(5) Monitoring. The coal mining pointsource category has been divided intomajor subcategories based on the wastewater characteristics, and treatability ofthe waste water. (See section IV of theDevelopment Document.) The Agencyrecognizes that raw waste water or rawmine drainage at some mines and prep-aration plants in a subcategory may notcontain detectable or substantial quan-titles of a pollutant controlled In thatsubcategory. Where raw waste water orraw mine drainage does not contain apollutant controlled in detectable quan-tities or the pollutant is in substantiallylower concentration than the effluentlimitation on a consistent basis, a permitmay allow the pollutant to be monitoredon a less frequent schedule than theother pollutants controlled by the per-mit. (See 40 CPR Part 125.27.) This lessfrequent schedule will verify that thepollutant has not been introduced intothe discharge by, for example, a changein the process or a change in the miner-ology of the coal or overburden, Suchmodification to monitoring requirementswill be considered on a case-by-casebasis by the agency issuing the permit.

(6) Availability of documents. A reportentitled "Development Document forEffluent Limitations Guidelines and NewSource Performance Standards for theCoal Mining Point Source Category, May1077," details -the analysis undertaken insupport of the regulation being proposedtoday and is available for inspection in

46933

the EPA Public Information ReferenceUnit, Room 2404. Waterside Mall, 401 MStreet SW., Washington, D.C. 20460, atall EPA Regional omces, and at Statewater pollution control offices. A supple-mentary analysis entitled "Economic Im-pact of Effluent Guidelines, Coal Mining"which was prepared for EPA on the po-tential economic effects of the proposedregulation Is also available for inspectionat these locations. Copies of both of thesedocuments are being sent to persons orinstitutions affected by this proposedregulation and to those who have placedthemselves on a mailing list for thispurpose (see EPA's advance notice ofpublic review procedures, 3a F 21202.August 6,1973). Additional copies of bothreports are available from the NationalTechnical Information Service, Spring-field, Va. 22151.DEM'n-ON" OF A NEw SouncE COAL- MnaE

'These regulations add a new § 434.11(1), which defines the term "new source"with reference to coal mines. The defi-nition contained in this regulation Is is-sued to implement section 306(a) (2) ofthe FWPCA, which provides that "theterm 'new source' means any source, theconstruction of which is commenced af-ter the publication of proposed regula-tions prescribing a standard of perform-ance under this section which will beapplicable to such source, If such stand-ard is thereafter promulgated in accord-ance with this section." Mining activitywhich falls within the definition of a"new source" will be subject to newsource standards, rather than to existingsource regulations. Furthermore, in ac-cordance with section 511(c) of the 1WPCA, federal permits for coal mines whichare found to be "new sources" will besubject to the provisions of the NationalEnvironmental Policy Act of 1969 (NEPA), as described under EnvironmentalReview of New Source Coal Mine Permitsin this preamble.

The definition of a '"new source coalmine" Is set forth in two parts. First, acoal mine will be considered a new sourceif the Identification number assigned bythe Mining Enforcement and Safety Ad-ministration (MESA) under the FederalCoal Mine Health and Safety Act of 1969(Pub. L. 91-173) and 30 CFR Part 82.is not assigned before new source per-formance standards are proposed. Underthe Coal Mine Health and Safety Act,MESA is charged with making frequentinspections and investigations in everyoperating coal mine in the United States.In order to carry out and record the in-spections required, MESA assigns iden-tification numbers to all existing andoperating coal mines. Since a report oflegal identity must be filed with ME&before mining is carried out (30 CFR 75.-1721, 77.1712, 82.1-82.20), the date thatthe MESA number is assigned is usefulin determining whether "construction"of a mine (within the meaning of section306 of the Act) occurred after the pro-posal of new source performance stand-ards. The MESA list includes all minesknown to be operating. If a mine is noton the MESA list of mines as of the date

FEDERAL REGISTER, VOL 42, NO. 181-MONDAY, SEPTEMBER 19, 1977


PROPOSED RULES

of proposal of applicable new sourceperformance standards, then EPA willconclude that the mine was begun afterthat date, and. will determine that it isa "new source."

Regional offices of the Agency will befurnished with a complete list of minesidentified by MESA in their Region as ofthe date of this proposed regulation. Ap-plications for NPDES permits from coalmines should include the applicableMESA identification number.

Second, even if the MESA number hasbeen assigned before the proposal of newsource performance standards, the Re-gional Administrator may determinethat a coal mine Is a new source, basedon his consideration of a list of criteriawhich relate to the expansion of coalmining activities into new areas. If theRegional Administrator finds, based onthese criteria, that a coal mine is a"substantially new operation," then thecoal mine will be considered a newsource.

The list of criteria focuses on the oc-currence of the following: Extraction ofa coal seam not previously extracted bythe mine operation; discharge into adrainage area not previously affected bywaste water from the mine opbration;creation of extensive new surface disrup-tion; construction of a new shaft, slopeor drift; acquisition of additional landor mineral rights; significant capital in-vestment In additional equipment or ad-ditional facilities; and such other factorsas the Regional Administrator deemsrelevant.

The occurrence of any one of theseevents is not intended to be conclusivein making a new source determination.Rather, the list of criteria Is intendedto guide the Regional Administrator inassessing the overall situation.

In all Industries, if a plant owner sub-stantially alters or significantly expandsexisting facilities after the proposal ofnew source performance standards, thenEPA may find that a "neW source" hasbeen constructed. Furthermore, if aplant owner incurs some expenses beforethe proposal of new source performancestandards, but only makes a substantialcommitment to build in a particularplace after that date, EPA may find thatthe fadility is a new source. The factorswhich are usually considered relevant inmaking new source determinations aredescribed in 40 CFR Part 6, AppendixA (42 FR 2450, January 11, 1977).

Creation of a coal mine is, in many ob-vious ways, different from constructionof a plant. The list of criteria proposedtoday is intended to help the RegionalAdministrator defline a "new source" ina way that is as analogous as possible tothe criteria used in other industries.Thus a consideration of when the mineowner has made a substantial commit-ment to mine in a particular area is im-portant. The list of relevant criteria in-clude the acquisition of property rightsand investment in equipment or facilitiesfor use in a particular area. Other cri-teria relate to assessing the extent of ex-pansion or alteration of mining activity.Thus, consideration of whether the mineoperator has begun mining a new seam

or whether mine drainage has begun toenter a different drainage area is rele-vant to determining the scope and natureof the expansion. Acquisition and use ofnew facilities or equipment, constructionof new shafts, slopes, or drifts, creationof extensive new surface disruption ormining in a new seam are also factors toconsider in assessing whether the expan-sion or change in the mining activitywarrants a new source determination.Some of the factors (extensive new sur-face disruption, mining In a new seamwith different pollutant levels, or drain-age into a different drainage area) maybe particularly important if they lead tothe creation of significant new environ-mental problems, such as pollution ofanother stream or an increase or changein the pollutants entering the receivingstream.

Because the characteristics of coalmines and thd technologies used varywidely from one region to another, it wasdecided that some relevant criteria (inaddition to those described above) mayneed to be formulated at the regionallevel

EPA has decided to rely upon these ad-ditional criteria, in addition to the MESAnumber, because mining -operations incontiguous areas remain subject to a sin-gle identification number no matter howmuch additional investment or surfacedisruption occurs. Under section 306 ofthe FWPCA, a key concern is the crea-tion of new sources of pollution and theincorporation of more advanced pollu-tion control techniques Into the plans fornew construction. The assignment of aMESA number does not require consid-eration of many of the factors whichwould warrant the classification of amine as a new source. Therefore, the Re-gional Administrator is given the author-ity to make new source determinationsbased on additional criteria which arerelevant in, the environmental context.ENVIRONMENTAL REVIEW OF NEW SOURCE

COAL lMneE PERMITS

In accordance with section 511(c) ofthe Act, federal permits for "newsources" are subject to the provisions ofthe National Environmental Policy Actof 1969 (NEPA) (42 U.S.C. 4321 et seq.;-83 Stat. 852 et seq.; Pub. L, 91-190).NEPA requires Identification and en-vironmental review of "major Federalactions significantly affecting the qualityof the human environment." (Section102 (2) (c).)

General regulations governing the ap-plication of NEPA to new source permitswerejpromulgated on January 11, 1977,40 CFR Part 6 (42 FR 2450). The gen-eral regulations provide for environmen-tal review-by EPA of new source permits.EPA initially reviews an "environmental

impact assessment" submitted by thepermit applicant. Upon completion ofthis review, EPA may either issuo a"negative declaration" (indicating thatno significant environmental Impact Isanticipated) or require the preparationof an environmental Impact statement(EIS) as a basis for more extensive re-view.

For further Information on 40 CFRPart 6-Preparation of EnvironmontalImpact Statements, and this portion ofthe preamble addressing EnvironmentalReview of New Source Coal Mines con-tact:Peter Cook, Assistant Director for Policy

and Procedures, Ot1co of Vederal Activi-ties (A-104), Environmental ProtectionAgency, Washington, D.C. 20400 (202-755-0790).

EPA has expanded upon the generalNEPA regulations by issuing a separatepolicy memorandum on the applicabilityof NEPA to new source coal mines.Copies are available at the Office of Fed-eral Activities, at EPA headquarters andat EPA regional offices, A summary ofthis guidance follows:

In an effort to use resources in themost -effective way, EPA has developedsome screening procedures to Identifythe coal mines that are most likely tOhave a significant impact on the envi-ronment. The following factors werejudged to be particularly relevant to theexpected environmental impact: (1) therate of production of the mine, and (2)the mining techniques used by the mine.

Not all new source coal mines will berequired to undergo the detailed envl-ronmental review described in 40 CFI6.906. Depending on the projected rateof production of a mine, EPA will (1)automatically conduct a detailed envi-ronmental review, (2) conduct an envi-ronmental review only if preliminaryevidence indicates that the risk of sig-nificant impact on the environment maybe high, or (3) allow a mine to cortifyto use of "best practices" (defined be-low) as an alternative to automaticallyconducting a detailed environmental-re-view.

Although for some mines a detailedenvironmental review will not be auto-matically conducted; a review will al-ways be conducted if preliminary evi-dence suggests that the risk of signifi-cant impact on the environment may behigh. A negative declaration or an EISmust be prepared only if a detailed en-vironmental review is required accord-ing to the guidance given below.SUMMARY OF GUIDANCE FOR ENVIROiN-

MENTAL REVIEmV or NEV SOunasCOAL- MINES(1) New source coal mines are di-

vided into three groups as Indicated Inthe following table:

etn Designed annual tonnage IType of mineUnder 100,000 ton 100,000 to 300,000 Over 200,000 ton

per year ton per year per yearSurface mines (including auger mines) - a-- Group C_ ........ Group B .............. Group A.Underground mines --------------------------- do---: .... ............ ..... Group 1.

I A mine category is determined by the production rate for the highest production year during the life of the NI'DFlhlpermit. For mining operations which are conducted for less than 1 year (during the NPDES permit life regardlees ofIts length) the rate used for categorization will be calculated by dividing 12 by the number of months coal Im extractedand multiplying the resulting number by the production (in tons) to determine the equivalent annual productionrate.

FEDERAL REGISTER9 VOL 42, NO. 181-MONDAY, SEPTEMBER 19, 1977

46934


PROPOSED RULES

(2) The environmental-review proce-dures to be used for each group arelisted below:

(a) Group A. Coal mines in this groupare subject to detailed environmentalreview on a routine basis under 40 CFR§ 6.900. In addition to an environmentalassessment, mines in this group mustsubmit a mining plan, as described inthe EPA draft document "Best Practicesfor New Source -Surface and Under-ground Coal Mines."

(b) Group B. For coal mines in thisgroup, Group A procedures apply, unlessthe permit applicant certifies that hewill use "best practice procedures" asset forth In the draft document, BestPractices for New Source Surface andUnderground-Coal Mines. If the appli-cant so certifies, Group C proceduresapply. A mine which has certified to useof "best practices," and which has re-ceived a permit on that basis, may besubject to a field audit to verify compli-ance. A mine which is chosen for a fieldaudit may be required to submit a min-ing plan is described in Best Practicesfor New Source Surface and Under-ground Coal Mines prior to on siteinspection.-

(c) Group C. The Agency will not rou-tinely conduct a detailed environmentalreview unless the Regional Administra-tor determines that such a-review is

- warranted in the particular case, basedon evidence relating to any of the fol-lowing: Archaeological sites; sensitiveecosystems; habitats of endangeredspecies; historical sites, wild and scenicrivers; wetlands;, prime agriculturallands; significant surface water orgroundwater pollution; recreationalland uses; air quality; noise levels;community integrity and quality of life;mining in a saturated zone; presenceof toxic overburden; presecee of highsulfur coal; steep slope mines (over 25percent); mining in alluvial valleyfloors; other criteria developed by theregional office based on characteristicsof the particular region. Coal mines inGroup C must submit a brief question-naire to help the Agency identify minesor groups of mines that may need de-tailed review.

The Agency's decision to structure theenvironmental review of new source coalmines by dividing them into categoriesbased on coal production levels is basedon the belief that the amount of pollut-ants produced by a mine will be roughlyproportional to the number of tons ofcoal mined for similar mine types assum-ing equal pollution control. A similar be-lief was relied upon in developing thecomprehensive matrix of environmentalresiduals for energy systems set forth in"Energy Alternatives: A ComprehensiveAnalysis," a study funded jointly by theCouncil on Environmental Quality, theEnergy Research and Development Ad-ministration, the Federal Energy Admin-istration, the Federal Power Commission,the Department of the Interior, and thNational Science Foundation. The studyassumes that the pollutant residuals(pollution generated per 1012 Btu ofenergy produced) remain the same re-

gardless of the size of the mining oper-ation, assuming equal pollution controlfor large and small mines of a similartype. Based on this assumptlon, minesproducing over 100,000 tons of coal peryear are responsible for about 83 per-cent of the total coal production, and for-a similar portion of the pollutants; minesproducing under 100,000 tons are respon-sible for about 17 percent. Thus, largercoal mines are more likely to have asignificant impact on the environmentthan smaller coal mines. The Agency hasconsequently decided that the priority inallocating Agency resources should begiven to the review of larger mines.

The Agency has further concluded thatthe risk of significant impact on the en-vironment by a coal mine can in manycases be minimized by use of sound min-ing practices. These practices, describedin an EPA document entitled "BestPractices for New Source Surface andUnderground Coal Mines," are discussedin the policy memorandum mentionedearlier from the Director of the Office ofFederal Activities to the Regional Ad-ministrators, dated September 1977. Inthe Agency's judgment, use of "bestpractices" by certain coal mines willminimize or prevent environmental Im-pacts-to the extent posslble, withoutbringing about unreasonable reduction Inmining activities. For this reason, theoption of certifying to use of "best prac-tices" is offered to some coal mines as analternative to being automatically sub-Sect to detailed environmental review.This option is not extended to large sur-face mines because extensive surface dis-ruption and the total pollution generatedby these mines are more likely to posea significant threat to theenvironment.These large surface mines will always besubject to a detailed environmental re-view.

EPA believes that structuring the re-view process as set forth above will allowthe most efficient use of the limited re-sources which can be devoted to newsource NPDES permit review. By estab-lishing a set of threshold criteria, theAgency hopes to keep the task withinmanageable limits while at the same timefacilitating the early identification andreview of those mines which will in facthave a significant impact on theenvironment.

EPA is aware that the Department ofInterior (DOI) is proposing regulationsrequired by the Surface Mining Controland Reclamation Act of 1977 (Pub. L.95-87). EPA will continue to work closelywith the DOI Ofice of Surface Mining inthose areas where proposed regulationsaffect the same activity at a coal mine.Such efforts will emphasize coordinationof the two separate programs.

SU4.,IARY OF PUBLIC PARTICIPATION

Prior to this publication, interim finalregulations for existing sources werepromulgated for the coal mining pointsource category (41 FR 19832) whichwere supported by a report entitled "De-velopment Document for Effluent Llmlta-tion Guidelines and New Source Perform-ance Standards for the Coal MiningPoint Source Category, May 1976." This

46935

document was mnade available to the pub-lic. Public comment was solicited In theYzF DAL RGIszES, 41 FR 19332. A com-plete listing of participants and a discus-sion of comments and responses pertain-ing to the comments was contained in thefinal rule promulgated on April 26, 1977.for existing sources In the coal miningpoint source category (42 FR 21380).

While the interim final rulemaking ad-dressed best practicable control tech-nology currently available for existingsources, the definitions and basic pollu-tion control concepts used are also rele-vant to these proposed standards of per-formance. Appendix C of the Apri1 26.1977, preamble should be referred to fora discussion of these comments.

Comments which specifically addressedthe formulation of new source perform-ance standards are set forth below:

11) Several commenters noted that thepublication of new source performancestandards for coal mines had-not takenplace by the statutory deadline.

The Agency was forced to delay theproposal of new source performancestandards because of the difficult prob-lems associated with. defining a "newsource" coal mine and conducting theen,.ironmental analysis which Is requiredfor new source permits by the NationalEnvironmental Policy Act (NEPA) andSection 511(c) of the FWPCA. The pres-ent regulations Include a definition ofthe term "new source coal mine." Fur-thermore, guidance set forth above ad-dresses the question of structuring envi-ronmental review of the large numbersof new source mines which are expectedto come Into existence.

(2) Commenters suggested that re-quirements for environmental review ofnew source permits should be related tothe size of the mine i.e., design or pro-posed annual tonnage). Another sugges-tion was to require the preparation ofenvironmental assessments on an areawide basis with the area being no largerthan a single watershed.

Under Environmental Review of NewSource Coal Mines above, the Agencyoutlines the factors taken into consider-ation In Issuing guidance for Environ-mentalReiew of New Source CoalMines.Essentially, the environmental assess-ments of new source coal mines is basedon the size of the mine (designed annualtonnage) and the mining method used(surface or underground).

(3) A number of comments were re-ceived from public Interest groups re-questing the extension of coverage ofthe effluent limitations guidelines andnew source performance standards toinclude areas under reclamation or thoseareas whlch-have been returned to finalgrade, but where the reclamation bondfor the area has not been returned bythe appropriate State or federal agency.It vs requested that EPA delay Issuanceof regulations to allow for an extensionof the guidelines coverage to includeareas which had been regraded but notreclaimed.

By use of the definition "active miningarea", these proposed standards do notapply to discharges from areas affectedby surface coal mining after these areas



PROPOSED RULES

haye been graded. However, a new sub-category for areas under reclamation(Subpart E) Is also established by theseregulations. As discussed above underSummary of Standards, formulation ofregulations for this subeategory Is cur-rently under consideration.

(4) Commenters suggested that themaximum daily limitation for total ironbe set at 6.0 mg/1 Instead of 3.5 mg/1as suggested In the development docu-ment for new source performance stand-ards. Commenters also suggested thatthe new source performance standardsbe the same as the limitations based onbest practicable control technology cur-rently available.

New source performance standards arebased on the best available demonstratedcontrol technology including, wherepracticable, a standard permitting nodischarge of pollutants. The standard fortotal Iron can be achieved with improvedperformance related to pH control andImproved maintenance of the minedrainage treatment system. Total ironparameters can be controlled since thesame neutralization process that controlspH also causes Iron to precipitate out ofsolution; this precipitate Is then removedIn the process used to control total sus-pended solids. Consideration was givento the cost of achieving the level ofreduction of iron, the non-water qualityenvironmental Impact and energy re-quirements In settling the linitations.

(5) Many comments were received re-garding the achevability of the dis-charge limitations for coal preparationplants which were published on May 13,1976 (41 FR 19832 and 41 FR 19841).

Subpart A-Coal preparation plantssubcategory, and Subpart B-Coal stor-age, refuse storage, and coal preparationplant ancillary areas subcategory, werecombined in the final regulation pro-mulgated on April 26, 1977 (42 FR21380) as Subpart B-Coal preparationplants and associated areas. These regu-lations proposed today amend the newsource performance standards proposedon May 13, 1976 (41 FR 19841). The "zerodischarge" requirement formerly appli-cable to coal preparation plants has beenreplaced by a single set of limitations fordischarges from the plant and associatedareas. For further discussion of the con-solidation of the former Subparts A andB, see the April 26, 1977, preamble for theBPT regulations.

Under the present proposed regula-tions, facilities which recycle waste waterfor use in Processing may dischargeprocess waste water subject to certainlimitations. Facilities which do not re-cycle process waste water for use inprocessing are subject to a "no dis-charge" limitation. These requirementsare based on a determination by theAgency that the "best available demon-strated control technology" for this in-dustry includes recycling of processwater as a means of limiting the dis-charge of pollutants. As discussed aboveunder Summary of Standards, recyclingIs already practiced by most coal prepa-ration facilities However, it has also be-come apparent that these facilities oc-

caslonaly experience discharges evenwhen recycling Is practiced. Therefore,the limitations which are now being pro-posed reflect the level of control of pol-lutant discharges which can be achievedthrough recycling, while at the same timeallowing the occasional discharges whichsome plants may have even though recy-cling is practiced.

ECONO31IC IMPACT ANALYSISA report entitled "Economic Impact

of Effluent Guidelines, Coal Mining," wasprepared insupport of these proposedregulations; it showed the proposed newsource effluent guidelines are not ex-pected to affect significantly prices, pro-duction, employment, or the balance oftrade. These proposed regulations mayincrease 1985 raw coal prices up to 62cents per ton for an average percentageincrease of approximately 0 to 1.6 per-cent. The higher price s predicted toreduce the 1985 demand for coal from 897to 894 million tons, a decrease of 0.3percent. Assuming 12,000 BTU per poundof coal, this reduction in annual demandis approximately 72 x 10" BTU per year.

The preparation plant standards are-predicted to increase the cost of preparedcoal up to seven cents per ton. This in-crease Is approximately 3.5 percent ofthe $2 per ton charge for coal cleaningand proportionally less of the cost of theprepared coal. No significant change inthe demand for cleaned coal is expectedto result from the proposed regulations.

Capital requirements through 1985 tocomply with these standards of per-formance will total approximately $126to $161 million. This is less than 2 per-cent of the eight to eleven billion dollarswhich the coal industry is expected tospend for capital dxpanslon during thisperiod. The reduction in the demand forcoal In 1985 exceeds the 50x10" BTUper year increase in energy consumptioncriterion for economic impact assess-ments. The economic impact report ful-fills the requirement for this assessment.Accordingly, the Environmental Protec-tion Agency has determined that thisdocument contains a major proposal re-quiring preparation of an Economic Im-pact Analysis under Executive Orders11821 and 11949 and OMB CircularA-107 and certifies that an EconomicImpact Analysis has been prepared.

OPPORTUNITY FOR PUBLIC COMMENTInterested persons may participate in

the rulemaking proposed today by sub-mitting written comments in triplicateto the Environmental Protection Agen-cy, 401 M Street SW., Washington, D.C.20460. Attention: Distribution Officer.(WH-552). Comments on all aspects ofthe proposed regulation are solicited. Inthe event comments are in the natureof criticisms as to the adequacy of dataavailable, or which may be relied uponby the Agency, comments should identifyand provide any additional data whichis available. If comments address theapproach taken by the Agency in estab-lishing the standard of performance,EPA solicits suggestions as to what alter-native approach should be taken and

why this alternative better satisfies therequirements of section 306 of the Act,

A copy of all public comments will beavailable for Inspection and copying atthe EPA Public Information ReferenceUnit, Room 2922 (EPA Library), Water-side Mall, 401 M Street SW., Washing-ton, D.C. 20460:Draft contractor reports,the development document and economicstudy referred to above, and supplemen-tary material supporting the rulemakingis also maintained at this location forpublic review and copying. The EPA In-formation regulation, 40 CFR Part 2,provides that a reasonable fee becharged for copying.

All comments received on or beforeNovember 18, 1977, will be considered.The Agency previously outline proce-dures concerning public review on Au-gust 6, 1973 (38 FR 21202).

SMALL BusnEss ADmN1ISTRATION LOANS

Section 8 of the FWPCA authorlze3the Small Business Administration,through its economic disaster loan pro-gram, to make loans to assist any smallbusiness concern in effecting additionsto or alterations in their equipment,facilities, or methods of operation soas to meet water pollution control re-quirements under the FWPCA, If theconcern is likely to suffer a substantialeconomic injury without such assistance.

F'or further details on this Federalloan program write to EPA, Office ofAnalysis and Evaluation, WVH-580, 401M Street SW., Washington, D.C. 20460.

Dated: September 8, 1977.DOUGLAS M. COSTL,

Administrator.Part 434 is proposed to be amended as

follows:Subpart A--General Definitions

1. In § 434.11, paragraph (1) is addedas follows:§ 434.11 General Definiion.

(1) The term new source coal mineshall mean a coal mine which:

(1) Was not assigned the applicableMining Enforcement Safety Administra-tion (MESA) identification number un-der 30 CFR Part 82 prior to the date ofproposal of applicable new 'source per-formance standards, or

.(2) Is determined by the Regional Ad-ministrator to constitute a substantiallynew operation In accordance with sec-tion 306(a) (2) of the FWPCA and 40CPR Part 6 (even If the applicableMESA identification number Is assignedprior to the proposal of new sourceperformance standards). In making thisdetermination, the Regional Administra-tor shal take into account the occur-rence of one or more of the followingevents, in connection with the mine forwhich the NPDES permit is being con-sidered, after the date of proposal ofapplicable new source performancestandards:

(i) A mine operation Initiates extrac-tion of a coal seam not previously ex-tracted by that mine

FEDERAL REGISTER, VOL. 42, NO. 181-MONDAY, SEPTEMBER 19, 1977

46936


PROPOSED RULES

(ii) A-mine operation discharges intoa drainage area not previously affectedby waste water discharges from the mine

(II) A mine operation causes extensivenew surface disruption

(iv) A mine operation initiates con-struction of a new shaft, slope, or drift

(v) A mine operation acquires addi-tional land or mineral rights

(vi) A mine operation makes signifi-cant capital investment In additionalequipment or additional facilities

(vii) Such other factors as the Re-gional Administrator deems relevant.Subpart B--Coal Preparation Plants and

Associated Areas2. Section 434.25 is added as follows:

§ 434.25 Standards of performance fornew sources.

(a) The following limitations establishthe concentrations of pollutants whichmay be discharged by a point source sub-ject to the provisions of this subpartafter application of the best availabledemonstrated control technology:

(1) Discharge of process waste waterpollutants from facilities which recyclewaste water for use In processing shallnot exceed the following limitations, Ifdischarges from that point source nor-mally are acidic prior to treatment:

Piligrams Per lter]

Average of dallyEffluent Maximum for values for 30

characteristics any I day consecutive daT,~alnot exceed-

TSS -------------- 70.0.-: ......... 3%0Iron, total ---. 5.; .....-... -. 0Manganese, total... 4.0-........ -0pH.------------Within the - ------------------

range 6 to 9.

(2) Discharge of process waste waterpollutants from facilities which recyclewaste water for use in processing shallnot exceed the following limitations, ifdischarges from that point source nor-mally are alkaline prior to treatment:

" -["lligrams per liter]

Average of dailyEffluent Maximum for values for 30

caracteistcs any 1 day . consecutive dayshall not exceed-

TSS ----------- 70.0- . - -. 0Iron, total .--------- 3.5 -------------- 3.0pL ..------------- Within the -------...........

range 6 to 9.

(3) From facilities which do not re-cycle waste water for use in processing,there shall be no discharge of processwaste water pollutants into navigablewaters.

(b) Any excess water, resulting fromrainfall or snow melt, discharged fromfacilities designed, constructed, andmaintained to contain or treat thevolume of water which would result froma 10-year 24-hour precipitation event,shall not be subject to the limitationsset forth in paragraph (a) of this sec-tion.

(c) Where the application of neutrali-ration and sedimentation treatment

technology results in an sedimentationtreatment technology results In an in-ability to comply with the manganeselimitation set forth In paragraph (a)of this section, the permit Issuer mayallow the pH level in the final eluent tobe exceeded to a small extent In orderthat the manganese limitation In para-graph (a) of this section will be achieved.In no case shall the pH exceed 9.5.

Subart C-Acid or Ferruginous MineDrainage Subcategory

3. Section 434.30 is revised to read asfollows:

§ 434.30 Applicability; description ofthe acid or ferruginous mine drain-age subcategory.

The provisions of this subpart are ap-plicable to acid or ferruginous minedrainage resulting from the mining ofcoal of any rank including but notlimited to bituminous, lignite, and an-thracite, except that the provisions ofthis subpart do not apply to Western coalmines, as defined in Subpart F of thispart,

4. Section 434.35 is added as follows:

§ 434.35 Standards of performance fornew sources.

Ca) The following limitations establishthe concentrations of pollutants whichmay be discharged by a point source sub-ject to the provisions of this subpartafter application of the best availabledemonstrated control technology:

IM1111grams per lturl

I A;rxe of dayEffluent Maximum fCc valu far Co

ehamsdctsti any I day torcutive daysallJ not execal-

TSS ---.-........ 70,0 ............. Z.0Iron, total_ -------3U .............. 3.0

namnese, total... 4.0 ............. 0pH --------------- Within the .................

range 0 to 0.

(b) Any excess water, resulting fromrainfall or snow melt, discharged fromfacilities designed, constructed, andmaintained to contain or treat thevolume of water which would result froma 10-year 24-hour precipitation event,shall not be subject to the limitationsset forth in paragraph (a) of this sec-tion.

(c) Drainage which Is not from anactive mining area shall-not be requiredto meet the limitations set forth In para-graph (a) of this section as long assuch drainage Is not commingled withuntreated mine drainage which Is sub-ject to the limitations in paragraph (a)of this section.

(d) Where the application of neutrali-zation and sedimentation treatmenttechnology results in an inability to com-ply with the manganese limitation setforth in paragraph (a) of this section.the permit issuer may allow the pH levelin the final efifiient to be exceeded to asmall extent In order that the man-ganese limitation In paragraph (a) ofthis section will be achieved. In no caseshall the pH exceed 9.5.

Subpart D-Ahaline Mine DrainageSubcategory

5. Section 434.40 Is reelsed to read asfollows:§434.40 Applicability; description of

the alkaline mine drainage suLcate-gory.

The provisions of this subpart are ap-plicable to alkaline mine drainage re-sulting from the mining of coal of anyrank including but not limited to bitumi-nous, lignite, and anthracite, except thatthe provisions of this subpart do notapply to Western coal mines, as definedin Subpart F of this part;

6. Section 434.45 Is edded as follows:§ 434.45 Standards of performance for

new sources.(a) The following limitations establish

the concentrations of pollutants whichmay be discharged by a point source sub-ject to the provisions of this subpartafter application of the best availabledemonstrated control technoIogy:

l~jl~mxspcrterg o

EMt Maxinunaftr values for V0ehrr-tr=cs any I day, A rde ' 'L'J zy I sy conseczutive days

shall net exeed-

TSS ............... _- . 33OIron, t ....... _ 35 ............ 3.0p ................ Withlnato ---------

range6 toP.

(b) Any excess water, resulting fromrainfall or snow melt, discharged fromfacilities designed, constructed, andmaintained to contain or treat the vol-ume of water which would result from a10-year 24-hour precipitation event,shall not be ubJect to the limitations setforth in paragraph (a) of this section.

(c) Drainage which is not from an ac-tive mining area shall not be required tomeet the limitations set forth in par-graph (a) of this section as long as suchdrainage Is not commingled with un-treated mine drainage-which is subjectto the limitations in paragraph (a) ofthis section.

7. Subpart E Is added .s follows:Subpart E-Areas Under Reclamation

Subcategory§434.50 Applicabiliy; description of

the areas under reclamation subcate-gory'

The provisions of this subpart are ap-plicable to discharges from surface min-ing areas where grading has been com-pleted and the area of land is bonded byan appropriate reclamation bond.

8. Subpart F Is added as follows:Subpart F-Western Coal Mines

Subcategory§434.60 Applicability; description of

the western coal mines subcategory.The provisions of this subpart are ap-

plicable to mine drainage resulting fromthe mining of coal of any rank includ-Ing but not limited to bituminous, lig-nite. and anthracite from mines locatedwest of the 100-degree meridian.


46937


PROPOSED RULES

§ 434.65 Standards of performance forncw sources.

(a) The followng limitations establishthe concentrations of pollutants whichmay be discharged by a point source sub-ject to the provisions of this subpartafter application of the best availabledemonstrated control technology:

[Mlligrams per liter]

Average of dailyEffluent Maximum for values for 30

Characteristics any 1 day consecutive daysshall not exceed-

TSS ................ 40.0 ------------- 20.0pH ................ Within the ------------------

range 6 to 9.

(b) Any excess water, resulting fromrainfall or snow melt, discharged fromfacilities designed, constructed, andmaintained to contain or treat the vol-ume of water which would result from a10-year 24-hour precipitation event,shall not be subject to the limitations setforth In paragraph (a) of this section.

(c) Drainage which is not from anactive mining area shall not Pe requiredto meet the limitations set forth inparagraph (a) of this section as longas such drainage Is not commingled withuntreated mine drainage which is sub-Ject to the limitations in paragraph (a)of this section.

[FR Doc.77-27145 Filed 9-16-77; 8:45 am]

DEPARTMENT OFTRANSPORTATION

Coast Guard[46 CFR Parts 31, 34,38, 40, 54, 98,

154][CGD '7-069a]

CONSTRUCTION AND EQUIPMENT OFEXISTING SELF-PROPELLED VESSELSCARRYING BULK LIQUEFIED GASES

Extension of Comment PeriodAGENCY: Coast Guard, DOT.ACTION: Extension of time for com-ments on proposed rules.SUMMARY: On June 30, 1977, the CoastGuard published an advance notice ofproposed rulemaking in the FEDERAL REG-iSTER (42 FR 33353) concerning U.S. andforeign flag existing self-propelled ves-sels that carry bulk liquifled gases. Thisnotice extends thd comment period toOctober 11, 1977. The original closingdate was August 11, 1977. Two requestshave been received to extend the com-ment period in order to allow additionaltime for a thorough review of the pro-posal. The Coast Guard found these re-quests reasonable and has extended thetime for comments.DATE: Comments on the proposed rulesmust be received on or before October 11,1977.ADDRESS: Comments should be submit-ted to the Commandant (G-CMC/81),U.S. Coast Guard, Washington, D.C.20590.

FOR FURTHER INFORMATION CON-TACT:

Captain Goerge K. Greiner, MarineSafety Council (G-CMC/81), Room8117, Department of Transporhttion,Nassif Building, 400 Seventh St., SE.,Washington, D.C. 20590 (202-420-1477).

DaAFINa INFORMATION

The principal persons involved indrafting this document are: LieutenantCommander Thomas R. Dickey, ProjectManager, Office of Merchant MarineSafety; and Mr. Stanley M. Colby, Proj-ect Attorney, Office of the Chief Counsel.

The advance notice of proposed rule-making was issued under the followingauthority:

Regulations for dangerous cargoes is-sued under R.S. 4472, as amended (40U.S.C. 170) except those for flammableand combustible liquids Issued under sec.201, 86_Stat. 427, as amended (46 U.S.C.391a); the functions, powers, and dutie3relating to the Coast Guard under R.S.4472, as amended, transferred to the De-partment under sec. 6(b) (1), 80 Stat.937 (49 U.S.C. 1655(b)(1)); 46 U.S.C.170 delegated to the Coast Guard under49 CFR 1.46 (b) and (t), 46 U.S.C. 301adelegated to the Coast Guard under 49CFR 1.46(n) (4).

Dated: September 12, 1977..0. W. SILE,

Admiral, U.S. CoastGuard Commandant.,

[FR DoC.77-27140 Filod 9-10-77,8:4 atml

FEDERAL REGIRTU V01f. 4S. Ul) 1$-MONDM SDUMSRt 91"

46938


coal mining effluent guidelines - proposed rule - september ......1977/09/19 · for "new...

Documents