Effluent Guidelines

Notice of Data Availability for the Coal Mining Effluent Limitations Guidelines

Summary

On April 11, 2000 (65 FR 19440), EPA published proposed amendments to effluent limitations guidelines and standards for the coal mining point source category (40 CFR part 434). EPA proposed to add two new subparts to the existing regulations, the Coal Remining Subcategory (Subpart G) and the Western Alkaline Coal Mining Subcategory (Subpart H).

In the proposal, EPA specifically solicited comment on 18 issues, in addition to a general comment solicitation on all aspects of the proposed regulation. EPA received comments from various stakeholders, including state, tribal and federal regulatory authorities and environmental, and industry groups.

In response to request for general comments, EPA received comments and data on aspects of the Coal Remining Subcategory that EPA did not specifically solicit. Due to comments received, EPA is considering changes to certain aspects of the proposed Coal Remining Subcategory. In a Notice of Data Availability, EPA is making these data and comments available for public review and comment.

Effluent Limitations Guidelines

Effluent limitations guidelines are national regulations that establish restrictions on the discharge of pollutants to surface waters or to publicly owned treatment works by specific categories of industries. The requirements are developed by EPA based on the application of process or treatment technologies to control pollutant discharges. Although the guidelines are based upon particular technologies, EPA does not require that dischargers use these technologies. Since 1974, EPA has promulgated effluent limitations guidelines and standards for over 50 industrial categories.

Background of the Coal Remining Subcategory

EPA proposed a new Coal Remining Subcategory to reduce severe and extensive damage resulting from abandoned mine lands. Acid mine drainage from abandoned coal mines is the number one water quality problem in the Appalachian States. It is estimated that there are over 1.1 million acres of abandoned coal mine lands, over 9,000 miles of streams polluted by acid mine drainage, and many miles of dangerous embankments, highwalls, and surface impoundments. Prior to 1977, reclamation of mine lands was not a federal requirement. Many coal mines were left in an abandoned state and continue to degrade the environment and pose health and safety risks. The acid mine drainage from these abandoned mine lands are considered "pre-existing discharges."

In addition to having severe environmental and safety problems, abandoned mine lands can contain large amounts of coal. Modern surface mining techniques now provide mining operators with more economical means of "remining" to extract remaining coal reserves. During remining operations, many of the problems associated with abandoned mine lands are mitigated because the operator becomes responsible for reclaiming the abandoned land. Remining has the multiple benefits of improving water quality, removing hazardous conditions, and utilizing remaining coal as a resource instead of mining virgin land.

The current regulations at 40 CFR part 434 do not distinguish between pre-existing discharges and new discharges from active mining areas. Because treatment of pre-existing discharges to meet existing standards is so expensive, requiring such treatment is a disincentive to remining activities. EPA is proposing the Coal Remining Subcategory to address these regulatory disincentives and encourage remining activities that will reduce acid mine drainage and improve water quality.

Requirements for the Coal Remining Subcategory

The proposed Coal Remining Subcategory will cover pre-existing discharges only. EPA proposed that a coal remining operator must develop a site specific pollution abatement plan designed to reduce the pollution load from pre-existing discharges. The plan must incorporate the design and implementation of Best Management Practices (BMPs). EPA published a guidance manual on remining BMPs to be used by affected facilities and regulatory authorities. EPA also proposed that the operator must ensure that the levels of iron, manganese, and pH in pre-existing discharges are not made any worse from remining activities. However, EPA received comment on the proposal that EPA should also consider including sediment controls as BMPs so solids loadings are not increased over background conditions. Because EPA did not discuss this option in the proposal, EPA is publishing a notice to solicit public comment on establishing alternative effluent limits for solids.

Costs and Benefits of the Coal Remining Subcategory

EPA projects that the compliance cost for this new subcategory will range from $0.33 million to $0.76 million a year. EPA projects total monetized annual benefits of $0.70 to $1.2 million. Additionally, EPA expects that this regulation will significantly increase the rate at which abandoned mine lands are reclaimed, resulting in many non-water quality benefits that cannot be monetized.

Additional Information

For additional information concerning this proposed rule, contact Mr. Ahmar Siddiqui at (202) 566-1044 or siddiqui.ahmar@epa.gov. You may view the Federal Register notice and supporting development documents that describe this rule on the Internet at: http://www.epa.gov/waterscience/guide/coal/.

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