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RATIONALE THIRD RENEWAL CDPS GENERAL PERMIT FOR COAL MINING FAC/CITIES (SURFACE RUNOFF ONLY) CDPS NO. COG-850000 Changes to rh/s general permit upon the third renewal are relatively minor in nature. !. The discharge language from past revisions did not consider discharges to land. /n this renewal, land application language is included 2. Antidegradation--TheDtvisionrevfewedthisrenewalpermitforcampliancewithantidegradationregula[ions. No limitations have changed, thus there is no increase in loading from those facilities with continuing coverage under the general permit, and any new source, or discharger covered under this permit would not be expected to approach the remaining assimilative capacity. Additionally, discharges authorized under this permit are not expected to occur during low flow conditions, they typically occur when stream flaws are high due to storm events. /t is the Division's determination that antidegradation does not apply to this permit. 3. Western Alkaline Mining & Coal Remining operations are excluded om coverage under this general permit. These two new subcategories were recently published in the Federal Register on January 23, 1002. Duero the special requirements that bath operations require, it would be mare appropriate to 6e covered under an individual permit. The subcategotyjor Coal Remining applies topre-existing discharges thatare located within, or that are hydrologically connected to, pollution abatemem areas ofa coal remining operation. The Western Alkaline Coal Mining subcategory establishes effluent [imitations and performance standards for alkaline mine drainage from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded areas at western coal mining operations. Western coal mining is defined as a surface or underground coal mining operation located in the 100"' meridian west longitude, in an arid or semi-arid environment with an average annual precipitation of 26.0 inches or less. If in the future, the Division deems it necessary to add provisions to cover these two subcazegories, this genera[ permit will be reopened to add conditions and monitoring requirements that address the new subcategories. See previous permit rationale for changes that occurred since the original general permit was conceived I COMMENTS MADE DURING PUBLIC NOTICE The Environmental Protection Agency made the following comments, with the Division's response, if any, in bold Christopher L. Gates February 19, 2002 The rationale needs to explain how new discharges and/or new sources will be covered under the permit and how the addition of those new .sources/discharges will satisfy the State's Antidegradation Policy. IJnew sources are to be covered, the effluent limits table must contain New :Source Performance Standards (NSPS) limits for total Iron. The Division included additianallanguage in the rationale to address new or increased discharges, stating thatthere is no increased laadfram existing discharges and any new source ar discharger would not be expected to approach the remaining assimilative capacity. The new or increased discharges will have to comply with the NSPS limit jor iron. Federal effluentguidelinesfnr total manganese limits have been omitted from the renewal permit. Please review 40 CFR Part 434 Coal Mining and insert manganese limits where applicable. Federal effluentguidelinesfortotalmanganese limits have been added to cover acid or ferruginous mine drainage and coal plantpreparation activities that would normally be covered under this general permit. ' Lastly, the storm related dischargelimitationsandrequirementsvaryfromthestormdischargerequirementsfoundunder40CFR,¢434.63. Please review the requirements under 40 CFR Part 434 and revise appropriately. Changes were made to be consistent with 40 CFR § 434.63 for storm related activities. During the comment review, it was made known by the EPA that two new subcategories were recently published in the Federal Register on January Z3, Z002. These two subcategories are for coal remining operations and western alkaline mining. These subcategories shall be mentioned here, but wilf be excluded from coverage from this general permit due to the special requirements that would be better covered under an individual permit. The subcategory for Coal Remining applies to pre-existing discharges that are located within, or that are hydrologically connected to, pollution abatement areas of a coal remining operation. The Western Alkaline Coal Mining subcategory establishes effluent limitations and performance standards jor alkaline mine drainage from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded areas at western eoa[mining operations. Western coal mining is defined asasurface or underground real mining operation located in the I00ih meridian west longitude, in an grid or sem i-arid environment with an average annual precipitation of26.0 inches or less. If in thefuture, the Division deems it necessary to add provisions to cover these two subcategories, this general permit will be reopened to add conditions and monitoring requirements that address the new subcategories. Christopher L. Gates June S, 2002