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RATIONALE <br />SECOND RENEWAL <br />CDPS GENERAL PERMIT <br />FOR COAL MINING FACILITIES (SURFACE RUNOFF ONL}~ <br />CDPS NO. COG850000 <br />Changes to this general permit upon the second renewal are relatively minor in nature. <br />Minor Wastewater Sources-The Division proposes to allow minor wastewater sources other than surface runoff ro be <br />discharged under this general pesmit in conjunction with surface runoff. Only those sources for which the efjluem <br />limitations and monitoring requirements are the same as those in this permit can be included. Each application wilf be <br />evaluated separately. Additional monitoring may be requested by the Division during the application review process ro <br />aid in our daermination. There is no way to make a blanks statemem of whist minor wastewater sources wi17 be included <br />and which mirror wastewater sources will be excluded. Generally, a wastewater source would have to be minor in volume <br />and/or consrituem concentration [o be eligible for coverage. An esarnple would be a sma[! volume of pit or mine water <br />chat occurs intermiaemly for short periods of time and would comprise a low percentage of the total volume in a <br />sedimemarion pond. The pond might be oversized to the degree that this source would not cause a discharge ro occur to <br />stare waters during periods when [he mine water is discharging to the pond. A chemical analysis and possibly, whole <br />tffluent tozidry testing, of the source would be required for the Division's determination. <br />• Burden of Proof--The Burden of Proof section of the permit {Pnn I.B.I.d.) is being refined to better demonstrate <br />consistenry in iu application to all fadlities. There was a perception by a small segment ojthe mining industry that this <br />section discriminated against facilities that had only manual pond dewatering capabilities. This was not the intention. <br />Zhe goal it to provide re(ieffrom primary Gmitationc only when necessary, i.e., when precipitation overwhelms a treatment <br />rystem and u is unable to meet the primary limitations, regardless of the type of discharge struuure. The relief is not <br />meant to be applied to all discharges of predpiration-related effluent. Otherwise, the primary Limitations would never apply <br />to surface runoff, since all surface runofl'is pretpitation-related. This is clearly not the intention of the regulations. <br />Whole Effluent Toxicity-The discharges authored under this permit do not cocain toxic pollutants in toxic amounts, thus <br />whole efJfuent toxicity (WET) regulations do not apply to this permit and no WET testing requirements will be imposed in <br />this permit. !f a fariliry applying for coverage under this permit is determined ro have the poteuial to discharge toxic <br />pollutants in tonic amounts, the jaciliry will not be certified under this permit. It will instead 6e processed for coverage <br />under an individual permit with WET testing requirements. As noted above however, WET testing it application may be <br />required ro assist in determining the eligibi[iry for the facility to be cerri, fled jot discharge through this genera[ permit. <br />Antideeradation-The Division reviewed this renewal permit for compliance with amidegradation regulations. No <br />limitations have changed, thus there is no increase in loading from those facilities with continuing coverage under the <br />genera! permit. Additionally, discharges authorized router this permit are not expeued to occur during !ow flaw conditions, <br />they rypiaally ocao when stream jlox~ are high and quality is poor due to storm events. Ir is the Division's determination <br />that antidegradarion does not apply to this permit. <br />Stormwater--Changes from the mast recent language in this general permit are few. The Division modified the <br />Testing/Evaluation for Non-Stormwater secrion to allow identification of non-stormwarer discharges without actual <br />sampling. Also, the date by which inspecdon of inactive industrial sites under Parr l.B.2.b)5) must be performed is <br />changed to Ouober 1, 1999, or two years after the site becomes inactive, whichever is earlier. <br />Jon C. Kubic <br />Kathryn Dolan (srormwater) <br />January 22, 7997 <br />Public Notice Comments: No comments were received during the public notice period. The final permit will be unchanged <br />-om the draft version with one exception. The requirement ro submit duplicate copies of discharge monitoring reports to the <br />i Environmental Prateaion Agency Region Vfll is being eliminated. Part I.D.1. of the permit reflects this dtartge. <br />Jon C. Kubic <br />March 20, 1997 <br />