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RATIONALE TH/RD RENEWAL CDPS GENERAL PERti//T FOR COAL MINING FACIL/TIES (SURFACE RUNOFF ONLY) CDPS NO. COG-850000 ~anges to this general permit upon the third renewal are relatively minor in nature. 1. The discharge language from past revisions did not consider discharges to land In this renewal, land application language is included 2. Antideeradation--TheDivision reviewed this renewal permitjorcompliance with antidegradationtegulations. No limitations havechanged. 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 capaciry. Additionally, discharges authorized under this permit are not expected to occur during low flow conditions, they typically occur when stream flows 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, 2002. Due to the special requirements that bath operations require, it would be more appropriate to be covered under an individual permit. The subcategoryfor Coal Remining applies topre-existing discharges that are located ivtrhin, or that are hydrologically connected to, pollution abatement areas ofa coal remining operation. The Western Alkaline Coa! Mining subcategory establishes effluent limitations 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, irs an acid or semi-arid environment with an average annual precipitation of26.0 inches or less. If in the future, the Division deems it necessary to add provisions to cover these two subcategories, this general permit will be reopened to add conditions and monitoring requiremenu that address the new subcategories. See previous permit rationale jot changes that occurred since the original general permit was conceived. Christopher L. Gates February 19, 1002 COMMENTS MADE DURING PUBLIC NOTICE Environmental Protection Agency made the following comments, with the Division's response, if arty, in bold. e rationale needs to explain how new discharges and/or new sources wi77 be covered under the permit and how the addition of those new sources/discharges will satisfy the State's Antidegradation Policy. Ifnew sources are to be covered, the effluent limits table must contain New Source Performance Standards (NSPS) limits for total Iron. The Division included additional language in the rationale to address new or increased discharges, stating that there is no increased load from existing discharges and any new source or discharger would not be expected to approach the remaining assirnrlative capaciry. The new or increased discharges will Have to comply with the NSPS limit for iron. Federal effluentguidelinesfot 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 effluentguidelinesfortotol manganese limits have been added to cover acid or ferruginous mine drainage and coal plantpreparation aMivities that would normally be coveted under this genera! permit Lastly, the storm related discharge limitations and requirements varyfrom the storm discharge requirementsfoundisnder 40 CFR §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 ort January 23, 1002. These two subcategories are for coal remining operations and western alkaline mining. These subcategories shall be mentioned here, but will be excluded from coverage from this general permit due to the special requirements that would 6e better covered under an individual permit. The subcategory for Coa! 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 perjrmanee standardsfor alkaline mine drainage from reclamation areas, brushing and grubbing areas, oil stockpiling areas, and regraded areas at western coo! mining operations. Western coal mining is defined as a surface or underground mining operation located in the700`~ meridian west longitude, in an aridarsemi-arid environment with an average annual precipitation oj26.0 inches or less. If in thejuture, the Division deems it necessary to add provisions to cover these two subcategories, thisgeneral permit will be reopened to add conditions and monitoring requirements that address the new subcategories Christopher L. Gates June S, 2002