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'' ~ ?,_.~ <br />i' <br />2 <br />The October 9, 1985 Federal Register (pp. 41296-41313) contains a discussion of <br />revisions to 40 CFR Part 434 and EPA's intent in promulgating those regulations. <br />The discussions of acid and alkaline mine dischazges overlap, but the following <br />quotations appear to be relevant to any water pumped from a mine pit into a <br />sediment pond. <br />"...the Agency has concluded that acid or ferruginous discharges that are pumped or <br />siphoned from surface mining areas to treatment ponds can be controlled by the <br />mine operator even during periods of heavy precipitation, and thus should not be <br />eligible for the alternate rainfall limitations unless a precipitation event greater than <br />the 10-year, 24-hour event occurs. Controlled surface mine drainage is any surface <br />mine drainage that is pumped or siphoned from the active mining area." (p. 41297) <br />"Thus..., there is no need to have alternate precipitation limitations for acid or <br />ferruginous discharges that aze pumped or siphoned from the active area of a surface <br />mine, except when a precipitation event greater than the 10-year, 24-hour <br />precipitation event occurs:' (p. 41297) <br />"...the alternate storm limits are designed to afford relief only when necessary. <br />Operators should endeavor to meet dry weather standards whenever possible:' (p. <br />41300) <br />"The National Coa] Association...agreed with EPA that pumping from pits, wherever <br />located, could be controlled to the extent that alternate storm limitations would not <br />be necessary." (p. 41300) <br />Please call if you have any questions. <br />Sincerely, <br />Larry P. Routten <br />Environmental Protection Specialist <br />cc: Kathleen Sullivan, WQCD <br />Jon Kubic, WQCD <br />ich Atkinson, Colowyo Coal Company <br />Erica Crosby <br />~:~~si~awi~ <br />