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RATIONALE <br />THIRD RENEWAL <br />CDPS GENERAL PERMIT <br />` FOR COAL MINING FACILITIES (SURFACE RUNOFF ONLY) <br />CDPS N0. COG-850000 <br />• ;es to this general permit upon the third renewal are relatively minor in rsature. <br />1. The discharge language from past revisions did not consider discharges to land. In this renewal, land application language is included. <br />1. Antidezradatian--Tl:eDivisiorsreviewedthisrcnewalpermitforcompliancewithantidegradafionregulations. No limitations havechmrged, <br />thus there is no increase in loading from these facilities with .continuing coverage under the general permit, and any new source, or <br />discharger covered under this permit would not be expected to approach the remaining assimilative capacity. Additionally, discharges <br />authari~ed under this permit are not expected to occur during low flow conditions, they typically occur when stream flows are high due to <br />storm events. It is the Division's determination that antidegradation does not apply to this permit. <br />3. Western Alkaline Mining&CoalRemining operations are excluded romcaverageunderthisgeneralpermit. Thesehvonewsubcategories <br />were recently published in the Federal Register- at January 23, 2002. Due to the special requirements that both operations require, it would <br />be mm~e appropriate to be covered under an individuatpermit. The subcategoryfor Coal Remining applies to pre-existing discharges that are <br />located within, or that are hydrologically connected to, pollution abatement m'eas oja coal ren;ining operation. The Western Alkaline Coal <br />Mining subcategory establishes effluent limitations and performance standards for alkaline mb: e drainage from reclamation m-eas, brushing <br />andgrubbing areas, topsoil stockpiling arms, and regraded areas at western coal mining operations. Western coal mining is defined as a <br />surface or underground coal mining operation: located in fhe IOd° meridian west longitude, in an grid or semi-arid environment with an <br />average annual precipitation of 26.0 inches o; ~ less. If in the future, the Division deems it necessary to add provisions to cover these two <br />subcategories, this general permit will 6e reopened to add conditions and monitoring requirennenu that address the new subcategories. <br />See previous permit rationale for changes that occurred since the original general permit was ea.ceived. <br />Christopher L. Gates <br />February 19, 2001 <br />COMMENTS MADE DURING PUBLIC NOTICE <br />The Environmental Protection Agency made fhe following comments, with the Division's response, if mry, in bold. <br />'ionnle needs to explain how new discharges and/or new sources will be covered under d+e permit and haw the addition of those new <br />s es/discharges will satisfy the State's Antidegradation Policy. Ifnew sources are to be covered, the effluent limits table must contain New <br />"ounce Performance Standards (NSPS) limits for total Iron. <br />". ire Division included additional language in the rationale to address new or increased discharges, stating that drere is no increased load from <br />r •:isting discharges and any new source or discharger would not be expected to approach the rernainirrg assimilative capacity. The new or <br />increased discharges will /rave to comply with the NSPS limit for iron. <br />1 ederal eff]uent guidelines for total manganese limits have been amined from the renewal permit. Please review 40 CFR Part 434 Coal Mining <br />[•+rd insert manganese limits where applicable. <br />t° •~deral effluent guidelines for total manganese limits have been added to cover acid or ferruginous mine drainage and coal plant preparation <br />activities Heat would normally be covered under this general permit <br />Lastly, fheslormrelr[teddischargelimitationsandrequirementsvaryfromthestormdischargerequirementsfoundunder40CFR§434.63. Please <br />::-eview the requirements under 40 CFR Part 434 and revue appropriately. <br />i.-ianges were made to be consistent with 40 CFR § 434.63 for storm related activities. <br />ilurheg the comment review, it was made known by the EPA that two new sabcategories were recentlypublished in the Federal Register on <br />r•~r:uary 23, 2002. These two subcategories are for coal remining operations and western alkaline mining. These subcategories shall be <br />~ntioned here, but will be excluded from coverage from this ge»eralpermit due to dee specia(requiremenis Thal would be bener covered <br />~~rler an individual permit. The subcategory for Coal Remining applies to pre-existing discharges tlmt are located within, or that are <br />'. +drologically connected to, pollution abatemen! areas of a coal remining operation. The Western Alkaline Coal Mining subcategory <br />,..ablisltes effluent limitations and performance standardsfor alkaline mine drainage from rectauratian areas, brushing and grubbing areas, <br />topsoil stockpiling areas, and regraded areas at western coal mining operations. Western coal mining is defined as a surface or underground <br />•: 6e[ngoperationlocatedin ihelOd"meridian west longitude, in an and orsemi-arid envir'or:ment with an average annual precipitation <br />,,~ nchesarless. Ifinthejuture,theDivisiondeemsitnecessarytoaddprovisionstocoverti:esetwosubcategories,thisgeneralperntit <br />reopened to add conditions and monitoring requirements that address the new subcategories. <br />Christopher L. Gates <br />June S, 2002 <br />