Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 2 - DISCHARGES, PERMIT REGS
Appendix J - Additional Requirements Applicable to Coal Mining Operations

Current through September 21, 2024

(a) General definitions applicable to Appendix J.

(i) "Abandoned mine" means a mine where mining operations have occurred in the past and:

(A) The applicable reclamation bond or financial assurance has been released or forfeited; or

(B) If no reclamation bond or other financial assurance has been posted, no mining operations have occurred for five years or more.

(ii) "Acid or ferruginousmine drainage" means mine drainage which, before any treatment, either has a pH of less than 6.0 or a total iron concentration equal to or greater than 10 mg/l.

(iii) "Active mining area" means the area, on and beneath land, used or disturbed in activity related to the extraction, removal, or recovery of coal from its natural deposits. This term excludes coal preparation plants, coal preparation plant associated areas and post-mining areas.

(iv) "Alkaline, mine drainage" means mine drainage which, before any treatment, either has a pH of greater than 6.0 or a total iron concentration less than 10 mg/l.

(v) "Bond release" means the time at which the appropriate regulatory authority returns a reclamation or performance bond based upon its determination that reclamation work (including, in the case of underground mines, mine sealing, and abandonment procedures) has been satisfactorily completed.

(vi) "Coal preparation plant" means a facility where coal is subjected to cleaning, concentrating, or other processing or preparation in order to separate coal from its impurities and then is loaded for transit to a consuming facility.

(vii) "Coal preparation plant associated areas" means the coal preparation plant yards, immediate access roads, coal refuse piles, and coal storage piles and facilities.

(viii) "Coal preparation plant water circuit" means all pipes, channels, basins, tanks, and all other structures and equipment that convey, contain, treat, or process any water that is used in coal preparation processes within a coal preparation plant.

(ix) "Coal refuse disposal pile" means any coal refuse deposited on the earth and intended as permanent disposal or long-term storage (greater than 180 days) of such material, but does not include coal refuse deposited within the active mining area or coal refuse never removed from the active mining area.

(x) "Controlled surface mine drainage" means any surface mine drainage that is pumped or siphoned from the active mining area.

(xi) "Mine drainage" means any drainage, and any water pumped or siphoned, from any active mining area or a post mining area.

(xii) "ml/l" means milliliters per liter.

(xiii) "New source coal mine" means a coal mine (excluding coal preparation plants and coal preparation plant associated areas) including an abandoned mine which is being reminded:

(A) The construction of which is commenced after May 4, 1984; or

(B) Which is determined by the administrator to constitute a "major alteration." In making this determination, the administrator shall take into account whether one or more of the following events resulting in a new, altered or increased discharge of pollutants has occurred after May 4, 1984 in connection with the mine for which the WYPDES permit is being considered:

(I) Extraction of a coal seam not previously extracted at the mine;

(II) Discharge into a drainage area not previously affected by wastewater discharge from the mine;

(III) Extensive new surface disruption at the mining operation;

(IV) A construction of a new shaft, lope, or drift; and

(V) Such other factors as the administrator deems relevant.

(xiv) "One year, 2-year, and 10-year, 24-hour precipitation events" means the maximum 24-hour precipitation event with a probable recurrence interval of once in one (1), two (2), and ten (10) years respectively as defined by the National Weather Service Technical Paper No. 40, "Rainfall Frequency Atlas of the U.S." May 1961, or equivalent regional or rainfall probability information developed therefrom.

(xv) "Post-mining area" means:

(A) A reclamation area; or

(B) The underground workings of an underground coal mine after the extraction, removal, or recovery of coal from its natural deposit has ceased and prior to bond release.

(xvi) "Reclamation area" means the surface area of a coal mine which has been returned to required contour and on which revegetation (specifically, seeding, or planting) work has commenced.

(xvii) "Settleable solids" is that matter measured by the volumetric method specified in Appendix J (f).

(xvii) "Treatment facility" and "treatment system" mean all structures which contain, convey, and as necessary, chemically or physically treat coal fine drainage, coal preparation plant process wastewater, or drainage from coal preparation plant associated areas, which remove pollutants regulated by this part from such waters. This includes all pipes, channels, ponds, basins, tanks, and all other equipment serving such structures.

(b) Application requirements specific to discharges from coal mines must provide the following information, in addition to that described in Section 5(a) (v), and where applicable the information described in Appendix B, Appendix C, and/or Appendix D, to the administrator, using an application form provided by the administrator.

(i) Construction application requirements. A permit application, which may include an approved sedimentation structure control plan, in accordance with the provisions outlined in Wyoming Water Quality Rules and Regulations, Chapter 3, is required for the construction of any sedimentation ponds or runoff control facilities associated with surface coal mining operations. By agreement between the Land Quality Division and the Water Quality Division, this may take the form of one consolidated application for surface coal mining operations.

(ii) Minimum design standards for sedimentation control facilities. The minimum design standards for runoff control facilities of surface coal mining operations are set forth in this subparagraph. The department reserves the right to impose more stringent design requirements to ensure compliance with the effluent limitations contained in Section 5(c) (iii) of these regulations.

(A) Scope. These standards pertain only to permits for surface coal mining sedimentation control facilities required pursuant to Wyoming Water Quality Rules and Regulations, Chapter 3.

(B) Sedimentation ponds and sedimentation control structures. (I) Design.

(1.) Inlet ditches or structures shall be designed to minimize erosion, disturbance of the pond bottom, and resuspension of silts or colloidal soil particles.

(2.) Outlet structures, if used, shall have an overflow device, minimize short-circuiting, minimize floating solids from discharging and shall not erode or disturb the dike. All pipe protruding through a dike shall have adequate seepage control. The point of discharge into a channel shall be protected against erosion and erosion control devices shall be designed based on flow velocities.

(3.) The design, construction and maintenance of a sedimentation pond or other sediment control measures shall not relieve the person from compliance with applicable effluent limitations.

(4.) Computations showing the facility volume to include runoff from a 10-year 24-hour precipitation event shall be provided. The pond treatment or containment volume shall be in addition to sediment storage required by Land Quality Division regulations. A lesser design event may be approved by the administrator based on terrain, climate, other site-specific conditions and on a demonstration by the applicant that the effluent limitations of Section 5(c) (iii) will be met. The design for the runoff control facilities shall contain all supportive documentation, calculations and drawings necessary to determine compliance with the effluent limitations of Section 5(c) (iii) of these regulations.

(5.) Each person who conducts surface mining activities shall design, construct and maintain sedimentation ponds to minimize short-circuiting where the facility is not designed to contain the 10-year 24-hour precipitation runoff.

(II) Construction. This paragraph pertains only to impoundments not defined as major impoundments by the State Engineer's regulations. Below grade sedimentation ponds may be exempted provided site specific contours indicate a slope that will provide wall structure stability and minimize seepage.

(1.) Where pond bottoms and sidewalls are made of fill material, the soils used shall be relatively incompressible, have a low permeability, and be free from organic material and trash. The soil shall be compacted at a water content that will ensure structural stability, minimize hydraulic seepage, and minimize settling.

Fill material containing rocks larger than six (6) inches in the longest dimension shall not be placed within five (5) feet of the interior slope surface of any pond embankment. Material containing by volume less than 25 percent of rock larger than six (6) inches and less than 12 inch in the longest dimension may be placed in the remainder of the embankment.

(2.) Outer dike slopes shall not be steeper than one vertical to two (2) horizontal. Flatter slopes may be required to maintain slope stability. Inner dike slopes shall be sloped one vertical to three horizontal or flatter.

(3.) The minimum top dike width shall be sufficient to provide structural stability.

(4.) The application shall contain an evaluation of the need for riprap. This evaluation shall address site specific conditions such as surrounding topography, predominant wind directions, highest predicted peak wind velocity, calculation of predicted wave heights, data on windy months versus potential of water and water depths in the impoundment, impoundment life or any other relevant parameters. If necessary, riprap or other acceptable erosion control shall be installed on the inner dike slopes at all anticipated levels of water. Sedimentation control structures shall be exempted from requirements of this appendix.

(III) Dewatering. The storage resulting from inflow shall be removed by a nonclogging dewatering device or a spillway as soon as possible but not prior to the time that the discharge will comply with the effluent standards of these regulations. The application shall contain documentation that equipment or outlet structures are available for draining the pond.

(C) Discharge structures. Outfall structures and related equipment which is sufficient to meet the self-monitoring requirements of the WYPDES permit shall be properly installed, maintained, operated, and shall be removed when no longer required.

(c) Permit condition. Identification of outfalls. Point source discharges which consist of process wastewater or a combination of process wastewater and water from affected lands shall be identified as specific points of discharge in the discharge permit for each mine. Point source discharges which consist of water discharged from affected lands only may not be required to be identified as specific points of discharge in the discharge permit for each mine. Even if a discharge is not designated as a specific point of discharge, such discharges shall be required to meet the applicable self-monitoring and effluent requirements of the permit.

(d) Effluent limitations.

(i) The following types of mine discharges are subject to the effluent limitations of Appendix J (d) (ii):

(A) Coal preparation plants and coal preparation plant associated areas, as indicated, including discharges which are pumped, siphoned or drained from the coal preparation plant water circuit and coal storage, refuse storage and ancillary areas related to the cleaning or beneficiation of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.

(B) Acid or ferruginous mine drainage from an active mining area resulting from the mining of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.

(C) Alkaline mine drainage from an active mining area resulting from the mining of coal of any rank including, but not limited to, bituminous, lignite, and anthracite.

(D) Post-mining underground mine drainage from the underground workings of underground mines until Surface Mining Control and Reclamation Act (SMCRA) bond release.

(ii) All point source mine discharges, as described in Appendix J (d) (i), which enter or will directly affect surface waters of the state shall meet the following effluent limitations except during a precipitation event of any duration within any 24-hour period which results in a rainfall depth greater than the 10-year, 24-hour precipitation amount (or snowmelt of equivalent volume). During such precipitation events only the limitation on pH shall apply:

*Applicable only when pH of the discharge, prior to any treatment, is less than 6.0 standard units.

(iii) Post-Mining Areas. The provisions of this paragraph are applicable to discharges from post mining areas, except as provided in Appendix J (h).

(A) Reclamation Areas. The following limitations apply to discharges from reclamation areas until the performance bond issued to the facility by the appropriate SMCRA authority has been released. The following limitations establish the concentration or quality of pollutants which may be discharged.

(iv) Co-mingling of waste streams. Where waste streams from any facility covered by this appendix are combined for treatment or discharge with waste streams from another facility covered by this part, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to any component waste stream of the discharge.

(v) Alternate effluent limitation for pH. Where the application of neutralization and sedimentation treatment technology results in inability to comply with the otherwise applicable manganese limitations, the permit issuer may allow the pH level in the final effluent to exceed 9.0 to a small extent in order that the manganese limitations can be achieved, provided that the pH of the receiving surface water of the state does not exceed water quality standards of Wyoming Water Quality Rules and Regulations Chapter 1, Wyoming Surface Water Quality Standards.

(e) Effluent limitations for precipitation events.

(i) The alternate limitations specified in Appendix J (e) (ii) apply with respect to:

(A) All discharges of alkaline mine drainage except discharges from underground workings of underground mines that are not commingled with other discharges eligible for these alternate limitations;

(B) All discharges from steep slope areas, (as defined in Section 515(d) (4) of the SMCRA of 1977, as amended), and form mountaintop removal operations (conducted pursuant to Section 515(c) of SMCRA);

(C) Discharges from coal preparation plants and preparation plant associated areas (excluding acid or ferruginous mine drainage from coal refuse disposal piles).

(ii) Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period less than or equal to the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:

iii) The following alternate limitations apply with respect to acid or ferruginous drainage from coal refuse disposal piles: Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 1-year, 24-hour precipitation event, but less than or equal to the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:

(iv) The following alternate limitations apply with respect to acid or ferruginous mine drainage, except for discharges addressed in: Appendix J (e) (i) (B) (mountaintop removal and steep slope areas) and Appendix J (e) (vii) (discharges from underground workings of underground mines):

(A) Any discharge or increase in the volume of a discharge caused by precipitations within any 24-hour period or less or equal to the 2-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:

(B) Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 2-year, 24-hour precipitation event, but less than or equal to the 10-year, 24-hour precipitations event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:

(v) Any discharge which occurs during a precipitation event of any duration within any 24-hour period which results in a rainfall depth greater than the 10- year, 24-hour precipitation amount (or snowmelt of equivalent volume) shall be required to meet an instantaneous maximum pH limitation of 6.0 - 9.0 only.

(vi) The operator shall have the burden of proof that the discharge or increase in discharge was caused by the applicable precipitation event described Appendix J (e) (ii), (iii), (iv) and (v).

(vii) Discharges of mine drainage from underground workings or underground mines which are not commingled with discharges eligible for alternate limitations set forth in Appendix J (e) shall in no event be eligible for the alternate limitations set forth in Appendix J (e).

(f) If effluent limitations more stringent than those given in paragraph (c) (i) or (ii) of this appendix are necessary to assure compliance with Wyoming Water Quality Rules and Regulations, Chapter 1, such limitations shall be established in accordance with Section 5(c) (iii) (C).

(g) Procedure and method detection limit for measurement of settleable solids. For the purposes of this appendix, the following procedure shall be used to determine settleable solids: Fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample. Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of the cone with a stirring rod. Allow to settle undisturbed for 15 minutes longer. Record the volume of settled material in the cone as milliliters per liter. Where a separation of settleable and floating materials occurs, do not include the floating material in the reading. Notwithstanding any provision of 40 CFR Part 136, the method detection limit for measuring settleable solids under this part shall be 0.4 ml/l.

(h) Western alkaline coal mining.

(i) Applicable to alkaline mine drainage at western coal mining operations from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded areas where the discharge, before any treatment, meets all of the following requirements:

(A) pH is equal to or greater than 6.0,

(B) Dissolved iron concentration is less than 10 mg/l, and

(C) Net alkalinity is greater than zero.

(ii) Special definitions.

(A) "Brushing and grubbing" area means the area where woody plant materials that would interfere with soil salvage operations have been removed or incorporated into the soil that is being salvaged.

(B) "Regraded area" means the surface area of a coal mine that has been returned to required contour.

(C) "Sediment" means undissolved organic and inorganic material transported or deposited by water.

(D) "Sediment yield" means the sum of the soil losses from a surface minus deposition in macro-topographic depressions, at the toe of the hillslope, along field boundaries, or in terraces and channels sculpted into the hillslope.

(E) "Topsoil stockpiling area" means the area outside the mined-out area where topsoil is temporarily stored for use in reclamation, including containment berms.

(F) "Western coal mining operation" means a surface or underground coal mining operation located in the interior western United States, west of the 100th meridian, west longitude, in an arid or semiarid environment with an average annual precipitation of 26 inches or less.

(iii) The effluent limitations of Appendix J (h) (iv) apply until the appropriate SMCRA authority has authorized bond release.

(iv) Effluent limitations.

(A) The operator must submit a site specific sediment control plan to the permitting authority that is designed to prevent an increase in the average annual sediment yield from pre-mined, undisturbed conditions. The sediment control plan must be approved by the administrator and be incorporated into the permit as an effluent limitation. The sediment control plan must identify best management practices (BMPs) and also must describe design specifications, construction specifications, maintenance schedules, criteria for inspection, as well as expected performance and longevity of the best management practices.

(B) Using watershed models, the operator must demonstrate that implementation of the sediment control plan will result in average annual sediment yields that will not be greater than the sediment yield levels from pre-mined, undisturbed conditions. The operator must use the same watershed model that was, or will be, used to acquire the SMCRA permit.

(C) The operator must design, implement, and maintain BMPs in the manner specified in the sediment control plan.

(I) Coal remining. Applicable to pre-existing discharges that are located within or are hydrologically connected to pollution abatement areas of a coal mining operation.

(i) Specialized definitions.

(A) "Coal remining operation" means a coal mining operation at a site on which coal mining was previously conducted and where the site has been abandoned or the performance bond has been forfeited.

(B) "Pollution abatement area" means the part of the permit area that is causing or contributing to the baseline pollution load of pre-existing discharges. The pollution abatement area must include, to the extent practicable, areas adjacent to and nearby the remining operation that also must be affected to reduce the pollution load of the pre-existing discharges and may include the immediate location of the pre-existing discharges.

(C) "Pre-existing discharge" means any discharge resulting from mining activities that have been abandoned prior tot the time of a remining permit application. The term shall include a pre-existing discharge that is relocated as a result of the implementation of BMPs contained in the Pollution Abatement Plan.

(D) "Steep slope" means any slope above 20 degrees or such lesser slope as may be defined by the administrator after consideration of soil, climate, and other characteristics of the State. The term does not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered and through which the mining operation is to proceed, leaving a plain or predominantly flat area.

(E) "New source remining operation" means a remining operation at a coal mine where mining first commences after February 22, 2002 and subsequently becomes an abandoned mine.

(ii) A pre-existing discharge that is intercepted by active mining or that is commingled with waste streams from active mining areas for treatment is subject to the provisions of Appendix J (d) (iv) of these regulations only during the time when the pre-existing discharge is intercepted by active mining or is commingled with active mine wastewater for treatment or discharge. After commingling has ceased, the pre-existing discharge is subject to the provisions of Appendix J (i) of these regulations.

(iii) In situations where coal remining operations seek reissuance of an existing remining permit with BPJ limitations and the administrator determines that it is not feasible for a remining operator to re-establish baseline pollutant levels in accordance with the statistical procedures contained in 40 CFR Part 434 Appendix B pre-existing discharge limitations at existing remining operations shall remain subject to baseline pollutant levels established during the original permit application.

(iv) The effluent limitations of Appendix J (i) apply to pre-existing discharges until the appropriate SMCRA authority has authorized bond release.

(v) Effluent limitations applicable to coal remining.

(A) The operator must submit a site-specific pollution abatement plan to the administrator for the pollution abatement area. The plan must be approved by the administrator and incorporated into the permit as an effluent limitation. The Pollution Abatement Plan must identify characteristics of the pollution abatement area and the pre-existing discharges. The Pollution Abatement Plan must be designed to reduce pollution load from pre-existing discharges and must identify the selected BMPs to be used. The plan must describe the design specifications, construction specifications, maintenance schedules, criteria for monitoring and inspection, and expected performance of the BMPs. The BMPs must be implemented as specified in the plan.

(B) Except as provided in Appendix J (h) (v) (C) of these regulations, the following effluent limits shall apply to pre-existing discharges:

(I) Total iron may not exceed baseline loadings (as defined 40 CFR Part 434 Appendix B).

(II) Total manganese may not exceed baseline loadings (as defined 40 CFR Part 434 Appendix B).

(III) Net acidity may not exceed baseline loadings (as defined 40 CFR Part 434 Appendix B).

(IV) TSS, during remining and reclamation, may not exceed baseline loadings (as defined 40 CFR Part 434 Appendix B).

(V) Prior to bond release, the pre-existing discharge must meet the applicable standards for TSS or SS contained in Appendix J (d) (iii).

(VI) A pre-existing discharge is exempt from meeting standards in Subpart E for TSS and SS when the administrator determines that Subpart E standards are infeasible or impractical based on the site-specific conditions of soil, climate, topography, steep slopes, or other baseline conditions provided that the operator demonstrates that significant reductions of TSS and SS will be achieved through the incorporation of sediment control BMPs into the Pollution Abatement Plan as required by Appendix J (i) (v) of these regulations.

(C) If the administrator determines that it is infeasible to collect samples for establishing the baseline pollutant levels pursuant to Appendix J (i) (v) (B) of these regulations and that remining will result in significant improvement that would not otherwise occur, the numeric effluent limitations in Appendix J (i) (v) (B) of these regulations do not apply.

(D) Pre-existing discharges for which it is infeasible to collect samples for determination of baseline pollutant levels include, but are not limited to:

(I) Discharges that exist as a diffuse groundwater flow that cannot be assessed via sample collection;

(II) A base flow to a receiving surface water of the state that can not be monitored separate from the receiving surface waters of the state;

(III) A discharge on a steep or hazardous slope that is inaccessible for sample collection; or

(IV) A number of pre-existing discharges so extensive that monitoring of individual discharges is infeasible.