---
kind: "section"
citation: "40 C.F.R. § 434.71"
title: "40"
number: "434.71"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/434.71"
---

# §434.71. Applicability.

- (a) This subpart applies to pre-existing discharges that are located within or are hydrologically connected to pollution abatement areas of a coal remining operation.
- (b) 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 [§ 434.61](/cfr/40/434.61.md) Commingling of waste streams. For the purposes of this subpart, [§ 434.61](/cfr/40/434.61.md) requires compliance with applicable BPT, BAT, BCT, and NSPS effluent limitations in subparts [C](/cfr/40/subpartC.md), [D](/cfr/40/subpartD.md), and F of this part. [Section 434.61](/cfr/40/434.61.md) applies to the commingled waste stream 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 this part.
- (c) In situations where coal remining operations seek reissuance of an existing remining permit with BPJ limitations and the regulatory authority determines that it is not feasible for a remining operator to re-establish baseline pollutant levels in accordance with the statistical procedures contained in appendix B of this part, pre-existing discharge limitations at existing remining operations shall remain subject to baseline pollutant levels established during the original permit application.
- (d) The effluent limitations in this subpart apply to pre-existing discharges until the appropriate SMCRA authority has authorized bond release.

## Notes

### Source

Source: 67 FR 3406, Jan. 23, 2002, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1311 1314(b), (c), (e), and (g), 1316(b) and (c), 1317(b) and (c), and 1361.

### Source

Source: 50 FR 41305, Oct. 9, 1985, unless otherwise noted.