§ 86.54. Public notice of permit revision.
A permit revision request shall be subject to the notice requirements of § 86.31 (relating to public notices of filing of permit applications) under the following circumstances:
(1) For surface mining activities:
(i) Discharging to a different watershed not previously receiving a discharge from the operation or a change in water handling procedure. Water handling includes, but is not limited to, treatment facility design or use of other treatment techniques not identified by the EPA as Best Available Technology Economically Achievable (BAT) in 40 CFR Part 434 (relating to coal mining point source Category BPT, BAT, BCT limitations and new source performance standards) and additional discharge points.
(ii) The addition of auger mining to the operation.
(iii) The addition of coal refuse disposal, beneficial use of coal ash or biosolids, or residential septage for land reclamation to the operation.
(iv) The change of postmining land use.
(v) A physical change in the mine configuration is proposed. Physical changes include, but are not limited to, stream diversion structures, new or expanded road systems and elimination of public roads.
(vi) The addition of blasting to the operation.
(2) For underground mining activities:
(i) Discharging to a different watershed not previously receiving a discharge from the operation or a change in the water handling procedure. Water handling includes, but is not limited to, treatment facility design, or use of other treatment technologies not identified by the EPA as BAT in 40 CFR Part 434 and additional discharge points.
(ii) A physical change in the mine configuration is proposed. Physical changes include, but are not limited to, stream diversion structures, new or expanded road systems, elimination of public roads, new mine openings excluding boreholes and acreage modifications.
(iii) A change to the postmining land use or subsidence control plan is proposed.
(3) For coal refuse disposal activities:
(i) Discharging to a different watershed not previously receiving a discharge from the operation or a change in the water handling procedure. Water handling includes, but is not limited to, treatment facility design, or use of other treatment technologies not identified by the EPA as BAT in 40 CFR Part 434 and additional discharge points.
(ii) A physical change in the coal refuse disposal configuration which is proposed. Physical changes include, but are not limited to, stream diversion structures, new or expanded road systems—except roads on the fill—elimination of public roads, new disposal areas and acreage modifications.
(iii) A change in the postmining land use.
Authority The provisions of this § 86.54 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 86.54 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (313500) to (313501).
Cross References This section cited in 25 Pa. Code § 86.31 (relating to public notices of filing of permit applications); and 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites).
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