Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.04 - Experimental Practices Mining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Paragraphs (2) - (11) of this Rule apply to any person who conducts or intends to conduct surface coal mining and reclamation operations under a permit authorizing the use of alternative mining practices on an experimental basis if the practices require a variance from the environmental protection performance standards of Chapter 880-X-10.
(2) The purpose of this Rule is to provide requirements for the permitting of surface coal mining and reclamation operations that encourage advances in mining and reclamation practices or allow postmining land use for industrial, commercial, residential or public use (including recreational facilities) on an experimental basis.
(3) Experimental practice, as used in the Rule, means the use of alternative surface coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of Chapter 880-X-10 if approved pursuant to this Rule.
(4) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the State Regulatory Authority, and the Director of OSM.
(5) Any person who desires to conduct an experimental practice shall submit a permit application for approval by the State Regulatory Authority, and the Director of OSM. The permit application shall contain appropriate descriptions, maps, plans and data which show:
(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice and any special monitoring which will be conducted:
(b) How the use of the experimental practice:
1. Encourages advances in mining and reclamation technology, or
2. Allows a post-mining land use for industrial, commercial, residential or public use (including recreational facilities), on an experimental basis.
(c) That the mining and reclamation operations proposed for using an experimental practice are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;
(d) That the experimental practice --
1. Is potentially more or at least as environmentally protective, during and after the proposed mining and reclamation operations, as those required under Chapter 880-X-10 of these regulations; and
2. Will not reduce the protection afforded public health and safety below that provided by the requirements of Chapter 880-X-10 of these regulations.
(e) That the applicant will conduct monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall ensure the collection, analysis, and reporting of reliable data that are sufficient to enable the Regulatory Authority and the Director of OSM to:
1. Evaluate the effectiveness of experimental practice, and
2. Identify, as soon as possible potential risks to the environment and public health and safety from the use of the experimental practice during and after mining.