Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.060 - Requirements for Permits for Special Categories of Surface Coal Mining and Reclamation Operations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  permits for special categories of surface coal mining and reclamation
				  operations pursuant to sections
				  444.810,
				  444.815,
				  444.820,
				  444.825, 444.835, 444.840, and 444.850, RSMo.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Experimental Practices Mining.
(A) Subsections (1)(B)-(I) 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 10 CSR 40-3 and 10 CSR 40-4
				and the regulatory program.
(B) The
				purpose of this section 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.
(C)
				Experimental practice as used in this section means the use of alternative
				surface coal mining and reclamation operations practices for experimental or
				research purposes. Experimental practices need not comply with specific
				environmental protection performance standards of 10 CSR 40-3 and 10 CSR 40-4
				or the regulatory program, if approved pursuant to this section.
(D) No person shall engage in or maintain any
				experimental practice, unless that practice is first approved in a
				permit.
(E) Each person who desires
				to conduct an experimental practice shall include this practice in the permit
				application. The experimental practice application shall also be sent to the
				director of the office. The permit application shall contain appropriate
				descriptions, maps, data, and plans which show-
1. The nature of the experimental
				practice;
2. How use of the
				experimental practice-
A. Encourages advances
				in mining and reclamation technology; or
B. Allows a postmining land use for
				industrial, commercial, residential, or public use (including recreational
				facilities) on an experimental basis, when the results are not otherwise
				attainable under the approved regulatory program;
3. 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;
4. That the
				experimental practice-
A. Is potentially more
				or at least as environmentally protective, during and after the proposed mining
				and reclamation operations, as those required under 10 CSR 40-3 and 10 CSR 40-4
				and the regulatory program; and
B.
				Will not reduce the protection afforded public health and safety below that
				provided by the requirements of 10 CSR 40-3 and 10 CSR 40-4 and the regulatory
				program; and
5. That the
				applicant will conduct special monitoring with respect to the experimental
				practice during and after the operations involved. The monitoring program
				shall-
A. Ensure the collection and analysis
				of sufficient and reliable data to enable adequate comparisons to be made with
				other surface coal mining and reclamation operations employing similar
				experimental practices; and
B.
				Include requirements designed to identify, as soon as possible, potential risks
				to the environment and public health and safety from the use of the
				experimental practice.
(F) Each application shall set forth the
				environmental protection performance standards of 10 CSR 40-3 and 10 CSR 40-4
				which will be implemented in the event the objective of the experimental
				practice is a failure.
(G) All
				experimental practices shall be specifically identified through newspaper
				advertisements by the applicant and the written notifications required under
				10
				CSR 40-6.070(2).
(H) No permit authorizing an experimental
				practice shall be issued, unless it is found, in writing, upon the basis of
				both a complete application filed in accordance with the requirements of this
				section and the comments of the office that-
1. The experimental practice meets all of the
				requirements of paragraphs (1)(E)2.- 5. of this rule;
2. The experimental practice is based on a
				clearly defined set of objectives which can reasonably be expected to be
				achieved;
3. The experimental
				practice has been specifically approved, in writing, by the director of the
				office based on the findings of the director of the office that all of the
				requirements of paragraphs (1)(E)1.-5. of this rule will be met; and
4. The permit contains conditions which
				specifically-
A. Limit the experimental
				practice authorized to that granted by the commission or director and the
				director of the office;
B. Impose
				enforceable alternative environmental protection requirements; and
C. Require the person to conduct the periodic
				monitoring, recording, and reporting program set forth in the application, with
				additional requirements as the commission or director or the director of the
				office may require.
(I) Each permit which authorizes the use of
				an experimental practice will be reviewed in its entirety at least every three
				(3) years by the director, or at least once prior to the middle of the permit
				term, with a report filed with the commission. After review, the director, with
				the consent of the director of the office, shall require by order, supported by
				written findings, any reasonable revision or modification of the permit
				provisions necessary to ensure that the operations involved are conducted to
				protect fully the environment and public health and safety. Any person who is
				or may be adversely affected by the order shall be provided with an opportunity
				for a hearing in accordance with
				10
				CSR 40-6.080.
(J) Variances from the special environmental
				protection performance standards applicable to prime farmlands shall be
				approved only after consultation with the United States Department of
				Agriculture Natural Resources Conservation Service.
(K) Revisions or modifications to an
				experimental practice shall be processed in accordance with the requirements of
				this chapter and approved by the commission. Any revisions which propose
				significant alterations in the experimental practice, at a minimum, shall be
				subject to notice, hearing, and public participation requirements of this
				chapter and concurrence by the commission. Revisions that do not propose
				significant alterations in the experimental practice shall not require
				concurrence by the commission.