Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.02 - Experimental Practices Mining

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  requirements of this regulation 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 the Regulatory Program. The purpose of this regulation
				  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. "Experimental practice" 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 the Regulatory Program, if
				  approved pursuant to this regulation.
B. A person may not engage in or maintain any
				  experimental practice, unless that practice is first approved in a permit by
				  the Bureau. The Bureau may not grant approval without first obtaining
				  concurrence with appropriate officials of the federal Office of Surface
				  Mining.
C. Each person who desires
				  to conduct an experimental practice shall submit a permit application for the
				  approval of the Bureau. The permit application shall contain appropriate
				  descriptions, maps, and plans which show:
(1)
				  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;
(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 practices normally
				  required under the Regulatory Program; and
(b) Will not reduce the protection afforded
				  public health and safety below that provided by the requirements of the
				  Regulatory Program;
(5)
				  That the applicant will conduct monitoring of the effects of the experimental
				  practice during and after the operations involved. The monitoring program
				  shall:
(a) Insure the collection, analysis,
				  and reporting of sufficient and reliable data to enable the Bureau and the
				  federal Office of Surface Mining to make adequate comparisons with other
				  surface coal mining and reclamation operations employing similar experimental
				  practices;
(b) Evaluate the
				  effectiveness of the experimental practice; and
(c) 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.