Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 12.200 - Experimental Practices Mining

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Experimental practices provide a variance from the environmental protection
					 performance standards of the Act and Subchapter K of this chapter (relating to
					 Permanent Program Performance Standards) for experimental or research purposes,
					 or to allow an alternative postmining land use. They may be undertaken if they
					 are approved by the Commission and the Director and if they are incorporated in
					 a permit revision issued in accordance with the requirements of Subchapter G of
					 this chapter (relating to Surface Coal Mining and Reclamation Operations
					 Permits and Coal Exploration Procedures Systems).
(b) No person shall engage in or maintain any
					 experimental practice, unless that practice is first approved in a permit by
					 the Commission and the Director.
(c) Each person who desires to conduct an
					 experimental practice shall submit a permit application which contains
					 descriptions, maps, plans, and data 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
					 encourages advances in mining and reclamation technology or, allows a
					 postmining land use for industrial, commercial, residential, or public use
					 (including recreational facilities) on an experimental basis;
(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 Subchapter
					 K of this chapter (relating to Permanent Program Performance Standards);
					 and
(B) will not reduce the
					 protection afforded public health and safety below that provided by the
					 requirements of Subchapter K of this chapter (relating to Permanent Program
					 Performance Standards); and
(5) that the applicant will conduct
					 monitoring of the effects of the experimental practice. The monitoring program
					 shall ensure the collection, analysis, and reporting of reliable data that are
					 sufficient to enable the Commission and the Director to:
(A) evaluate the effectiveness of the
					 experimental practice; and
(B)
					 identify, at the earliest possible time, potential risk to the environment and
					 public health and safety which may be caused by the experimental practice
					 during and after mining.