Md. Code Regs. 26.20.03.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.03.02 - Experimental Practices Mining

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.

D. Each application shall set forth the environmental protection performance standards of the Regulatory Program which will be implemented, if the objective of the experimental practice is a failure.

E. All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the Bureau under COMAR 26.20.04.02 a C.

F. A permit authorizing an experimental practice may not be issued, unless the Bureau first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section, and the comments of the federal Office of Surface Mining, that:

(1) The experimental practice meets all of the requirements of §C of this regulation;

(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 federal Office of Surface Mining, based on a finding that all of the requirements of § C of this regulation will be met; and

(4) The permit contains conditions which specifically:

(a) Limit the experimental practice authorized to that granted by the Bureau and the federal Office of Surface Mining;

(b) Impose enforceable alternative environmental protection requirements; and

(c) Require the permittee to conduct the periodic monitoring, recording, and reporting program set forth in the application, with such additional requirements as the Bureau or the federal Office of Surface Mining may require.

G. Experimental practices granting variances from the special environmental protection performance standards applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Soil Conservation Service.

H. Each experimental practice shall be reviewed by the Bureau at a frequency set forth in the approved permit, but not less frequently than every 2-1/2 years. After the annual review of any permit which authorizes the use of an experimental practice, the Bureau, with the consent of the federal Office of Surface Mining, 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.

I. Revisions or modifications to an experimental practice shall be processed in accordance with COMAR 26.20.07 and approved by the Bureau. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing, and public participation requirements of COMAR 26.20.04 and the concurrence of the federal Office of Surface Mining.

Md. Code Regs. 26.20.03.02

Regulations .02 were previously codified as COMAR 08.13.09.03 a Introduction and A_I, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.2.01.