Current through Reg. 50, No. 13; March 28, 2025
(a) No application for a permit or revision
which proposes to use an existing structure in connection with or to facilitate
the proposed surface coal mining and reclamation operation shall be approved,
unless the applicant demonstrates and the Commission finds, in writing, on the
basis of information set forth in the complete application that:
(1) if the applicant proposes to use an
existing structure in accordance with exemption provided in §
12.9(c)(1)(A) of
this title (relating to Applicability):
(A)
the structure meets the performance standards of the Act and Subchapter K of
this chapter (relating to Permanent Program Performance Standards);
and
(B) no significant harm to the
environment or public health or safety will result from use of the
structure;
(2) if the
applicant proposes to use an existing structure in accordance with the
exemption provided in §
12.9(c)(1)(B) of
this title (relating to Applicability):
(A)
the structure meets the performance standards of the Act and the initial
regulatory program;
(B) no
significant harm to the environment or public health or safety will result from
use of the structure; and
(C) the
performance standards of the initial regulatory program are at least as
stringent as the performance standards of Subchapter K of this chapter
(relating to Permanent Program Performance Standards); and
(3) if the Commission finds that the
structure meets the criteria of §
12.9(c)(1)(B) of
this title (relating to Applicability), the Commission shall require the
applicant to submit a compliance plan for modification or reconstruction of the
structure and shall find prior to the issuance of the permit that:
(A) the modification or reconstruction of the
structure will bring the structure into compliance with the design and
performance standards of Subchapter K of this chapter (relating to Permanent
Program Performance Standards) as soon as possible, but not later than six
months after issuance of the permit;
(B) the risk of harm to the environment or to
public health or safety is not significant during the period of modification or
reconstruction; and
(C) the
applicant will monitor the structure to determine compliance with the
performance standards of Subchapter K of this chapter (relating to Permanent
Program Performance Standards).
(b) Should the Commission find that the
existing structure cannot be reconstructed without causing significant harm to
the environment or public health or safety, the applicant will be required to
abandon the existing structure. The structure shall not be used for or to
facilitate surface coal mining operations after the effective date of issuance
of the permanent regulatory program permit. Abandonment of the structure shall
proceed on a schedule approved by the Commission, in compliance with
§§
12.398 or
12.567 of this title (relating to
Cessation of Operations: Permanent).
