§ 784.26 - Air pollution control plan.

§ 784.26 What information must I provide if I plan to return coal processing waste to abandoned underground mine workings?

(a) As provided in §§ 816.81(h) and 817.81(h) of this chapter, you may return coal processing waste from either surface-mined coal or underground-mined coal to abandoned underground mine workings for disposal only if the regulatory authority and the Mine Safety and Health Administration first approve the disposal plan.

(b) Each plan for the return of coal processing waste to abandoned underground mine workings must describe the -

(1) Source and quality of coal processing waste to be stowed in the abandoned underground workings.

(2) All chemicals used to process the coal, the quantity of those chemicals remaining in the coal processing waste, and the likely impact of those chemicals on groundwater and any persons, aquatic life, or wildlife using that groundwater.

(3) Area of the abandoned underground workings in which the waste is to be placed.

(4) Percent of the abandoned underground mine void to be filled.

(5) Method of constructing underground retaining walls.

(6) Influence of the backstowing operation on active underground mine operations.

(7) Surface area to be supported by the backstowed waste.

(8) Anticipated occurrence of surface effects following backstowing.

(9) Source and operation of the hydraulic transport mediums.

(10) Method of dewatering the coal processing waste after placement.

(11) Extent to which water will be retained underground.

(12) Method of treatment of water if released to surface streams.

(13) Plans for monitoring for chemicals contained in the coal processing waste.

(14) Effect on the hydrologic regime and biological communities.

(15) Measures to be taken to comply with the requirements of § 816.41 or § 817.41 of this chapter for discharges to underground mines.

(c) The plan submitted under paragraph (b) of this section must include a monitoring plan that complies with § 784.23 of this part, as applicable. It must describe the objective of each permanent monitoring well to be located in the area in which coal processing waste is placed, the stratum underlying the mined coal, and the gradient from the area in which the waste is placed.

(d) Paragraphs (a) through (c) of this section also apply to pneumatic backstowing operations, except that the regulatory authority may exempt a proposed pneumatic backstowing operation from compliance with the monitoring requirements of paragraph (c) of this section after finding in writing that you have demonstrated that the proposed operation will not adversely impact surface water, groundwater, or water supplies.

Air pollution control plan.

For all surface operations associated with underground mining activities, the application shall contain an air pollution control plan which includes the following:

(a) An air quality monitoring program, if required by the regulatory authority, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices, under paragraph (b) of this section to comply with applicable Federal and State air quality standards; and

(b) A plan for fugitive dust control practices, as required under 30 CFR 817.95.

[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]