COALEX REPORT 76

	Coalex Report 76

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE INQUIRY REPORT - 76
December 5, 1986

Allan J. Hartlein
Chairman, Rules & Regulations Committee
Oklahoma Department of Mines
4040 N. Lincoln, Suite 107
Oklahoma City, Oklahoma 73105

TOPIC: EXPLORATION PERMIT TERMS

INQUIRY: What states, if any, limit the terms of "test burn" permits that allow the removal of
more than 250 tons of coal?

SEARCH RESULT: A COALEX search was conducted to determine which states limit the term of an
exploration permit. Three states were identified as having some type of time limit on the term of
an exploration permit.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   Alabama's regulations allow the regulatory authority to set the term of an exploration permit. If
the exploration will involve the removal of more than 250 tons of coal, the permit will be valid "for
a period determined by the Regulatory Authority". (Alabama Surface Mining Commission Rules
and Regulations 880-X-8C-.06(3) (1981))

   The Alaska regulations allow exploration permits to be issued for a term of two years. These
permits may be renewed. (11 Alaska Admin. Code 90.165(e) (1983)) Louisiana's regulations set
an exploration permit term of one year. (Louisiana Surface Mining Regulations 176.2(b) (1983))

   Mr. Gary Merritt, Director of the Office of Environmental Policy, Pennsylvania Department of
Environmental Resources, reported that in Pennsylvania, the term of the permit is set by the
operator. Thus, is an operator says in his permit application that he will be exploring for six
months, that will be the term of the permit.


ATTACHMENTS
A    Alabama Surface Mining Commission Rules and Regs., Sec. 880-X-8C-.06(3) (1981).
B    11 Alaska Admin. Code Sec. 90.165(e) (1983).
C    Louisiana Surface Mining Regs., Sec. 176.2(b) (1983).


Search conducted by: S. Michele Manning

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