Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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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 RESULTS: 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.

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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

1. Alabama Surface Mining Commission Rules and Regs., Sec. 880-X-8C-.06(3) (1981).
2. 11 Alaska Admin. Code Sec. 90.165(e) (1983).
3. Louisiana Surface Mining Regs., Sec. 176.2(b) (1983).

Research conducted by: S. Michele Manning

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