10 CSR 40-4.070 - In Situ Processing

PURPOSE: This amendment incorporates by reference the federal regulations that sets forth the requirements for in situ processing pursuant to section 444.810, RSMo.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permanent program performance standards-in situ processing requirements set forth in 30 CFR Part 785.22 as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(A) The person who conducts in situ processing activities shall comply with 10 CSR 40-3.170-10 CSR 40-3.310 and this section.

(B) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by-

1. Avoiding discharge of fluids into holes or wells, other than as approved in the permit and plan;

2. Injecting process recovery fluids only into geologic zones or intervals approved as production zones in the permit and plan;

3. Avoiding annular injection between the wall of the drill hole and the casing; and

4. Preventing discharge of process fluid into surface waters.

(C) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit under 10 CSR 40-6.060(8) and follow after approval, a plan that ensures that all radioactive, acid- or toxic-forming gases, solids or liquids constituting a fire, health, safety or environmental hazard and caused by the mining and recovery process are promptly treated, confined or disposed of in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

(D) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid-

1. Horizontally beyond the affected area identified in the permit; and

2. Vertically into overlying and underlying aquifers.

(E) Each person who conducts in situ processing activities shall restore the quality of affected groundwater in the mine plan and adjacent area, including groundwater above and below the production zone, to the approximate premining levels or better in order to ensure that the potential for use of the groundwater is not diminished.

(2) Monitoring.

(A) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics in a manner approved in the permit and plan (under 10 CSR 40-3.200(11)) to measure changes in the quantity and quality of water in surface and ground water systems in the mine plan and in adjacent areas.

(B) Air and water quality monitoring shall be conducted in accordance with monitoring programs approved in the permit and plan as necessary according to appropriate federal and state air and water quality standards.

Notes

10 CSR 40-4.070

AUTHORITY: section 444.810, RSMo 1986.* Original rule filed May 12, 1980, effective 9/11/1980. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority 1979, amended 1983.