Or. Admin. Code § 632-037-0118 - Best Available Practicable and Necessary Technology

(1) Chemical process mining including extraction, processing, and reclamation, must be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable, and necessary technology to ensure compliance with environmental standards.

(2) In determining the best available, practicable, and necessary technology for use in a mining operation, the technical review team shall apply in consultation with the applicant, the following process:

(a) The technical review team shall determine the necessary technologies if such technologies exist;

(b) The technical review team shall determine which, if any, of the necessary technologies is available;

(c) The technical review team shall determine which, if any, of the necessary and available technologies is practicable;

(d) The technical review team will review, determine, and rank the necessary, available and practicable technologies by their potential environmental benefits;

(e) The technical review team shall recommend to the Department, the technology that the technical review team has determined is the best available, necessary, and practicable technology to ensure compliance with environmental standards. The determination shall be made with reference to the policies expressed in ORS 517.953 and 517.956.

(3) The department will require the applicant to use the best available, practicable, and necessary technology to ensure compliance with the environmental standards. The determination must be made with reference to the policies expressed in ORS 517.953 and 517.956.

(4) If the technical review team or the Department is unable to identify a necessary technology that is available and practicable, the Department shall not issue an operating permit.

Notes

Or. Admin. Code § 632-037-0118

GMI 4-1991, f. & cert. ef. 12-5-91; DGMI 1-2014, f. & cert. ef. 4-2-14

Stat. Auth.: ORS 517.750 - 517.995

Stats. Implemented: ORS 517.956