Section 9-1 - Content of Requests (a) All requests for a variance authorizing departures in individual cases from the environmental protection performance standards generally applicable to surface coal mining and reclamation operations shall describe: - (i) The nature of the departure from the standard;
- (ii) How the variance:
- (A) Is from a State standard that is more stringent than the corresponding Federal regulation and does not result in less stringent requirements than provided for by that Federal regulation; or
- (B) Encourages advances in mining and reclamation technology for experimental or research purposes. This experimental practice request shall include a demonstration:
- (I) That the proposed mining and reclamation operation is limited to determine the effectiveness and economic feasibility of the experimental practice;
- (II) That the experimental practice is potentially more or at least as environmentally protective, during and after the proposed mining and reclamation operations, as those required under Chapter 4, and that equivalent protection is afforded the public health and safety;
- (III) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved so that sufficient and reliable data are collected and reported for comparison with other practices and to assure protection of the environment and public health and safety; and
- (IV) The reclamation practices which will be implemented if the proposed operation is a failure.