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By Gerald H. Luttrell, Seyed Hassan Amini, Aaron Noble

Single-unit separations in mineral processing are typically not able to meet the strict purity requirements for consumer markets. As a result, multistage separation circuits are often employed. Because these circuits represent a large and inflexible capital investment, process engineers are careful to ensure that the circuit is optimally designed to meet the desired objectives. The set of interdependent decisions that constitute the circuit design may involve the selection of different unit operations, different equipment specifications, different operational parameters, and different unit interconnections. To assist circuit designers in assessing these options, researchers have attempted to establish standard design methodologies that involve various techniques and tools.

By NARAYAN K. BHAGAT, ARVIND K. MISHRA, Aditya Rana, M. M. Singh

The paper presents an innovative directional controlled blasting (DCB) technique for excavating unstable slopes along the Konkan railway in India without disturbing the traffic. New empirical formulae for small geometry blasting to estimate burden and throw were developed. A unique sequence of firing and excavation with powder factor varying between 0.04 and 0.39 kg/m3, irrespective of the actual free face, was used for rock blasting. The process controlled the throw of blasted material over the track and resulted in a smooth and stable wall. The slope angle was changed from 80–82 to 45–47 degrees, and possible wedge, planar and toppling failures were eliminated. No incident of rockfall and slope failure along these slopes has been observed after the stabilization.

By Olivier Martin

In busy and historic cities, traditional open box metro stations are becoming outrageously difficult, unacceptable for the citizen and uneconomical. Hybrid stations provide an interesting alternative. In-house experience of Gautrain (South Africa), West bay (Qatar), Cairo line 3A (Egypt), and Melbourne (Australia) all aim to reduce disturbance to the city and its inhabitants during construction. Constructed in rock or in deep soil under water table, they take advantages of the latest construction techniques from cement grouting to freezing, and from traditional excavation of cavern to large tunnels constructed by sophisticated tunnel boring machines (TBM). Today, they form the ultimate construction challenge.

Jun 13, 2021

By Brendan Howard

Rio Tinto has a large globally distributed technical workforce and needs to ensure these employees have the requisite skills to not only manage technical risk and enable safe efficient production, but also ensure they are keeping pace with a fast-changing technological landscape. Traditional approaches to learning struggle for scale and an inability to respond to the extreme diversity of capability development needs. In response, Rio Tinto has successfully introduced innovative approaches to learning and employee engagement via leveraging the power of globally distributed networks for peer-to-peer knowledge transfer and providing mechanisms to recognise, reward and retain the individual technical contributors.

Feb 1, 2024

By R. J. Matetic

The impact of longwall mining on the local hydrological regime has become an important environmental focal point. Unfortunately, only a few studies have addressed the timing and range of well fluid level fluctuations and the associated ground movement. Furthermore, even fewer studies have determined the influence of longwall mining on water quality. The U.S. Bureau of Mines is providing insight into this environmental concern through a program of field case studies. One such study was conducted in Cambria County, PA where five observation water wells were drilled above two adjacent longwall panels. In this study, three wells were completed as nested piezometers and the remaining two served as producing wells. The piezometers were positioned along a line oriented subparallel to the longwall face and were located at the centerline of each panel and over the intervening chain pillars. The piezometers were designed to monitor fluid level fluctuations in both shallow and deep water-bearing zones. Slug tests were conducted before and after mining to characterize changes in hydraulic conductivity of the respective water-bearing zones. Pressure transducers and data loggers were installed to provide continuous fluid level fluctuation data as mining developed through the study area. The producing wells were drilled to provide water quality information. One well was located directly above the centerline of a panel and the other was positioned over the panel's set-up rooms. The wells were designed to simulate domestic use and were produced daily, for four hour intervals, throughout the study. Samples of the produced water were collected before and after mining progressed through the area. In addition, an array of monuments was installed near the study wells and was periodically surveyed to characterize mining-induced surface deformations. This study shows that: a) the observed changes in ground water chemistry did not affect the potability of the water; b) short-term major water level fluctuations occur at the approximate time of undermining; and c) water level recovery begins before the process of subsidence is complete.

Jan 1, 1986

By Jurgen Hahn

The paper reports on both, the design and decision making for the filters in a backfill plant in Europe as well as more then 10 years of operation and maintenance experience of the vacuum disc filters installed. It begins with the first step, the filter sizing based on a sample provided by the customer, followed by the commissioning of the filter units and reports on the development of the filter performance during the following 10 years of operation. Based on the physical properties of the sample and the process targets of the client for the backfill plant, the paper shows the logic steps taken in the laboratory to ensure the target moisture, determine the required filtration area and filter size as well as the selection of the ancillary units and the formulation of the performance guarantee. The paper discusses some issues with filter operation during the commissioning phase and the actions taken. Finally, the paper concludes by highlighting the gradual change over the more than 10 years of operation and how this change affected filter performance and operating costs.

Feb 1, 2024

By J. E. Powell

Introduction The disposal of mine tailings, development rock, and other unwanted refuse material underground in mines by using pneumatic conveying techniques has been undertaken in the coal industry for many years. Similar equipment has been utilized for backfilling hard rock mines and is currently being applied in a gold mine in South Africa where development rock is being stowed in the mined-out stopes to help reduce the incidence of rock outbursts. On a limited scale, pneumatic conveying has been applied for backfilling uranium mines and one particular mine in New Mexico, U.S.A., has used this technique for 8 years. Other uranium mines in this area are now considerinq the dry backfill technique to eliminate the problems associated with hydraulic fill. The need to backfill in uranium mines is primarily of importance to improve ventilation, stabilize the pillars and roof, and possibly to extract a larger percentage of the uranium ore. If this can be achieved by utilizing the tailings from the beneficiation plant and using rock from the development headings which in itself may be slightly radioactive, then a greater benefit can be derived. Backfill can be achieved with hydraulic fill methods by running slurry into the stopes and allowing the water to decant and return through the footwall development entries to sumps for pumping to the surface. However there are several disadvantages associated with this method in that water is percolating throough the mine workings; it is necessary to build bulk heads in flat lying deposits; it is difficult to fill right to the back; and the decanted water takes with it quantities of the finer sand particles which results in maintenance problems with the mine pumps. Pneumatic conveying can overcome these problems in that the voids can be completely filled with high degree of compaction, heavy bulk heads are not necessary, the development rock can be added to the pneumatic system for disposal underground so eliminating hoisting cost to the surface, and cement can be added to the wetted material. To

Jan 1, 1980

By Lukas Walder, Roland Arnold, Raphael Zuber, Richard Gradnik

This paper presents the construction of the ventilation shaft for the single-tube, doublelane Kramer tunnel. The project is located in the Federal State of Bavaria, Germany. This road tunnel, which has been under construction since December 2019, is the key component of the western bypass of the town of Garmisch-Partenkirchen. Once completed, it will relieve the town’s central district from enormous volumes of traffic. The contractor is the joint venture named ARGE Kramertunnel consisting of BeMo Tunnelling and Subterra. The whole project will be completed and handed over to the project owner, Staatliches Bauamt Weilheim, in 2023. The opening of the entire bypass section including the tunnel to traffic is planned for 2024. The tunnel, with a total length of 3,609 m (2.24 miles) and an estimated cost of EUR 178 million incl. VAT (US-Dollar 201 million), is designed as a single-tube, double-lane structure with one traffic lane for each direction of travel. The safety issue that exists for singletube tunnels is solved by a parallel escape tunnel passable for vehicles. For tunnel ventilation, an intermediate shaft has been designed with a depth of approximately 90 m (295 feet) and an inner diameter of 4.5 m (14.8 feet). All tunnels and ducts are excavated according to the principles of the New Austrian Tunnelling Method (NATM). The geological and hydrogeological conditions, the change in the profile (from round to square geometry), and also the shaft being located at a high elevation presented a demanding technical and logistical challenge. The site arrangement with the pit bank was located in a cut, the slopes of which had to be stabilized with shotcrete and soil nails. This excavation was carried out from the fall of 2020 to the beginning of 2021 because construction operations had to be completed outside the nesting period of protected birds.

Jun 13, 2023

By T. Resende, J. Sismour

"Signs in underground mines are subject to variable airflow, which carries dust and moisture. Dust buildup reduces their visibility, hampering production efficiency and safety. Underground workers commonly must stop to clean signs in order to gauge their location, or find critical supplies or services. There are currently a variety of coating products, including dust and water repellants, available on the market that have the potential to reduce dust accumulation on sign surfaces. This paper describes a preliminary study to determine their effectiveness. The study involved a practical testing protocol using a trickle rock duster and samples cut from a clean, used road sign. Product effectiveness, under both dry and wet conditions, was evaluated based on photographic evidence by comparing changes in sign luminosity after a period of rock dust application. By analyzing the frequency of different pixel luminosities on the dust-covered samples, both uniformity of dust coverage and the total amount of accumulation was assessed. Results indicate that at least one product may reduce the amount of dust buildup on sign surfaces and increase visibility. INTRODUCTION In all underground mines, visibility of signage is critical. Signs inform miners of their location, direction toward escape routes, and location of supplies. Over time, sign surfaces can collect dust and can eventually become unreadable. The rate of dust accumulation on surfaces is often particularly high in coal mines, where both mining (e.g., cutting and drilling) and rock dusting activities can contribute significant amounts of dust to the airways. Several factors may contribute to dust buildup on sign surfaces. First, basic principles of fluid and particle flow are at play. When a fluid travels past a stationary surface, the velocity of the fluid at the surface boundary is zero. If a very small dust particle moving with air collides with a surface, it does not immediately fall off since the air velocity is zero at the sign surface. (This is the same reason that dust can collect on a rotating ceiling fan.) Further, once the collision occurs, other mechanisms may help keep the particle there – including friction that resists particle falling due to gravity, and adhesive forces due to humidity and/or static charges the particle and others already on the surface. Currently, the most common way to deal with reduced sign visibility due to dust buildup is for mine personnel (e.g., a compliance foreman, supply worker) to periodically clean sign surfaces – usually just by wiping them with a cloth. As a regular activity, this solution is inefficient; in cases of emergencies, it can also pose unnecessary risks. Application of an off-the-shelf coating to sign surfaces may represent a simple yet effective way to reduce the rate of dust accumulation. There are currently a variety of products on the market that may be suitable for this purpose, including dust and water repellants."

Jan 1, 2017

By D. Carlson

At the Freeport Indonesia Grasberg Mine in Irian Jaya, Indonesia, a system of underground drainholes and surface drain wells have been designed and are currently under construction. The underground drainholes are located at elevations of approximately 9,600 feet and the surface drainwells located at elevations ranging between 12,500 and 13,000 feet. Together they will be used to drain the ground water contained within relatively incompetent rock. This drain system will allow for the successful dry mining of the open pit, and provide slope stability of the pit wall. The surface drain well network, when completed will allow for the draining of ground water to the Amole Drift where the underground drainholes are constructed.

Jan 1, 1998

By Brian Mangogna, Clay McNail, Weishi Mang, Adam Steimel

Together with innovatively applying modern flotation reagents and developing the breakthrough mill enterprise expert control and operating system, Doe Run Buick Mill constructed an advanced large copper rougher scavenger to process its complex Pb\Zn\Cu ore more efficiently. The scavenger circuit, featuring its own motor control center, air blower, multiple reagent loops and FrothSense+™ camera, operates both mechanically and chemically to maximize copper recovery and under expert control. Such scavenger features can be applied to zinc rougher circuits for all Doe Run mills to maximize Cu recovery during Cu special runs when the zinc rougher becomes a copper rougher scavenger.

Feb 1, 2025

A comparison of gold, platinum and sulfide ion selective electrodes was made in this investigation for determination of Eh in solutions containing sulfide ions as a model system. The comparison was made in terms of the accuracy of the measured response, response time, pH dependence, and reproducibility of measurement. In addition, the sensitivity of each electrode towards changes in sulfide ion concentration was measured in terms of the change in measured Eh per decade change in concentration of sulfide ions. On the basis of a detailed investigation of the electrode processes occurring at the surface of gold and platinum electrodes, it was postulated that within the pH range investigated these electrodes respond to changes in the hydrosulfide ion, HS-, concentration in solution. In comparison, the sulfide ion selective electrode is known to respond to changes in the sulfide ion, S-, activity in solution. Although the potentials measured with gold and platinum electrodes were mixed potentials, pretreatment procedures can be used to obtain a signal suitable for process control. For control of sulfide ions in flotation pulps, the use of a gold electrode pretreated at 1.0 V with respect to a standard hydrogen electrode is recommended.

Jan 1, 1990

By J. M. Ekenes, C. A. Caro

"New approaches that increase hydrometallurgical recovery from refractory minerals in below mill cutoff -grade sulfide copper ore can add significant value, improve profitability and increase ore reserves. This paper describes the development and implementation of an engineered heap (EH) approach to leaching low-grade, chalcopyritebearing ore at Freeport-McMoRan’s mine in Morenci, AZ. The technical evolution of the engineered heap concept is described together with the challenges and benefits following implementation. Introduction The Morenci ore deposit, located in eastern Arizona, has been mined for copper for 140 years. Mineralization in the Morenci district consists of sulfides and oxides. To process these ores, Morenci operates concentrator and leaching circuits. Leaching accounts for two-thirds of the copper produced in Morenci. More than one-half of this leaching-derived copper production comes from run-of-mine (ROM) stockpiles. The largest category of material moved in Morenci is destined for ROM stockpiles and waste dumps. Materials that are not economic to mill or leach are designated “waste.” However, this designation can change based on improvements in extraction technology and commodity prices. Chalcopyrite does not leach well due to its refractory nature. For predominant chalcopyrite mineralized ore, copper recovery during a typical leaching cycle may be as low as 5%. For this reason, chalcopyritedominant ores below mill cutoff grade have historically been classified as waste. By incorporating advanced leaching technology to improve metal recovery from previously leach-resistant ore types such as chalcopyrite, the Morenci Mine has been able to reclassify substantial amounts of this “waste” to “ore.” Process chemistry Chalcopyrite copper extraction is temperature, oxygen and ferric dependent. The temperature is achieved primarily by pyrite oxidation (Eq. (1)) and secondarily by oxidation of chalcopyrite itself (Eq. (2)). The regeneration of ferric in solution can be enhanced by providing the appropriate acid and oxygen levels according to Eq. (3). In the absence of microorganisms, this reaction is very slow."

Jan 1, 2015

By R. L. Miller

"Miners worldwide use a tremendous amount of energy in producing finished minerals for the end user market. In accomplishing this goal, they incur energy costs that can range from 20% to 30% of the total cost of production, so there is fertile ground for cost savings. To unlock this huge value in cost reduction, energy analysis is the key and is broken into several segments: 1. Fuel analysis for power generation 2. Energy supply & demand 3. Opportunity cost for lack of power 4. Backup power 5. Power contracts 6. Energy efficiency 7. Renewable energy 8. Continuous energy management FUEL ANALYSIS FOR POWER GENERATION What is the first thing we evaluate when looking at power supply alternatives for the mining industry’s large power requirements? Is it 1) site, 2) engineering, procurement, and construction companies, 3) independent power producers, 4) turbine vendors, 5) grid connections, or 6) fuel supply, logistics, and infrastructure? In evaluations of power supply alternatives for mining companies with special emphasis in developing countries, there is one over-riding conclusion: reliable fuel supply drives the energy generation economic engine. Evaluating several different fuels including liquefied natural gas (LNG), natural gas, diesel, heavy fuel oil, and liquefied petroleum gases (LPG) among others, the best project outcomes are those where fuel supply, pricing, logistics, and infrastructure are given an extensive amount of time during the analysis stage. In an assessment of the twenty-year costs of generating power from multiple fuels, each fuel’s costs were placed into three separate net present value (NPV) buckets of: 1) capital, 2) operating and maintenance, and 3) fuel. Within a range of 65% to 85% for all fuels, fuel cost was the largest component of the NPV of the life cycle power generation costs. So if 65% to 85% of your life cycle power generation cost is one item, shouldn’t miners spend a corresponding amount of time in the analysis stage fully understanding this key determinant for a successful power project? In developing countries where power generation infrastructure may not exist or does not exist at the same level as is found in North America and Europe, fuel analysis becomes even more important. One of the key questions for fuel importation in developing countries is the draft at existing ports to allow larger vessels to dock at the jetty. Can larger ocean-going tankers dock at the port for off-loading, or is the port’s draft too shallow, thus forcing a Single Point Mooring (SPM) system or Conventional Buoy Mooring (CBM) system to be constructed at substantial capital expense? Once fuel can be imported, sufficient onshore storage capacity should exist, or must be built to off-load the entire fuel cargo from the larger ships. Additionally, the throughput capacity of the pipeline from SPM/CBM must allow a rapid unloading of the fuel from ship to shore to eliminate steep demurrage costs for the project."

Jan 1, 2017

By Steve Hicks, Zach Agioutantis, Greg Hasenfus, Zach Wedding

Most prediction methods used to calculate mining-induced subsidence rely on empirical formulations, which typically assume flat topography and uniform properties in the overburden. It is also well known that when a longwall panel mines below a valley bottom surface ground deformation magnitudes and orientations may be significantly influenced by the presence of the valley. This paper discusses ground deformation data collected at different surface locations above the Buchanan mine in the eastern United States. Measurements at individual surface points and strata movement measurements using a three-point extensometer have been collected as the area was undermined. Measurements correspond to the mining of the panel immediately under the measurement points and to the mining of adjacent panels. Measurement locations correspond to valley bottom locations. The measurements are critically evaluated and compared with respect to topography and panel face location. The issue of the fluctuation of GPS measurements is also discussed.

Jun 25, 2024

By William Gleason

"Despite the difficult economic climate for the mining industry, more than 6,300 people joined SME for its 2016 Annual Conference & Expo in Phoenix, AZ, Feb. 21-24.Nearly every commodity has been bruised and battered during the past year, leading to one of the more difficult cycles for the industry in the past decade. Coal has taken some of the hardest hits and other commodities, such as copper and iron ore, have felt the sting of a slower growth in China and an oversupply on the market.The difficult conditions could not be ignored, but they did not deter SME from offering a forum for the industry to share knowledge, network with peers and learn about the best products and practices while visiting the sold-out exhibit hall (844 booths and 627 vendors) or while attending any of the 121 technical sessions that were offered.The current state of the industry was one of the overriding themes of the conference and during the challenging times there are often cutbacks as operations look to become leaner and more efficient, however, there is one area that cannot be cut – health and safety.The conference kicked off with a fascinating presentation from Colonel Mike Mullane, a former NASA astronaut who, in 1978, was selected as a Mission Specialist Astronaut in the first group of space shuttle astronauts. He completed three space missions and logged 356 hours in space aboard the shuttles Discovery and Atlantis before retiring from NASA and the U.S. Air Force in 1990.In his speech to a packed audience, he warned of the dangers of cutting corners to get the job done more quickly by guarding against the “normalization of deviance.”Normalization of deviance is a long-term phenomenon in which individuals or teams repeatedly accept a lower standard of performance until that lower standard becomes the norm. Usually, the acceptance of the lower standard occurs because the individual or team is under pressure (budget, schedule, etc.) and perceives it will be too difficult to adhere to the original higher standard. Their intention may be to revert back to the higher standard when this period of pressure passes. However, by getting away with the deviation from the higher standard, it is likely they will do the same thing when the same stressful circumstances arise again. Over time, the individual/team fails to see their actions as deviant."

Apr 1, 2016

By Robert Bissonette, Samir Sbai

A critical component of implementing autonomous systems is the ability to use information from a robust sensory and information system to make sound, predictable, and repeatable decisions to assure safety. This means that any such system would need to evaluate what objects (people, equipment, boulders, etc.) of interest exist in that environment (with relevant data about identity, trajectory, characteristics, etc.), project a future continuum of those objects (including considerations for variabilities), and make control intervention choices to minimize risk due to exposures in the present operational area. The components of an overall system would include: a) sensor and data fusion, b) probability projection of future states, c) generation and evaluation of alternate futures, and d) implementation of best course of action to reduce risk. The National Institute for Occupational Safety and Health (NIOSH) Spokane Mining Research Division (SMRD) is studying this framework for applications for autonomous mining equipment. This paper focuses on using information from the sensor fusion engine to generate a continuous projection of future and alternate states (b and c above) incorporating the factors of confidence, accuracy, tolerance, and other variabilities. We refer to this as Machine Situational Awareness (MSA).

Jun 25, 2023

By T. A. Laser

"INTRODUCTION A positive workplace environmental, health, and safety (EHS) culture affords organizations and corporations many benefits, including increased trust and employee morale, sustainable EHS performance improvements, and reliable productivity and profit margin growth. Unfortunately, many leaders and EHS professionals struggle daily to achieve and maintain positive workplace cultures and consistent business results. While lack of management support, corporate or employee buy-in, resources, and time are common factors that conflict with an EHS culture and safe work behaviors and processes, there are many other actions that threaten the positive attributes of an organization’s culture. Often these culture killers are not recognized, or worse yet, ignored because they are considered taboo. For example, voicing observations or questioning long-held management practices or process that were initially designed to promote EHS values, but no longer do so. Unfortunately, this could be viewed as challenging authority, not being a team player or even not valuing EHS. And for those that speak up, the potential for negative consequences can be real impediments to positive change. Having an open mind, constantly striving to identify culture killers, and putting forth the effort to eliminate them are the first steps to begin reaping the benefits of having a sound workplace culture. This paper helps readers to: • Recognize culture killers that negatively impact fostering and maintaining sustainable EHS cultures in the workplace. • Understand how to prevent, avoid, and respond to culture killers, before they wreak havoc in your organization. • Assess EHS culture strength, and implement plans to continuously improve it. The desire to draw boundaries around concepts, put things into boxes, and nail down requirements for something that is virtually impossible to solidify for any length of time is quite fascinating! These desires can pose challenges when trying to define what the perfect EHS culture should look like. The very act of trying to define our culture tends to create silos, and these silos, in turn, can become “culture killers”. The following is one of the most common culture killers. UNBALANCED ORGANIZATIONS TRIGGER CULTURE KILLERS Unbalanced organizations occur when an organization’s constantly shifting focus forces other important needs to take a back seat--until the focus changes again. This balancing act can be detrimental and lead to catastrophic results including low morale, lack of trust, employee dissatisfaction, high turnover, increased incidents, poor profit margins, loss of market share, and ultimately into organization-wide failure."

Jan 1, 2018

By M. Schreiner, J. Brune, D. Theisen, C. S. -J. Tsai

This study reports that routine mining activities could produce a high number of nanometer sized particles which have not been well characterized and may represent an unacknowledged exposure present in the mining environment. A preliminary survey of the particle emission from the feed-leg drilling activity was conducted in the excavations of an experimental mine. The level of particulate exposure was monitored by real time direct reading instruments include a NanoScan scanning mobility particle sizer (measurement range 10-420 nm) and an optical particle sizer (measurement range 0.3-10 μm). Particulate morphological and structural examination was conducted through transmission and scanning electron microscopy and x-ray dispersive analysis of samples collected by a thermophoretic sampler, and a novel nanoparticle sampler. The real time instrument data revealed high concentrations (> 3.5 x 106 particles/cm3) of ultrafine/nanoparticles generated from the drilling activity. Analysis of particle sampler specimens with energy-dispersive x-ray spectroscopy showed a large amount of submicron silica, spherical primary particles and agglomerated soot particles rich in carbon. Exposure to particles in the nanometer size from various sources within the mining environment may be associated with the poorly understood rise in respiratory and systemic disease among miners. INTRODUCTION Exposures to mine dust have been measured and evaluated for decades. Exposures to aerosolized dust such as coal or silica particles can cause lung and other diseases (1-7). One way that The Mine Safety and Health Administration (MSHA) characterizes inhalation exposures within the mining environment is through measuring the respirable dust mass concentration within the breathing zone of workers (8). Respirable particulate matter (RPM) is of great concern due to its ability to deposit in the alveolar region of the lungs (9-10) where it can affect respiratory function. Interventions championed by MSHA have greatly reduced the prevalence of coal workers pneumoconiosis (CWP) and progressive massive fibrosis (PMF). Although great progress has been made, the prevalence of CWP and PMF appears to be trending upwards and the measured increase in prevalence is not elucidated in RPM measurements (11-12). Though the presence and risk associated with ultrafine particles such as emission from diesel engine within the mining environment has been previously established (13-14). There is suspicion within the mining industry that this resurgence of lung disease may be due to very fine particulate matter from various source that is not properly characterized by current sampling methods. Nanometer sized particles, in the range of ultrafine particles, fall within the RPM size range and have been found to deposit in all regions of the respiratory tract (15). Nanoparticles are commonly accepted as particles that are greater than 1 nm in two or three dimensions but smaller than 100 nm (16). Once in the lungs, nanoparticles can enter the blood stream (17) and selectively affect other target organs such as the heart, liver, bone marrow, lymph nodes, spleen, and brain (15,18-19). The size of nanoparticles has been shown to correlate with their translocation behavior on secondary target organs (20-21). There is strong evidence that the clearance mechanisms used to rid the lungs of particulate matter are not as effective on nanometer sized particles, leading to a greater fraction of never-cleared particles which may enhance disease development (20). Research has demonstrated that nanometer sized particles have unique properties (22) whose adverse health impact is greater than what has been found with micrometer sized particles of the same type (23-26). The large ratio of surface area to mass compared to larger particles is believed to make nanoparticles a greater hazard. Utilizing mass to measure these types of exposure will be very difficult to accurately characterize the quantity of

Jan 1, 2019

By G. C. Van Bever, J. J. Zaluski

Introduction The Surface Mining Control and Reclamation Act (Public Law 9587) (hereinafter the "Act" or "SMCRA") passed by Congress in August 1977 represents a comprehensive federal scheme for controlling surface coal mining and the surface effects of underground mining through permitting requirements, performance guidelines and reclamation planning. While the provisions of the Act have been the subject of numerous legal challenges and court battles over the years, it is difficult to identify a more controversial program within the Act than the provisions for designating lands as unsuitable for surface coal mining operations. The lands unsuitable designation process provides for the acceptance and review of petitions submitted by citizens or organizations seeking to have specified land areas designated unsuitable for all or certain types of surface coal mining activities. In filing these petitions, the interested parties or petitioners are required to make allegations about potential adverse impacts on people or the environment and submit evidence supporting their allegations. In 30 U.S.C. § 1272, Congress provided that "[a]ny person having an interest which is or may be adversely affected shall have the right to petition ... to have an area designated as unsuitable for surface coal mining operations." Under the Act, an area can be designated as unsuitable where the mining operation will (1) be incompatible with existing state or local land use plans, (2) affect fragile or historic lands, (3) affect renewable resource lands where mining operations could result in substantial loss or reduction of long-range productivity, or (4) affect natural hazard lands where such operations could substantially endanger life and property. In enacting SMCRA, Congress mandated that each state establish a process to determine which, if any, lands within the state are unsuitable for all or certain types of surface mining operations. In response to this federal legislation, the Kentucky General Assembly adopted a state regulatory program for surface mining that included provisions direct¬ing the Secretary of the Natural Resources and Environmental Protection Cabinet to establish a program for designating lands as unsuitable for surface mining as required by the Act. In recent litigation in Kentucky, several environmental groups filed a lands unsuitable petition, later joined by the University of Kentucky, challenging a proposal by Arch Mineral Corporation to surface mine over 3 million tons of recoverable coal. The petition sought to designate over 10,000 acres of land adjacent to Arch's proposed operations as unsuitable for surface mining operations, basically alleging that the mining would disturb an outdoor laboratory. The filing of the petition activated Kentucky's regulatory scheme for reviewing lands unsuitable petitions that can result in an absolute prohibition against surface mining on the petitioned land for historical, environmental and other related reasons. The designation process involves vague petition requirements creating a situation that Arch argued is devoid of constitutional due process and subject to abuse by the petitioner on many fronts. Arch maintained that the lands unsuitable regulations do not grant adequate protection to Arch's legitimate property rights under the due process clauses of the United States and Kentucky Constitutions and are thus void and unenforceable. The entire process resulting in a decision on the petition took just under 12 months in the Arch case, and although Arch was ultimately successful in preserving its right to mine, Arch's surface mining permit was held up for this period of time. This delay led to the cessation of mining operations by Arch and the idling of over 250 workers. This paper will review the lands unsuitable designation process and the significant implications the process has for existing surface mining operations, currently proposed operations and even those long-range operations not yet contemplated. Special emphasis will be given to Kentucky's lands unsuitable program. Finally, the recent litigation involving Arch Mineral Corporation and its effort to surface mine 81.5 acres of Arch controlled property will be utilized to illustrate this very unusual regulatory scheme. Regulatory background Chapter 30, Subchapter F of the Code of Federal Regulations (C.F.R.) promulgated to implement the provisions of SMCRA, requires that each state establish procedures under the state's surface mining program for designating non-federal and non-Indian state lands as unsuitable for all or certain types of surface coal mining operations. 30 C.F.R. § 764.1. The C.F.R. establishes minimum standards for state lands unsuitable programs and sets out requirements for filing a Lands Unsuitable Petition (hereinafter "LUP"), processing LUPs, decision-making guidelines and hearing requirements. Kentucky has adopted regulations providing for the implementation of the lands unsuitable process as part of the state's regulatory program under SMCRA. The following discussion summarizes the principle components of the Kentucky lands unsuitable program.

Jan 1, 1993