30 CFR 710.12 - Special exemption for small operators.
(a) As used in this section -
(1) Permittee means a person holding a permit under State law and to whom the permit was originally issued.
(2) Renewed permit means any extension of the original area of duration of a permit.
(b) If a person is an eligible permittee under paragraph (c) of this section and intends to conduct surface coal mining operations on or after May 3, 1978, that permittee may receive from the Director a limited exemption from the performance standards of this chapter. The exemption shall not -
(2) Apply to surface coal mining operations to be conducted under a permit or renewed permit issued on or after August 3, 1977;
(3) Include any general or special performance standard with which a permittee is required to comply by a State;
(4) Relieve the permittee of the general obligations imposed by § 710.11(a) of this part regarding conditions or practices creating imminent danger or causing significant, imminent environmental harm; or
(5) Relieve the permittee of any obligations under State law, regulation or permit.
(c) A permittee is eligible for an exemption under this section -
(2) If that permittee -
(i) Was in existence on July 31, 1976, and during the year ending on July 31, 1977, the actual and attributed production of that permittee was 100,000 tons of coal or less from all surface and underground coal mining operations; or
(ii) Came into existence after July 31, 1976, and prior to May 2, 1977, and the actual and attributed production from all surface and underground coal mining operations of that permittee in the average calendar month was an amount of coal which when multiplied by 12 yields a product of 100,000 tons or less.
(iii) And, in the case of a business organization, has not undergone a substantial change in ownership since May 2, 1977, other than a substantial change due to the death of an owner.
(e) The request for exemption shall be in the form of an affidavit under oath and shall include -
(2) The name, location, Mining Enforcement and Safety Administration identification numbers, and permit numbers of the surface coal mining operations for which exemption is sought, including a statement of the dates each permit was issued or renewed and will expire.
(4) A listing of all surface and underground coal mining operations showing -
(i) Actual production for the year ending July 31, 1977, attributed to the permittee and the inclusive dates of operation.
(ii) Estimated production for the year ending December 31, 1978, attributed to the permittee and the anticipated dates of operation.
(6) A copy of a notice the permittee has published in a local newspaper of general circulation in the area of each mine for which an exemption is sought once a week for two weeks stating -
(ii) The name and address of the permittee;
(iii) The location of the surface coal mining operations to which the exemption will apply; and
(f) Production from the following operations shall be attributed to the permittee -
(3) All coal produced by persons who own more than 5 percent of the permittee or who directly or indirectly control the permittee by reason of stock ownership, direction of the management or in any other manner.
(1) The permittee has satisfied his burden of proof by demonstrating eligibility for the exemption; and
(2) The exemption will not be inconsistent with State law, regulation or permit terms.
(h) Any person aggrieved by the decision of the Director under this section may appeal within 20 days from receipt of that decision to The Office of Hearing and Appeals under 43 CFR part 4. The Office of Hearings and Appeals and the Secretary shall have the authority to stay the exemption pending the outcome of the appeal.
(i) The exemption shall be effective on the date approved. It shall remain in effect until expiration or renewal of the State permit to which it applies, December 31, 1978, or until revoked, whichever is earlier.