30 CFR 773.14 - Eligibility for provisionally issued permits.
(a) This section applies to you if you are an applicant who owns or controls a surface coal mining and reclamation operation with -
(1) A notice of violation issued under § 843.12 of this chapter or the State regulatory program equivalent for which the abatement period has not yet expired; or
(2) A violation that is unabated or uncorrected beyond the abatement or correction period.
(b) We, the regulatory authority, will find you eligible for a provisionally issued permit under this section if you demonstrate that one or more of the following circumstances exists with respect to all violations listed in paragraph (a) of this section -
(1) For violations meeting the criteria of paragraph (a)(1) of this section, you certify that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and we have no evidence to the contrary.
(2) As applicable, you, your operator, and operations that you or your operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation.
(3) You are pursuing a good faith -
(i) Challenge to all pertinent ownership or control listings or findings under §§ 773.25 through 773.27 of this part; or
(ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.
(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.
(c) We will consider a provisionally issued permit to be improvidently issued, and we must immediately initiate procedures under §§ 773.22 and 773.23 of this part to suspend or rescind that permit, if -
(1) Violations included in paragraph (b)(1) of this section are not abated within the specified abatement period;
(2) You, your operator, or operations that you or your operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (b)(2) of this section;
(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or
(4) The initial judicial review decision referenced in paragraph (b)(3)(ii) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.
Title 30 published on 20-Dec-2017 04:15
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 773 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-24307 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Final rule; CRA Revocation. This rule is effective on November 17, 2017. The incorporation by reference of material listed in the rule was previously approved by the Director of the Federal Register. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 By operation of the Congressional Review Act, the Stream Protection Rule shall be treated as if it had never taken effect. The Office of Surface Mining Reclamation and Enforcement issues this document to effect the removal of any amendments, deletions or other modifications made by the nullified rule, and the reversion to the text of the regulations in effect immediately prior to the effective date of the Stream Protection Rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29958 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Final rule. This rule is effective January 19, 2017. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are revising our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This final rule will better protect water supplies, surface water and groundwater quality, streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We have revised our regulations to define “material damage to the hydrologic balance outside the permit area” and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. Approximately thirty percent of the final rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-27655 RIN Docket No. ID: OSM-2010-0021 S1D1S SS08011000 SX064A000 178S180110 S2D2S SS08011000 SX064A000 17XS501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice of availability; final environmental impact statement. The final EIS is available on November 16, 2016. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce the availability of the Final Environmental Impact Statement (FEIS) for the Stream Protection Rule developed pursuant to the National Environmental Policy Act (NEPA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-21412 RIN 1029-AC63 Docket No. ID: OSM-2010-0018 S2D2SS08011000SX064A00015X501520 OSM-2010-0021 OSM-2015-0002 S1D1 SS08011000SX064A000156S180110 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Notice of public hearings. We will be holding public hearings on the proposed rule and DEIS on September 1, 3, 10, 15, and 17, 2015 at the locations listed in the SUPPLEMENTARY INFORMATION section of this notice. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing the schedule for public hearings on the proposed Stream Protection Rule and the accompanying Draft Environmental Impact Statement (DEIS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-17308 RIN 1029-AC63 S1D1S SS08011000 SX064A000 156S180110 Docket No. ID: OSM-2010-0018 S2D2S SS08011000 SX064A000 15X501520 DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement Proposed rule. Electronic or written comments: We will accept electronic or written comments on the proposed rule, the draft environmental impact statement, and the draft regulatory impact analysis on or before September 25, 2015. 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are proposing to revise our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This proposed rule would better protect streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We propose to revise our regulations to clearly define “material damage to the hydrologic balance outside the permit area” and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. The proposed changes would apply to both surface mines and the surface effects of underground mines. The majority of the proposed revisions update our regulations to incorporate or reflect the best available science and experience gained over the last 30 years. Approximately thirty percent of the proposed rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.
- 30 CFR 875.20 — Contractor Eligibility.
- 30 CFR 874.16 — Contractor Eligibility.
- 30 CFR 773.15 — Written Findings for Permit Application Approval.
- 30 CFR 773.22 — Notice Requirements for Improvidently Issued Permits.
- 30 CFR 774.17 — Transfer, Assignment, or Sale of Permit Rights.
- 30 CFR 773.12 — Permit Eligibility Determination.