Part 905, California
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Subchapter T Part 905, California |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 905 -- CALIFORNIA
Sec.
905.700 California Federal Program
905.701 General
905.702 Exemption for coal extraction incidental to the extraction of other minerals
905.707 Exemption for coal extraction incident to government-financed highway or other construction
905.761 Areas designated unsuitable for surface coal mining by act of Congress
905.762 Criteria for designating areas as unsuitable for surface coal mining operations
905.764 Process for designating areas unsuitable for surface coal mining operations
905.772 Requirements for coal exploration
905.773 Requirements for permits and permit processing
905.774 Revision; renewal; and transfer, assignment, or sale of permit rights
905.775 Administrative and judicial review of decisions
905.777 General content requirements for permit applications
905.778 Permit applications Minimum requirements for legal, financial, compliance, and related
information
905.779 Surface mining permit applications Minimum requirements for information on environmental
resources
905.780 Surface mining permit applications Minimum requirements for reclamation and operation plan
905.783 Underground mining permit applications Minimum requirements for information on
environmental resources
905.784 Underground mining permit applications Minimum requirements for reclamation and operation
plan
905.785 Requirements for permits for special categories of mining
905.795 Small operator assistance program
905.800 Bond and insurance requirements for surface coal mining and reclamation operations under
regulatory programs
905.815 Performance standards Coal exploration
905.816 Performance standards Surface mining activities
905.817 Performance standards Underground mining activities
905.819 Special performance standards Auger mining
905.822 Special performance standards Operations in alluvial valley floors
905.823 Special performance standards Operations on prime farmland
905.824 Special performance standards Mountaintop removal
905.827 Special performance standards Coal preparation plants not located within the permit area of a
mine
905.828 Special performance standards In situ processing
905.842 Federal inspections
905.843 Federal enforcement
905.845 Civil penalties
905.846 Individual civil penalties
905.955 Certification of blasters.
AUTHORITY: 30 U.S.C. 1201 et seq., as amended
SOURCE: 53 FR 26575, July 13, 1988, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 905.700 California Federal Program.
(a) This part contains all rules that are applicable to surface coal mining operations in California which have been
adopted under the Surface Mining Control and Reclamation Act of 1977.
(b) Certain of the rules in this part cross-reference pertinent parts of the permanent program regulations in this
Chapter. The full text of a cross-referenced rule is in the permanent program rule cited under the relevant section of
the California Federal program.
( c) This part applies to all coal exploration and surface coal mining and reclamation operations in California
conducted on non-Federal and non-Indian lands. To the extent required by 30 CFR part 740, this part also applies to
operations on Federal lands in California.
(d) The information collection requirements contained in this part have already been approved by the Office of
Management and Budget under 44 U.S.C. 3507 in its approval of the information collection requirements contained
in the permanent regulatory program.
(e) The following provisions of California law generally provide for more stringent land use and environmental
control and regulation of some aspects of surface coal mining operations than do the provisions of the Surface
Mining Control and Reclamation Act of 1977, and the regulations in this chapter. Therefore, pursuant to section
505(b) of SMCRA, these provisions shall not generally be considered to be inconsistent with SMCRA unless, in a
particular instance, the Federal program regulations establish more stringent environmental or land use controls:
(1) The California Environmental Quality Act, Cal. Pub. Res. Code section 21000 et seq. (West 1986).
(2) The Porter-Cologne Water Quality Control Act, Cal. Water Code section 13000 et seq. (West 1971).
(3) California Hazardous Waste Control Law, Cal. Health & Safety Code section 25100 et seq. (West 1984).
(4) The State Underground Storage of Hazardous Substances Law, Cal. Health & Safety Code section 25280 et
seq. (West 1984).
(5) California Coastal Act of 1976, Cal. Pub. Res. Code Section 30000 et seq. (West 1986).
(6) The Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section 4511 et seq. (West 1984).
(7) Cal. Pub. Res. Code section 4656 (West 1984), requiring a permit for mining in State forests.
(f) The following are the California laws that generally interfere with the achievement of the purposes and
requirements of SMCRA and are, in accordance with section 504(g) of SMCRA, preempted and superseded. Other
California laws may in an individual situation interfere with the purposes and achievements of SMCRA and may be
preempted and superseded with respect to the performance standards of Sec. 905.815 through 905.828 as they affect
a particular coal exploration or surface mining operation by publication of a notice to that effect in the FEDERAL
REGISTER.
(1) The California Surface Mining and Reclamation Act of 1975, Cal. Pub. Res. Code section 2710 et seq. (West
1984), as it relates to coal mining, except to the extent that it regulates other activities that are not regulated by
SMCRA.
(2 ) Cal. Labor Code section 7990 et seq. (West Supp. 1988) (licensing of blasters), except as it applies to other
activities that are not regulated by SMCRA.
(3) California Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 et
seq. (West 1983), except to the extent that it regulates other activities that are not regulated by SMCRA.
30 CFR Sec. 905.701 General.
(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to coal
exploration and surface coal mining and reclamation operations in California.
(b) Beginning on the effective date of this program, each surface coal mining and reclamation operation in
California shall comply with Subchapter B of this chapter until issuance of a permanent program permit under the
provisions of Subchapter C of this chapter.
( c) Records required by Sec. 700.14 of this chapter to be made available locally to the public shall be made
available in the OSMRE Albuquerque Field Office.
30 CFR Sec. 905.702 Exemption for coal extraction incidental to the extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, shall apply
to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial
use or sale.
[54 FR 52123, Dec. 20, 1989]
30 CFR Sec. 905.707 Exemption for coal extraction incident to government-financed highway or other
construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other
Construction, shall apply to surface coal mining and reclamation operations.
30 CFR Sec. 905.761 Areas designated unsuitable for surface coal mining by act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall apply to surface coal mining operations.
30 CFR Sec. 905.762 Criteria for designating areas as unsuitable for surface coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, shall
apply to surface coal mining operations.
30 CFR Sec. 905.764 Process for designating areas unsuitable for surface coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,
pertaining to petitions, initial processing, hearing requirements, decisions, data base and inventory systems, public
information, and regulatory responsibilities shall apply to surface coal mining operations beginning one year after the
effective date of this program.
30 CFR Sec. 905.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts coal
exploration. For applications where Sec. 772.12 applies, the requirements of paragraphs (b) through (d) apply in
place of Sec. 772.12( c) (1) and (3) and Sec. 772.12(d)(1).
(b) Upon submission of an administratively complete application for an exploration permit, the applicant shall
publish one public notice of the filing in a newspaper of general circulation in the county of the proposed exploration
area, and provide proof of this publication to the regulatory authority within one week after the newspaper notice is
published.
( c) Any person having an interest which is or may be adversely affected, shall have the right to file written
comments for 10 days after the advertisement appears in the newspaper.
(d) The regulatory authority shall act upon an administratively complete application for a coal exploration permit
and any written comments within 15 days from the close of the comment period. The approval of a coal exploration
permit shall be based only on a complete and accurate application.
30 CFR Sec. 905.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit Processing, shall apply to any person who
applies for a permit for surface coal mining and reclamation operations.
(b) The Secretary shall coordinate, to the extent practicable, his responsibilities under the following Federal laws
with the relevant California State laws to avoid duplication:
______________________________________________________________________________
Federal law State law
(1) Clean Water Act, as amended, The Porter-Cologne Water Quality Control Act,
33 U.S.C. 1251 et seq Cal. Pub. Res. Code section 13000 et seq. (West 1971).
(2) Clean Air Act, as amended, California Air Pollution Control Laws,
42 U.S.C. 7401 et seq Cal. Health & Safety Code section 39000 et seq. (West 1986).
(3) Resource Conservation and Hazardous Waste Control Law,
Recovery Act, 42 U.S.C. 3251 et seq Cal. Health & Safety Code section 25100 et seq. (West 1984);
Solid Waste Mgmt. and Resource Recovery Act of 1972,
Cal. Gov. Code section 66770 et seq. (West 1983).
(4) National Environmental Policy Act, California Environmental Quality Act (CEQA),
42 U.S.C. 4321 et seq Cal. Pub. Res. Code section 21000 (West 1986).
(5) Archeological and Historic CEQA.
Preservation Act, 16 U.S.C. 469a
(6) National Historic Preservation Act, CEQA.
16 U.S.C. 470 et seq
(7) Coastal Zone Management Act, California Coastal Act of 1976,
16 U.S.C. 1451, 1453-1464 Cal. Pub. Res. Code section 30000 et seq. (West 1986).
(8) Section 208 of the Clean Water Act, The Porter-Cologne Act.
as amended, 33 U.S.C. 1251 et seq
(9) Endangered Species Act, California Endangered Species Act of 1984,
16 U.S.C. 1531 et seq Cal. Fish & Game Code section 2060 et seq. (West Supp. 1988).
(10) Fish and Wildlife Coordination
Act, 16 U.S.C. 661-667
(11) Noise Control Act, 42 U.S.C. 4903 California Noise Control Act of 1973, Cal. Health & Safety
Code section 46000 et seq. (West Supp. 1986).
(12) Bald Eagle Protection Act,
16 U.S.C. 668-668(d)
________________________________________________________________________________
( c) Where applicable, no person shall conduct coal exploration operations which result in the removal of more
than 250 tons in one location or surface coal mining and reclamation operations without a permit issued by the
Secretary pursuant to 30 CFR parts 772 and 773 and permits, leases and/or certificates required by the State of
California, including compliance with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section
13000 et seq.; the California Water Code section 1200 et seq.; the California Air Pollution Control Laws, Cal. Health
& Safety Code section 39000 et seq.; the Hazardous Waste Control Law, Cal. Health & Safety Code section 25100
et seq.; the State Underground Storage of Hazardous Substances Law, Cal. Health & Safety Code section 25280 et
seq.; the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 et seq.; the
California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal.
Pub. Res. Code section 30000 et seq.; the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section
4511 et seq.; and the California Public Resources Code section 4656.
(d) In addition to the requirements of part 773, the following permit application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the application to the Western Field Operations
office (WFO) in Denver, Colorado.
(2) The WFO shall review an application for administrative completeness and acceptability for further review and
shall notify the applicant in writing of the findings. The WFO may:
(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
(ii) Request additional information required for completeness stating specifically what information must be
supplied; or
(iii) Judge the application administratively complete and acceptable for further review.
(3) When the application is judged administratively complete, the applicant shall be advised by the WFO to file
the public notice required by Sec. 773.6 of this chapter.
(4) A representative of the WFO shall visit the proposed permit area to determine whether the operation and
reclamation plans are consistant with actual site conditions. The applicant will be notified in advance of the time of
the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil
storage areas, sediment control structures, roads, and other signficant features contained in the application marked by
flags.
(5) Adequacy of information to allow the WFO to comply with the National Environmental Policy Act, 42 U.S.C.
4332, and the National Historic Preservation Act, 16 U.S.C. 470 et seq., shall be considered in the determination of a
complete application. The WFO may require specific additional information from the applicant as any environmental
review progresses when such specific information is needed.
(e) In addition to the information required by Subchapter G of this chapter, the WFO may require an applicant to
submit supplemental information to ensure compliance with applicable Federal laws and regulations other than the
Act.
(f) The regulatory authority shall review the application for a permit, written comments and objections submitted;
and records of any informal conference or hearing held on the application and, where there is no environmental
impact statement (EIS) and the WFO has found, pursuant to 36 WFO 800.4(d) and 800.5(b), that the operation will
not affect historic properties, issue a written decision within 60 days from the close of the comment period or if an
informal conference is held under Sec. 773.6( c), 60 days from the close of the informal conference. Where an EIS
has been prepared for the application and/or the WFO must comply with 36 CFR 800.5 (d) or (e), the written
decision shall be issued within 60 days from the Environmental Protection Agency's publication of the notice of
availability of the final EIS in the FEDERAL REGISTER or the completion of OSMRE's responsibilities under 36
CFR part 800, whichever is later.
(g) Only application information that is labeled confidential by the applicant and submitted separately from the
remainder of the application will be reviewed by OSMRE for withholding from disclosure under Sec. 773.6(d).
(1) If the application contains information identified as confidential by the applicant, the public notice required by
Sec. 905.773(d)(3) must identify the type of information considered to be confidential.
(2) OSMRE shall determine in regard to qualification of any application information labeled confidential within
10 days of the last publication of the notice required under Sec. 905.773(d)(3) of this chapter, unless additional time
is necessary to obtain public comment or in the event of unforeseen circumstances.
[53 FR 26575, July 13, 1988; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraphs (d)(3), (f) and (g), effective
Jan. 18, 2001.]
30 CFR Sec. 905.774 Revision; renewal; and transfer, assignment, or sale of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, shall apply to
any such actions involving surface coal mining and reclamation operations permits, except as specified below.
(b) Any revision to the approved mining or reclamation plan will be subject to review and approval by the WFO.
A significant revision to the reclamation plan will be subject to the public notice and hearing provisions of Sec.
905.773(d)(3) and 773.6(b) and ( c) prior to approval and implementation. A revision to the reclamation plan will be
considered significant if it has the potential to adversely affect the achievement of reclamation as specified in the
approved plan.
( c) The regulatory authority will approve or disapprove non-significant permit revisions within 30 days of receipt
of the administratively complete revision. Significant revisions and renewals will be approved or disapproved under
the provisions of Sec. 905.773(f).
(d) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be
adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any
Federal, State, or local government agency, may submit written comments on the application to the Office within 30
days of the publication of the newspaper advertisement required by Sec. 774.17(b)(2) of this chapter, or receipt of an
administratively complete application, whichever is later.
(e) Within 30 days from the last publication of the newspaper notice, written comments or objections on an
application for significant revision, or renewal of a permit under Sec. 774.15 of this chapter may be submitted to the
regulatory authority by any person having an interest that is or may be adversely affected by the decision on the
application, or by public entities notified under Sec. 773.6(a)(3) of this chapter with respect to the effects of the
proposed mining operations on the environment within their areas of responsibility.
[53 FR 26575, July 13, 1988; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraphs (b) and (e), effective Jan.
18, 2001.]
30 CFR Sec. 905.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits.
30 CFR Sec. 905.777 General content requirements for permit applications.
(a) Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who
makes application for a permit to conduct surface coal mining and reclamation operations.
(b) Any person who wishes to conduct new surface coal mining and reclamation operations shall file a complete
application as early as possible prior to the date permit issuance is desired and shall pay to the Secretary a permit fee
in accordance with 30 CFR 777.17.
( c) Any person who wishes to revise a permit shall submit a complete application as early as possible prior to the
date approval of the permit revision is desired and to pay a permit fee in accordance with 30 CFR 777.17.
30 CFR Sec. 905.778 Permit application -- Minimum requirements for legal, financial, compliance, and related
information.
Part 778 of this chapter, Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and
Related Information, shall apply to any person who makes application for a permit to conduct surface coal mining
and reclamation operations.
30 CFR Sec. 905.779 Surface mining permit applications -- Minimum requirements for information on
environmental resources.
(a) Part 779 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Informaton on
Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and
reclamation operations.
(b) In addition to the requirements of part 779, the permit application shall contain a map that delineates existing
vegetative types and a description of the plant communities within the proposed permit area and within any proposed
reference area.
30 CFR Sec. 905.780 Surface mining permit applications -- Minimum requirements for reclamation and
operation plan.
Part 780 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct surface coal mining and reclamation
operations.
30 CFR Sec. 905.783 Underground mining permit applications -- Minimum requirements for information on
environmental resources.
(a) Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information
on Environmental Resources, shall apply to any person who makes application to conduct underground coal mining
operations.
(b) In addition to the requirements of part 783, the permit application shall contain a map that delineates existing
vegetative types and a description of the plant communities within the area affected by surface operations and
facilities and within any proposed reference area.
30 CFR Sec. 905.784 Underground mining permit applications -- Minimum requirements for reclamation and
operation plan.
Part 784 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application for a permit to conduct underground coal mining
operations.
30 CFR Sec. 905.785 Requirements for permits for special categories of mining.
Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, shall apply to any person
who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations
as specified therein.
30 CFR Sec. 905.795 Small operator assistance program.
Part 795 of this chapter, Small Operator Assistance Program, shall apply to any person making application for
assistance under the small operator assistance program.
30 CFR Sec. 905.800 Bond and insurance requirements for surface coal mining and reclamation operations
under regulatory programs.
(a) Part 800 of this chapter, Bond and Insurance requirements for Surface Coal Mining and Reclamation
Operations Under Regulatory Programs, shall apply to all surface coal mining and reclamation operations, except for
Sec. 800.40(a)(1) regarding the bond release application, for which paragraph (b) of this section substitutes and
except as provided in paragraphs ( c) and (d) of this section.
(b) The permittee may file an application with the regulatory authority for the release of all or part of a
performance bond. The application shall be filed no later than 30 days prior to the end of the vegetation growing
season in order to evaluate properly the completed reclamation operations. The appropriate season for evaluating
reclaimed operations shall be identified in the mining and reclamation plan required by subchapter G of this chapter
approved by the regulatory authority.
( c) The following bonds are acceptable for compliance with the California Federal Program.
(1) A surety bond;
(2) A collateral bond;
(3) A self-bond; or
(4) A combination of these bonding methods.
(d) A permittee may replace existing bonds with other bonds that provide equivalent coverage.
30 CFR Sec. 905.815 Performance standards -- Coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards--Coal Exploration, shall apply to any person
who conducts coal exploration.
30 CFR Sec. 905.816 Performance standards -- Surface mining activities.
(a) Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to
any person who conducts surface mining activities, except for Sec. 816.116(a)(1) regarding revegetation success
standards, for which paragraph ( c) of this section substitutes.
(b) All operators shall comply with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section
13000 et seq.; the California Water Code section 1200 et seq.; the California Air Pollution Control Laws, Cal. Health
& Safety Code section 39000 et seq.; the Hazardous Waste Control Law, Cal. Health & Safety Code section 25100
et seq.; the State Underground Storage of Hazardous Substances Law, Cal. Health & Safety Code section 25280 et
seq.; the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 et seq.; the
California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal.
Pub. Res. Code section 30000 et seq.; the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section
4511 et seq.; the California Public Resources Code section 4656; and regulations promulgated pursuant to these
laws.
( c) Standards for success shall be those identified in Sec. 816.116(a)(2) of this chapter. Statistically valid
sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by
the regulatory authority.
30 CFR Sec. 905.817 Performance standards -- Underground mining activities.
(a) Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall
apply to any person who conducts underground mining activities, except for Sec. 817.116(a)(1) regarding
revegetation success standards, for which paragraph ( c) of this section substitutes.
(b) All operators shall comply with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section
13000 et seq.; the California Water Code section 1200 et seq.; the California Air Pollution Control Laws, Cal. Health
& Safety Code section 39000 et seq.; the Hazardous Waste Control Law, Cal. Health & Safety Code section 25100
et seq.; the State Underground Storage of Hazardous Substances Law, Cal. Health & Safety Code section 25280 et
seq.; the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 et seq.; the
California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal.
Pub. Res. Code section 30000 et seq.; the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section
4511 et seq.; the California Public Resources Code section 4656; and regulations promulgated pursuant to these
laws.
( c) Standards for success shall be those identified in Sec. 817.116(a)(2) of this chapter. Statistically valid
sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by
the regulatory authority.
30 CFR Sec. 905.819 Special performance standards -- Auger mining.
Part 819 of this chapter, Special Permanent Program Performance Standards--Auger Mining, shall apply to any
person who conducts surface coal mining operations which include auger mining.
30 CFR Sec. 905.822 Special performance standards -- Operations in alluvial valley floors.
Part 822 of this chapter, Special Permanent Program Performance Standards--Operations in Alluvial Valley
Floors, shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley
floors.
30 CFR Sec. 905.823 Special performance standards -- Operations on prime farmland.
Part 832 of this chapter, Special Permanent Program Performance Standards--Operations on Prime Farmland,
shall apply to any person who conducts surface coal mining and reclamation operations on prime farmland.
30 CFR Sec. 905.824 Special performance standards -- Mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance Standards--Mountaintop Removal, shall apply
to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal
mining.
30 CFR Sec. 905.827 Special performance standards -- Coal preparation plants not located within the permit
area of a mine.
Part 827 of this chapter, Permanent Program Performance Standards--Coal Preparation Plants Not Located Within
the Permit Area of a Mine, shall apply to any person who conducts surface coal mining and reclamation operations
which include the operation of a coal preparation plant not located within the permit area of a mine.
30 CFR Sec. 905.828 Special performance standards -- In situ processing.
Part 828 of this chapter, Special Permanent Program Performance Standards--In Situ Processing, shall apply to
any person who conducts surface coal mining and reclamation operations which include the in situ processing of
coal.
30 CFR Sec. 905.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all coal exploration and surface coal mining and
reclamation operations.
(b) In addition to the requirements of part 842, copies of inspection reports will be furnished, upon request, to the
California Division of Mining and Geology.
30 CFR Sec. 905.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply regarding enforcement action on coal exploration
and surface coal mining and reclamation operations.
(b) In addition to the requirements of part 843, copies of enforcement actions and orders to show cause will be
furnished, upon request, to the California Division of Mining and Geology.
30 CFR Sec. 905.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for violations on coal
exploration and surface coal mining and reclamation operations.
30 CFR Sec. 905.846 Individual Civil Penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under
section 518(f) of SMCRA.
30 CFR Sec. 905.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the
training, examinatioin and certification of blasters for surface coal mining operations.
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