Part 939, Rhode Island
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Subchapter T Part 939, Rhode Island |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 939 -- RHODE ISLAND
Sec.
939.700 Rhode Island Federal Program
939.701 General
939.702 Exemption for coal extraction incidental to the extraction of other minerals
939.707 Exemption for coal extraction incident to government-financed highway or other construction
939.761 Areas designated unsuitable for surface coal mining by Act of Congress
939.762 Criteria for designating areas as unsuitable for surface coal mining operations
939.764 Process for designating areas unsuitable for surface coal mining operations
939.772 Requirements for coal exploration
939.773 Requirements for permits and permit processing
939.774 Revision; renewal; and transfer, assignment, or sale of permit rights
939.775 Administrative and judicial review of decisions
939.777 General content requirements for permit applications
939.778 Permit applications Minimum requirements for legal, financial, compliance, and related
information
939.779 Surface mining permit applications Minimum requirements for information on environmental
resources
939.780 Surface mining permit applications Minimum requirements for reclamation and operation plan
939.783 Underground mining permit applications Minimum requirements for information on
environmental resources
939.784 Underground mining permit applications Minimum requirements for reclamation and operation
plan
939.785 Requirements for permits for special categories of mining
939.795 Small operator assistance program
939.800 General requirements for bonding of surface coal mining and reclamation operations under
regulatory programs
939.815 Performance standards Coal exploration
939.816 Performance standards Surface mining activities
939.817 Performance standards Underground mining activities
939.819 Special performance standards Auger mining
939.823 Special performance standards Operations on prime farmland
939.824 Special performance standards Mountaintop removal
939.827 Special performance standards Coal preparation plants not located within the permit area of a
mine
939.828 Special performance standards In situ processing
939.842 Federal inspections
939.843 Federal enforcement
939.845 Civil penalties
939.846 Individual civil penalties
939.955 Certification of blasters.
AUTHORITY: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L 100-34.
SOURCE: 48 FR 40995, Sept. 12, 1983, 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. 939.700 Rhode Island Federal program.
(a) This part contains all rules that are applicable to surface coal mining and reclamation operations in Rhode
Island which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The
full text of a rule is in the permanent program rule cited under the relevant section of the Rhode Island Federal
program.
( c) The rules in this part apply to all surface coal mining and reclamation operations in Rhode Island conducted
on non-Federal and non-Indian lands. The rules in subchapter D of this chapter apply to operations on Federal lands
in Rhode Island.
(d) The information collection requirements contained in this part do not require approval by the Office of
Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of Rhode Island laws provide, where applicable, for more stringent environmental
control and regulation of surface coal mining and reclamation operations than do the provisions of the Act and the
regulations in this chapter. Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be
inconsistent with the Act:
(1) R.I. General Laws Sections 23-19.1-1 to 23-19.1-22, regulating treatment, disposal, and transportation of
hazardous wastes within the State of Rhode Island.
(2) R.I. General Laws Sections 46-12-1 to 46-12-37, controlling the pollution of any of the State's waterways.
(f) There are no Rhode Island laws that generally interfere with the achievement of the purposes and requirements
of the Act and which must be superseded and preempted pursuant to Section 504(g). Some Rhode Island laws may in
an individual situation interfere with the achievement of the purposes and requirements of the Act and may be
preempted and superseded with respect to the performance standards of Secs. 939.815 through 939.828 as they affect
a particular coal exploration or surface mining operation by publication of a notice to that effect in the Federal
Register.
30 CFR Sec. 939.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal
mining and reclamation operations in Rhode Island.
30 CFR Sec. 939.702 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. 939.707 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. 939.761 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 and reclamation
operations.
30 CFR Sec. 939.762 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 and reclamation operations.
30 CFR Sec. 939.764 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 petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public
information, and regulatory responsibilities shall become applicable in Rhode Island on May 28, 1983.
30 CFR Sec. 939.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts or seeks
to conduct coal exploration operations.
(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant
that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons
and the additional time that is needed.
( c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, any person who intends to conduct
coal exploration shall, prior to conducting the exploration, file with the regulatory authority a written notice of
intention to explore including:
(1) The name, address, and telephone number of the person seeking to explore;
(2) The name, address, and telephone number of the representative who will be present at and responsible for
conducting the exploration activities;
(3) A precise description and map, at a scale of 1:24,000 or larger, of the exploration area;
(4) A statement of the period of intended exploration;
(5) If the surface is owned by a person other than the person who intends to explore, a description of the basis
upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration
and reclamation; and
(6) A description of the practices proposed to be followed to protect the environment from adverse impacts as a
result of the exploration activities.
(d) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant
that the application is being reviewed, but that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.
[52 FR 13813, Apr. 24, 1987]
30 CFR Sec. 939.773 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) 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 Office.
(2) The Office shall review an application for administrative completeness and acceptablity for further review and
shall notify the applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the application of the findings;
(ii) Request additional information required for completeness stating specifically what information must be
supplied and negotiate the date by which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable for further review.
(3) Should the applicant not submit the information as required by Sec. 939.773(b)(2)(ii) by the specified date, the
Office may reject the application. When the applicant submits the required information by the specified date, the
Office shall review it and advise the applicant concerning its acceptability.
(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file
the public notice required by Sec. 773.6 of this chapter.
(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and
reclamation plans are consistent 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 significant features contained in the application marked
by flags.
( c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to
submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the
Act.
(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of
more than 250 tons of coal nor shall any person conduct surface coal mining operations without a permit issued by
the Secretary pursuant to 30 CFR part 773 and permits issued pursuant to State law, including: the Wetlands
Protection Act (R.I. General Laws Section 2-1-22); Chapter 20 of the Waters and Navigation Act (petitions for
ditches and drains) (R.I. General Laws Section 46-20-1 et seq.); the Coastal Resources Management Council Act of
1971 (R.I. General Laws Section 46-23-6); the Rhode Island Hazardous Waste Management Act of 1978 (R.I.
General Laws Section 23-19.1-11 et seq.); the Rhode Island Act for Inspection of Dams and Reservoirs (R.I. General
Laws Section 46-19-1 et seq.) and Chapter 23-28.28 of Rhode Island's Health and Safety Code (R.I. General Laws
Section 23-28.28-1 et seq., permits for blasting), and an order of approval authorizing discharge of sewage into
waterways within the State and modification or operation of sewage disposal systems if applicable (R.I. General
Laws Sections 46-12-1 to 46-12-37). The permit issued by the Secretary shall incorporate the requirements of the
Rhode Island Historical Zoning Act of 1954, as amended (R.I. General Laws Section 45-24.1-1 et seq.) and the
Rhode Island Antiquities Act of 1974 (R.I. General Laws Section 42-45.1-1 et seq.).
(e) The Secretary shall coordinate review and issuance of a coal exploration or surface coal mining permit with the
review and issuance of other Federal and State permits listed in this section and 30 CFR part 773.
[52 FR 13813, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(4), effective Jan. 18,
2001.]
30 CFR Sec. 939.774 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.
(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice
and hearing provisions of Secs. 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of
receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall
notify the applicant that the application is being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
( c) 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
thirty days of either 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.
[52 FR 13814, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(1), effective Jan. 18,
2001.]
30 CFR Sec. 939.775 Administrative and judicial review of decisions.
Part 775 of his chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits.
[52 FR 13814, Apr. 24, 1987]
30 CFR Sec. 939.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who
applies for a permit to conduct surface coal mining and reclamation operations.
[52 FR 13814, Apr. 24, 1987]
30 CFR Sec. 939.778 Permit applications -- 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 applies for a permit to conduct surface coal mining and
reclamation operations.
[52 FR 13814, Apr. 24, 1987]
30 CFR Sec. 939.779 Surface mining permit applications -- minimum requirements for information on
environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR Sec. 939.780 Surface mining permit applications -- minimum requirements for reclamation and
operations plan.
(a) 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.
(b) The applicant for a permit shall demonstrate compliance with Rhode Island air quality control laws (R.I.
General Laws Section 23-23-1 et seq.) by obtaining an order of approval from the Director of the Department of
Environmental Management for any facility with the potential to emit one ton per year or more of any air
contaminant pursuant to R.I. General Laws Section 23-23-15.
30 CFR Sec. 939.783 Underground mining permit applications -- minimum requirements for information on
environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who submits an application to conduct underground coal mining
operations.
30 CFR Sec. 939.784 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 to conduct underground coal mining.
30 CFR Sec. 939.785 Requirements for permits for special categories of mining.
Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, shall apply to each person
who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations
as specified therein.
30 CFR Sec. 939.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to any person making application for assistance
under the small operator assistance program.
30 CFR Sec. 939.800 General requirements for bonding of surface coal mining and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface Coal Mining and Reclamation Operations
Under Regulatory Programs, shall apply to all surface coal mining and reclamation operations.
30 CFR Sec. 939.815 Performance standards -- Coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards--Coal Exploration, shall apply to any person
conducting coal exploration operations.
30 CFR Sec. 939.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to any
person who conducts surface coal mining and reclamation operations.
30 CFR Sec. 939.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall apply
to any person who conducts underground coal mining operations.
30 CFR Sec. 939.819 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. 939.823 Special performance standards -- operations on prime farmland.
Part 823 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 farmlands.
30 CFR Sec. 939.824 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 operations constituting mountaintop removal mining.
30 CFR Sec. 939.827 Special performance standards -- coal processing plants and support facilities not located
at or near the minesite or not within the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance Standards--Coal Processing Plants and Support
Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, shall apply to any person
who conducts surface coal mining and reclamation operations which include the operation of coal processing plants
and support facilities not located at or near the minesite or not within the permit area for a mine.
30 CFR Sec. 939.828 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 in situ processing activities.
30 CFR Sec. 939.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all coal exploration and surface coal mining and
reclamation operations.
(b) The Secretary will furnish copies of inspection reports and reports of any enforcement action taken to the
Rhode Island Department of Environmental Management upon request.
30 CFR Sec. 939.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when enforcement action is required for violations
on coal exploration or surface coal mining and reclamation operations.
(b) The Office will furnish a copy of any order to show cause to the Rhode Island Department of Environmental
Management upon request.
30 CFR Sec. 939.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations on surface coal
mining and reclamation operations.
30 CFR Sec. 939.846 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 the Act.
[53 FR 3676, Feb. 8, 1988]
30 CFR Sec. 939.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the
training, examination and certification of blasters for surface coal mining and reclamation operations.
[51 FR 19462, May 29, 1986]
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