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Electronic Code of Federal Regulations

e-CFR data is current as of January 16, 2020

Title 30Chapter VIISubchapter K → Part 827


Title 30: Mineral Resources


PART 827—PERMANENT PROGRAM PERFORMANCE STANDARDS—COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE


Contents
§827.1   Scope.
§827.11   General requirements.
§827.12   Coal preparation plants: Performance standards.
§827.13   Coal preparation plants: Interim performance standards.

Authority: 30 U.S.C. 1201 et seq., and Pub. L. 100-34.

Source: 48 FR 20401, May 5, 1983, unless otherwise noted.

Editorial Note: At 82 FR 55021, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 827 made effective on Jan. 19, 2017, at 81 FR 93445, Dec. 20, 2016.

§827.1   Scope.

This part sets forth requirements for coal preparation plants operated in connection with a coal mine but outside the permit area for a specific mine.

[53 FR 47391, Nov. 22, 1988]

§827.11   General requirements.

Each person who operates a coal preparation plant subject to this part shall obtain a permit in accordance with §785.21 of this chapter, obtain a bond in accordance with subchapter J of this chapter, and operate that plant in accordance with the requirements of this part.

§827.12   Coal preparation plants: Performance standards.

Except as provided in §827.13 of this part, the construction, operation, maintenance, modification, reclamation, and removal activities at coal preparation plants shall comply with the following:

(a) Signs and markers for the coal preparation plant, coal processing waste disposal area, and water-treatment facilities shall comply with §816.11 of this chapter.

(b) Any stream channel diversion shall comply with §816.43 of this chapter.

(c) Drainage from any disturbed area related to the coal preparation plant shall comply with §§816.45 through 816.47 of this chapter, and all discharges from these areas shall meet the requirements of §§816.41 and 816.42 of this chapter and any other applicable State or Federal law.

(d) Permanent impoundments associated with coal preparation plants shall meet the requirements of §§816.49 and 816.56 of this chapter. Dams constructed of, or impounding, coal processing waste shall comply with §816.84 of this chapter.

(e) Disposal of coal processing waste, noncoal mine waste, and excess spoil shall comply with §§816.81, 816.83, 816.84, 816.87, 816.89, and 816.71 through 816.74 of this chapter, respectively.

(f) Fish, wildlife, and related environmental values shall be protection in accordance with §816.97 of this chapter.

(g) Support facilities related to the coal preparation plant shall comply with §816.181 of this chapter.

(h) Roads shall comply with §§816.150 and 816.151 of this chapter.

(i) Cessation of operations shall be in accordance with §§816.131 and 816.132 of this chapter.

(j) Erosion and air pollution attendant to erosion shall be controlled in accordance with §816.95 of this chapter.

(k) Adverse effects upon, or resulting from, nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to, compliance with §816.79 of this chapter.

(l) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with §§816.22, 816.100. 816.102, 816.104, 816.106, 816.111, 816.113, 816.114, 816.116, and 816.133 of this chapter, respectively.

[48 FR 20401, May 5, 1983, as amended at 52 FR 17730, May 11, 1987; 81 FR 93445, Dec. 20, 2016; 82 FR 55021, Nov. 17, 2017]

§827.13   Coal preparation plants: Interim performance standards.

(a) Persons operating or who have operated coal preparation plants after July 6, 1984, which were not subject to this chapter before July 6, 1984, shall comply with the applicable interim or permanent program performance standards of the State in which such plants are located, as follows:

(1) If located in a State in which either interim or permanent program performance standards apply to such plants, the applicable program standards of the State program shall apply;

(2) If located in a State with a State program which must be amended in order to regulate such plants, the interim program performance standards in subchapter B of this chapter shall apply; and

(3) If located in a State with a Federal program, all such plants shall be subject to the interim program performance standards in subchapter B of this chapter.

(b) After a person described in paragraph (a) of this section obtains a permit to operate a coal preparation plant, the performance standards specified in §827.12 shall be applicable to the operation of that plant instead of those specified in paragraph (a) of this section.

[52 FR 17730, May 11, 1987]

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