§ 701.16 - How will the stream protection rule apply to existing and future permits and permit applications?

§ 701.16 How will the stream protection rule apply to existing and future permits and permit applications?

(a) General applicability. The revisions to parts 701 through 827 of this chapter that became effective on January 19, 2017 (hereafter referred to as the stream protection rule) apply as provided therein or, if there is no specific applicability provision in the revisions, to -

(1) Any application for a new permit submitted to the regulatory authority after the effective date of the stream protection rule under the applicable regulatory program.

(2) Any application for a new permit pending a decision under § 773.7 of this chapter or its state program counterpart as of the effective date of the stream protection rule under the applicable regulatory program, unless the regulatory authority has determined the application to be administratively complete under § 777.15 of this chapter or its state program counterpart before the effective date of the stream protection rule under the applicable regulatory program.

(3) Any application for the addition of acreage to an existing permit submitted to the regulatory authority after the effective date of the stream protection rule under the applicable regulatory program, with the exception of applications for incidental boundary revisions that do not propose to add acreage for coal removal.

(4) Any application for the addition of acreage to an existing permit pending a decision under § 773.7 of this chapter or its state program counterpart as of the effective date of the stream protection rule under the applicable regulatory program, with two exceptions:

(i) Applications for incidental boundary revisions that do not propose to add acreage for coal removal; and

(ii) Applications that the regulatory authority has determined to be administratively complete before the effective date of the stream protection rule under the applicable regulatory program.

(5) Any application for a permit revision submitted on or after the effective date of the stream protection rule under the applicable regulatory program, or pending a decision as of that date, that proposes a new excess spoil fill, coal mine waste refuse pile, or coal mine waste slurry impoundment or that proposes to move or expand the location of an approved excess spoil fill or coal mine waste facility.

(b) [Reserved]

[81 FR 93323, Dec. 20, 2016]