---
kind: "section"
citation: "30 C.F.R. § 870.11"
title: "30"
number: "870.11"
heading: "Applicability."
url: "https://uscodex.org/cfr/30/870.11"
---

# §870.11. Applicability.


The regulations in this part apply to all surface and underground coal mining operations except—

- (a) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
- (b) The extraction of coal as an incidental part of Federal, State, or local government-financed highway or other construction;
- (c) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for commercial use or sale
  - (1) In accordance with [part 702](/cfr/30/part702.md) of this chapter for Federal program States and on Indian lands or
  - (2) In any twelve consecutive months in a State with an approved State program until counterpart regulations pursuant to [part 702](/cfr/30/part702.md) of this chapter have been incorporated into the State program and in accordance with such counterpart regulations, thereafter; and
- (d) **The extraction of less than 250 tons of coal within twelve consecutive months.**

## Notes

### Amendments

[47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20, 1989; 54 FR 52123, Dec. 20, 1989; 73 FR 67631, Nov. 14, 2008]

### Authority

Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq., and Pub. L. 105-277, 112 Stat. 2681.

### Source

Source: 47 FR 28593, June 30, 1982, unless otherwise noted.

### Amendments

[47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20, 1989; 54 FR 52123, Dec. 20, 1989; 73 FR 67631, Nov. 14, 2008]