30 U.S.C. § 1251 — Environmental protection standards

submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 355 words · no verdicts yet

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This section requires the Secretary to issue interim and permanent regulations for surface coal mining and reclamation operations. It sets deadlines and requires comments, specified EPA concurrence, and a public hearing.

(a) Within 90 days after August 3, 1977, the Secretary must publish interim regulations in the Federal Register setting performance standards based on section 1252(c). Issuance is not a major Federal action under title 42 section 4332(2)(c). Before issuing concise plain-language rules, the Secretary must publish proposed rules, allow interested persons and State and local governments at least 30 days for written comments, obtain EPA Administrator concurrence for specified air and water standards, and hold at least one public hearing. The proposal must state the hearing’s date, time, and place, and the Secretary must consider comments and relevant data before final publication. (b) Within one year after August 3, 1977, the Secretary must publish permanent plain-language regulations based on this subchapter for performance standards, State-program preparation, submission and approval, and Federal-program development and implementation, using subsection (a)’s procedures.

the actual law source: uscode.house.gov ↗public domain

(a)

Not later than the end of the ninety-day period immediately following August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering an interim regulatory procedure for surface coal mining and reclamation operations setting mining and reclamation performance standards based on and incorporating the provisions set out in section 1252(c) of this title. The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of section 4332(2)(c) 1 of title 42. Such regulations, which shall be concise and written in plain, understandable language shall not be promulgated and published by the Secretary until he has—

(A)

published proposed regulations in the Federal Register and afforded interested persons and State and local governments a period of not less than thirty days after such publication to submit written comments thereon;

(B)

obtained the written concurrence of the Administrator of the Environmental Protection Agency with respect to those regulations promulgated under this section which relate to air or water quality standards promulgated under the authority of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.]; and the Clean Air Act, as amended [42 U.S.C. 7401 et seq.]; and

(C)

held at least one public hearing on the proposed regulations.

The date, time, and place of any hearing held on the proposed regulations shall be set out in the publication of the proposed regulations. The Secretary shall consider all comments and relevant data presented at such hearing before final promulgation and publication of the regulations.

(b)

Not later than one year after August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering a permanent regulatory procedure for surface coal mining and reclamation operations performance standards based on and conforming to the provisions of this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs; and development and implementation of Federal programs under the subchapter. The Secretary shall promulgate these regulations, which shall be concise and written in plain, understandable language in accordance with the procedures in subsection (a).

Source credit: (Pub. L. 95–87, title V, § 501, Aug. 3, 1977, 91 Stat. 467.)

history & why it existsrecord from the source credit

1977Enacted · Pub. L. 95-87 · 91 Stat. 467

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-87 on 1977-08-03.

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