30 U.S. Code § 1251 - Environmental protection standards

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(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) of this section.


[1]  So in original. Probably should be “4332(2)(C)”.

Source

(Pub. L. 95–87, title V, § 501,Aug. 3, 1977, 91 Stat. 467.)
References in Text

The Federal Water Pollution Control Act, referred to in subsec. (a)(B), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended generally by Pub. L. 92–500, § 2,Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (a)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

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30 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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30 CFR - Mineral Resources

30 CFR Part 700 - GENERAL

30 CFR Part 707 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION

30 CFR Part 715 - GENERAL PERFORMANCE STANDARDS

30 CFR Part 717 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS

30 CFR Part 722 - ENFORCEMENT PROCEDURES

30 CFR Part 730 - GENERAL REQUIREMENTS

30 CFR Part 733 - MAINTENANCE OF STATE PROGRAMS AND PROCEDURES FOR SUBSTITUTING FEDERAL ENFORCEMENT OF STATE PROGRAMS AND WITHDRAWING APPROVAL OF STATE PROGRAMS

30 CFR Part 735 - GRANTS FOR PROGRAM DEVELOPMENT AND ADMINISTRATION AND ENFORCEMENT

30 CFR Part 755 - TRIBAL-FEDERAL INTERGOVERNMENTAL AGREEMENTS

30 CFR Part 810 - PERMANENT PROGRAM PERFORMANCE STANDARDS—GENERAL PROVISIONS

30 CFR Part 820 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—ANTHRACITE MINES IN PENNSYLVANIA

30 CFR Part 824 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—MOUNTAINTOP REMOVAL

30 CFR Part 828 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—IN SITU PROCESSING

30 CFR Part 840 - STATE REGULATORY AUTHORITY: INSPECTION AND ENFORCEMENT

30 CFR Part 842 - FEDERAL INSPECTIONS AND MONITORING

30 CFR Part 902 - ALASKA

43 CFR - Public Lands: Interior

43 CFR Part 3400 - COAL MANAGEMENT: GENERAL

43 CFR Part 3480 - COAL EXPLORATION AND MINING OPERATIONS RULES

 

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