§ 1251. — Environmental protection standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1251]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1251. Environmental protection standards
(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) 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.
(Pub. L. 95-87, title V, Sec. 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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which
is classified generally to chapter 26 (Sec. 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 (Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1211, 1254, 1265, 1266,
1276, 1292, 1298 of this title.
