§1251 Environmental Protection Standards

Summary

Create interim rules for surface coal mining and reclamation within 90 days after August 3, 1977. These interim rules must set performance standards based on the rules in section 1252(c). Putting the interim rules in the Federal Register is not a “major Federal action” under section 4332(2)(C) of title 42. The rules must be short and written in plain language, and the Secretary must first publish proposed rules in the Federal Register and allow at least 30 days for written comments from the public and state and local governments, get written agreement from the EPA Administrator for any parts affecting air or water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.), and hold at least one public hearing. Publish permanent rules within one year after August 3, 1977. The permanent rules must follow the law, set performance standards, and explain how states prepare, submit, and get approval for their programs and how the federal program will be developed and run. These permanent rules must also be short, in plain language, and follow the same steps listed above.