§1251 Environmental Protection Standards

Summary

The Secretary must create and publish interim rules in the Federal Register within 90 days after August 3, 1977, to set performance standards for surface coal mining and reclamation. Those interim rules must follow the standards in section 1252(c). The rules are considered not to be a major Federal action under section 4332(2)(C) of title 42. Before issuing final interim rules, the Secretary must publish proposed rules and give people and state and local governments at least 30 days to send written comments, get written agreement from the Administrator of the Environmental Protection Agency for any parts dealing with air or water quality under the Clean Water 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 whose date, time, and place are listed with the proposal. The Secretary must consider all comments and hearing input before finishing the rules. Within one year after August 3, 1977, the Secretary must also create and publish permanent rules in the Federal Register. The permanent rules must set performance standards that follow this subchapter and must lay out how states prepare, submit, and get approval for programs and how Federal programs are developed and carried out. The permanent rules must be concise, written in plain language, and follow the same steps for proposals, comments, EPA concurrence, and hearings as the interim rules.