Current through Register Vol. 54, No. 25, June 22, 2024
Section 13.1 - Background(a) The provisions of 30 U.S.C.A. § 1252(c) require that coal mining operations meet specified initial performance standards. In addition, 30 U.S.C.A. § 1252(c) specifically requires that permits for coal mining operations ("Permits")-including surface coal mining, underground coal mining and coal processing, and waste disposal operations-contain conditions requiring compliance with the initial performance standards.(b) The United States Department of the Interior has published final rules and regulations governing the initial regulatory program under 30 U.S.C.A. §§ 1201-1328, including initial performance standards. These rules and regulations were published on December 13, 1977, at 42 FR 62639.(c) The provisions of 30 U.S.C.A. §§ 1252(c) require new coal mining operations to comply with the initial performance standards by February 3, 1978 and existing coal mining operations to comply with the initial performance standards by May 3, 1978.(d) The intent of 30 U.S.C.A. §§ 1201-1328 and the position taken by the United States Department of the Interior based on that act, is that the states should require compliance with the initial performance standards in cooperation with the Federal government.