16 Jun 2025

⚖️Proposed Rescission of “Ten-Day Notices” in Surface Mining Regulations

Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024

Summary

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is proposing to rescind the "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" Rule adopted on April 9, 2024. We are undertaking this change to align the regulations with the single, best meaning of the statutory language in the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This proposed rule would streamline the process for OSMRE's coordination with State regulatory authorities to minimize duplication of efforts in the administration of SMCRA and appropriately recognize that State regulatory authorities are the primary regulatory authorities of non-Federal, non-Indian lands within their borders. We solicit comment on all aspects of this proposed rule.

Agencies

  • Interior Department
  • Surface Mining Reclamation and Enforcement Office

Business Impact ?

$$ - Med

The proposed rescission of the "Ten-Day Notices" rule alters compliance requirements for businesses engaged in surface mining, as it streamlines regulatory interactions with states, potentially reducing administrative burdens. This shift may impact how businesses prepare for inspections and handle violations under the Surface Mining Control and Reclamation Act.

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