May 23, 2023 - In part to reduce burdens for coalfield community residents to report mining complaints or potential violations, the Office of Surface Mining Reclamation and Enforcement has published a notice of proposed rulemaking that would modify the Ten-Day Notice process and invites public comment on the proposed changes. All comments are due by June 26.
OSMRE is proposing to amend regulations related to notifying state regulatory authorities of possible violations of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and corrective actions for state regulatory program issues.
When citizens notify OSMRE of a potential violation of coal mining laws, regulations, or permit conditions, or if OSMRE learns of a potential violation through its own oversight, OSMRE may send a “Ten-Day Notice” to alert a state regulatory authority about the potential violation. The state regulatory authority then has 10 days to respond.
Proposed changes to regulations addressing the Ten-Day Notice will reduce burdens for citizens to file a complaint, as well as clarify procedures for OSMRE to evaluate and process citizen allegations about possible SMCRA violations and clarify regulatory requirements of the Ten-Day Notice process. The proposed Ten-Day Notice rule will minimize the duplication of inspections, enforcement, and administration of SMCRA.
To learn how to submit comments on proposed changes to the Ten-Day Notice process, visit https://www.osmre.gov/laws-
For more information on OSMRE’s directives, visit https://www.osmre.gov/laws-