WASHINGTON — The Office of Surface Mining Reclamation and Enforcement recently announced changes to the Ten-Day Notice rule that will make it easier for citizens to report mining concerns, safeguarding people and the environment from the adverse effects of coal mining.
In 24 states, the office delegated the administration of the Surface Mining Control Reclamation and Act, or SMCRA, to state regulatory authorities, including Ohio, Pennsylvania and West Virginia.
The Ten-Day process is initiated when the office receives information about a possible SMCRA violation, such as excessive dust from operations, pollution reaching water supplies or noise levels exceeding those approved in the permit. The Office of Surface Mining Reclamation and Enforcement evaluates the available information to determine if there is a reason to believe a violation exists. If OSMRE determines that there is a reason to believe a violation exists, OSMRE gives notice to the state regulatory authority. The state regulatory authority has 10 days to respond back to the office of its findings.
The office of re-examined the 2020 Ten-Day Notice rule and amended its regulations to ensure that possible SMCRA violations are identified and addressed in a timely manner.
The amended rule reduces burdens for citizens to report a mining problem and establishes procedures to more swiftly evaluate and process citizen allegations about possible mine violations, while continuing to minimize duplication of inspections, enforcement, and administration of SMCRA. The rule also amends the federal regulations regarding corrective actions for state regulatory program issues.
The new rule enhances citizen participation, fixes the delays in the process and increases efficiency by: Removing language that require a citizen to first contact a state regulatory authority prior to contacting OSMRE to report a possible SMCRA violation; adding language stating that all citizen complaints be considered as requests for federal inspections; dropping the requirement that a citizen must state the basis for their allegation of a possible violation; allowing OSMRE to issue a single TDN for similar possible violations found on two or more permits; requiring OSMRE to issue a TDN for any possible violation after forming a reason to believe a SMRCA violation exists; and requiring a state regulatory authority to respond to the TDN with actions to fix the violation, instead of submitting a plan to fix the violation.
During the public comment period, the office received more than 5,000 comments from concerned citizens, state governments, trade associations, environmental advocacy groups and private companies. To read the final rule, visit www.osmre.gov/laws-and-regulations/federal-register-notices.
