April 4, 2024 - It soon will be easier for members of the public to report problems related to coal mines, according to the federal Office of Surface Mining Reclamation and Enforcement, or OSMRE.

OSMRE announced on Thursday changes to the the Ten-Day Notice rule, saying the changes will reduce burdens for citizens to report a mining problem and establish procedures to more swiftly evaluate and process citizen allegations about possible mine violations.

“OSMRE could not do its job as effectively without citizen input, which is critical for holding coal companies accountable and helping regulators ensure the protection of public health, safety and the environment,” said OSMRE Principal Deputy Director Sharon Buccino. “This rule will help ensure that citizen voices are heard and that their concerns regarding adverse mining impacts are addressed in a timely manner.”

The Ten-Day Rule was established under the Surface Mining Control and Reclamation Act of 1977.

The rule allows OSMRE to issue 10-day notices to state regulatory authorities for potential mine violations by mine operators reported through community complaints.

State regulators then have 10 days to investigate the potential violation and take “appropriate action” or show “good cause” for non-action. If state regulators fail to adequately respond within 10 days, OSMRE may initiate a federal inspection and issue a violation or cessation order.

The new rule — which takes effect 30 days after publication in the Federal Register — enhances citizen participation, fixes the delays in the process and increases efficiency in the following ways:

- Removing language that requires a citizen to first contact a state regulatory authority prior to contacting OSMRE to report a possible mine violation.

- Adding language stating that all citizen complaints be considered as requests for federal inspections.

- Dropping the requirement that citizens must state the basis for their allegation of a possible mine violation.

- Allowing OSMRE to issue a single Ten-Day Notice for similar possible violations found on two or more permits.

- Requiring OSMRE to issue a Ten-Day Notice for any possible violation after forming a reason to believe a violation exists.

- Requiring a state regulatory authority to respond to the Ten-Day Notice with actions to fix the violation, instead of submitting a plan to fix the violation.

The Ten-Day Notice rule is the primary tool that community members can use to take action when state regulators fail to respond to potential violations of federal coal mining laws, according to information from the Sierra Club.

"The communities that live near coal mines need to be able to go directly to the federal OSMRE for help,"  said Sierra Club Senior Organizer Alex Cole. "These communities know better than anyone the ways mine operators violate critical protections, and how state regulators just look the other way."