Office of Surface Mining Reclamation and Enforcement Strengthens State Authority with Ten-Day Notice Rule Update
WASHINGTON, DC (STL.News) The Office of Surface Mining Reclamation and Enforcement (OSM) has finalized updates to the Ten-Day Notice rule, restoring a commonsense approach that prioritizes state leadership and reduces unnecessary federal interference. This action repeals the 2024 rule and reinstates, with improvements, the 2020 rule that emphasized efficiency and state-level expertise.
The updated rule reflects the Trump administration’s commitment to unleashing American energy by reducing regulatory burdens and empowering states to oversee mining. By streamlining processes and eliminating unrealistic timelines, the rule enables states to address potential violations quickly and effectively without burdensome federal mandates.
States are best positioned to understand local mining conditions and resolve issues on the ground. The Ten-Day Notice process remains a vital tool for collaboration—requiring states to act promptly when potential violations arise—while granting flexibility to achieve practical solutions.
“This rule strengthens our partnership with states and recognizes their leadership in safeguarding mining practices,” said Lanny E. Erdos, Director of the Office of Surface Mining Reclamation and Enforcement. “OSM will continue to provide oversight and guidance and is committed to working side-by-side with states to ensure compliance and protect communities.”
The rule confirms that states are not treated as “persons” under the law. It removes rigid deadlines for resolving state program issues, allowing states to act efficiently without federal overreach, and enables the agency to use all available information before issuing a notice to ensure accuracy and fairness.
This action follows Secretary’s Order 3418, “Unleashing American Energy,” and supports President Donald J. Trump’s Executive Order 14154, “Unleashing Prosperity Through Deregulation,” which directs agencies to repeal regulations that impose unjustified economic burdens.
The rule will take effect on March 23, 2026. For more details, visit https://www.osmre.gov/laws-and-regulations/federal-register-notices.
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