Mining Rules Rewind: Ditching 10-Day Notices for Simpler Path
Published Date: 2/19/2026
Rule
Summary
The Office of Surface Mining is canceling the April 2024 rule about quick 10-day notices to states and is bringing back a simpler, improved 2020 rule with a few tweaks. This change helps states take the lead on mining rules in their areas and cuts down on extra paperwork. The new rule kicks in on March 23, 2026, making things smoother for state regulators without adding costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
OSM can use any readily available information
OSM will again be allowed to consider "any information readily available" from any source, including State non‑public information, when deciding if it has "reason to believe" a violation exists. OSM found that under the 2024 rule it issued TDNs in response to complaints over 56% of the time, compared with under 17% under the 2020 rule, and that complaints rose from about 16/year (2020 rule) to about 23/year (2024 rule).
Rescinds 2024 TDN Rule; returns to 2020 rule
The Office of Surface Mining is canceling the April 9, 2024 rule and largely restoring the November 24, 2020 rule effective March 23, 2026. The agency says this reduces extra paperwork and recognizes State regulatory authorities as the primary regulators for non‑Federal, non‑Indian lands, and it states the change does not add costs.
Stricter rules for Federal inspection requests
If you ask OSM for a Federal inspection under SMCRA section 517(h)(1), you must allege the violation is occurring "at the surface mining site" and indicate that you notified the State regulatory authority before or at the same time you notified OSM. This change clarifies that inspection requests must relate to a specific mine.
OSM may group similar violations into one TDN
OSM will retain language allowing it to include substantively similar possible violations in a single ten‑day notice (TDN). That means States and operators may receive one grouped TDN instead of many repetitive notices.
Action plans emphasize State–OSM cooperation
The rule keeps the 2024 wording for the definitions of "action plan" and "State regulatory program issue," and adds language that OSM typically works with the State regulatory authority to develop the action plan. The rule also removes a sentence so that some State regulatory program issues "may no longer be resolved under part 842."
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Key Dates
Department and Agencies
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