§ 733.5 - Definitions.

§ 733.5 Definitions.

Cross Reference

Link to an amendment published at 89 FR 24734, Apr. 9, 2024.

As used in this part, the following terms have the specified meanings:

Action plan means a detailed schedule OSMRE prepares to identify specific requirements plan that the Office of Surface Mining Reclamation and Enforcement (OSMRE) prepares to resolve a State regulatory program issue identified during OSMRE's oversight of a State regulatory program and that includes a schedule that contains specific requirements that a State regulatory authority must achieve in a timely manner to resolve State regulatory program issues identified during oversight of State regulatory programs.

State regulatory program issue means an issue OSMRE identifies during oversight of a State or Tribal regulatory program that could may result in from a State regulatory authority not effectively implementing, administering, enforcing, or maintaining 's implementation, administration, enforcement, or maintenance of all or any portion of its State regulatory program , including that is not consistent with the basis for OSMRE's approval of the State program. This may include, but is not limited to, instances when a State regulatory authority has not adopted and implemented program amendments that are required under 30 CFR § 732.17 and 30 CFR subchapter T of this chapter, and issues related to the requirement in section 510(b) of the Act that a State regulatory authority must not approve a permit or revision to a permit, unless the State regulatory authority finds that the application is accurate and complete and that the application is in compliance with all requirements of the Act and the State regulatory program.

[85 FR 75189, Nov. 24, 2020

State regulatory program issues will be considered as possible violations and will initially proceed, and may be resolved, under part 842 of this chapter.

[89 FR 24734, Apr. 9, 2024]