---
kind: "section"
citation: "30 C.F.R. § 843.25"
title: "30"
number: "843.25"
heading: "Energy Policy Act enforcement in States with approved State programs."
url: "https://uscodex.org/cfr/30/843.25"
---

# §843.25. Energy Policy Act enforcement in States with approved State programs.

- (a) **State-by-State determinations.** By July 31, 1995, OSM will determine for each State with an approved State regulatory program whether:
  - (1) Direct Federal enforcement of the Energy Policy Act and implementing Federal regulations will occur under [paragraph (b)](#b) of this section with respect to some or all surface coal mining operations in each State, or
  - (2) The procedures of §§ [843.11](/cfr/30/843.11.md) and [843.12(a)(2)](/cfr/30/843.12.md?p=a-2) will apply to State enforcement of the Energy Policy Act, or
  - (3) A combination of direct Federal enforcement and State enforcement will occur.
  - (4) Before making this determination, OSM will consult with each affected State and provide an opportunity for public comment. OSM will publish its determination in the Federal Register.
- (b) **Interim Federal enforcement.**
  - (1) If OSM determines under [paragraph (a)](#a) that direct Federal enforcement is necessary, §§ [817.41(j)](/cfr/30/817.41.md?p=j), [817.121(c)(2)](/cfr/30/817.121.md?p=c-2), and [817.121(c)(4)](/cfr/30/817.121.md?p=c-4) of this chapter will apply to each underground mining operation subject to that determination that is conducted in a State with an approved State regulatory program.
  - (2) If OSM determines under [paragraph (a)](#a) of this section that direct Federal enforcement is necessary, the provisions of [§ 843.12(a)(2)](/cfr/30/843.12.md?p=a-2) will not apply to direct Federal enforcement actions under this [paragraph (b)](#b). When, on the basis of any Federal inspection under this paragraph, an authorized representative determines that a violation of [§ 817.41(j)](/cfr/30/817.41.md?p=j) or [§ 817.121(c)(2)](/cfr/30/817.121.md?p=c-2) exists, the authorized representative must issue a notice of violation or cessation order, as appropriate.
  - (3) This [paragraph (b)](#b) will remain effective in a State with an approved State regulatory program until the State adopts, and OSM approves, under [part 732](/cfr/30/part732.md) of this chapter, provisions consistent with §§ [817.41(j)](/cfr/30/817.41.md?p=j) and [817.121(c)(2)](/cfr/30/817.121.md?p=c-2) of this chapter. After these provisions are approved, this paragraph will remain effective only for violations of §§ [817.41(j)](/cfr/30/817.41.md?p=j) and [817.121(c)(2)](/cfr/30/817.121.md?p=c-2) that are not regulated by the State regulatory authority.

## Notes

### Amendments

[60 FR 16750, Mar. 31, 1995]

### Authority

Authority: 30 U.S.C. 1201 et seq.

### Source

Source: 47 FR 35637, Aug. 16, 1982, unless otherwise noted.

### Amendments

[60 FR 16750, Mar. 31, 1995]