| | EPA: Federal Register: Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership ... |
 | | However, section 501(b) of the Act requires that we adopt regulations that not only implement the Act, but also ``are written in plain, understandable language.'' Furthermore, the courts have held in previous litigation concerning SMCRA that we have a duty to either flesh out the requirements or explain why it is unnecessary to do so. |
 | | Where the Act or regulations provides for a mandatory action, we use ``must.'' Where previous regulations used ``shall'' to indicate a future action, we use ``will.'' When an action is not mandatory, we use ``may,'' except that the use of ``may not,'' is equivalent to a mandatory prohibition. |
 | | Furthermore, section 509(a) of the Act and 30 CFR 800.14(b) already require that the amount of the bond be sufficient to assure completion of the reclamation plan if the work has to be performed by the regulatory authority in the event of forfeiture. |
| www.epa.gov /fedrgstr/EPA-IMPACT/2000/December/Day-19/i32002.htm (13555 words) |