Montana Regulatory Program
Published Date: 1/15/2025
Rule
Summary
Montana updated some rules about coal mining, especially how they define damage to the environment and what info miners must provide about water. The federal government said yes to some changes but no to others. These updates affect miners and regulators starting February 14, 2025, helping keep mining safer and clearer without extra costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Hydrologic damage standard kept strict
If you operate a coal mine in Montana, the federal-style definition of “material damage” to the hydrologic balance remains in Montana law as of February 14, 2025. Montana’s proposed change to require only “significant long-term or permanent” impacts was disapproved, so violations of water quality standards or degradation/reduction of water outside the permit area continue to be treated as material damage.
Alluvial valley protections approved
In Montana, effective February 14, 2025, the definition of “material damage” for alluvial valley floors is approved to mean degradation or reduction of the water supplied to the valley floor that significantly decreases its ability to support agricultural activities. This approved language aligns with the federal approach and applies in Montana.
Subsidence protections preserved
Montana’s proposed narrower definition of material damage from subsidence was disapproved, so Montana must continue to follow the federal approach that includes both structures and facilities when assessing subsidence damage as of February 14, 2025. This affects property and facility protections near underground coal mines in Montana.
Baseline water data required for permits
Starting February 14, 2025, Montana may not remove the requirement that permit applicants use baseline hydrologic information from the appropriate Federal or State agency and that a permit not be approved until that information is available and incorporated (MCA 82-4-222(1)(m)). Permit applications must include the necessary hydrologic data before approval.
State’s immediate/retroactive changes not valid
Montana provisions in HB 576 that would make the law effective on passage or apply it retroactively were found contrary to SMCRA and federal regulations, so those parts do not take effect for the State program. Changes to the Montana program do not apply until OSMRE approves them and do not retroactively alter pending permits or judicial actions.
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