2026-00701Rule

Pennsylvania Mining Gets Cleaner Pollution Rule Tweaks

Published Date: 1/15/2026

Rule

Summary

Pennsylvania’s mining rules just got an update! Starting February 17, 2026, the state will follow new guidelines that clarify when pollution concerns under the Clean Streams Law don’t automatically apply. This change mainly affects coal mining companies and helps make sure pollution claims are fair and clear, with no new costs or delays expected.

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Planned Subsidence Not Presumptive Pollution

Starting February 17, 2026, Pennsylvania law (Act 32) is approved to say planned subsidence from underground bituminous coal mining that is predictable and controlled and not predicted to permanently disrupt premining existing or designated uses of surface waters will not by itself be considered presumptive evidence of pollution. That exception applies only when the permit application provides for restoration of the premining range of flows and premining biological communities and the Pennsylvania Department of Environmental Protection (PADEP) approves the application; Act 32’s amendments apply to permits issued after October 8, 2005.

Restoration Requirement for Permit Exemption

Under the approved change, the exemption from presumptive pollution for planned subsidence is available only if the mining permit application specifically provides for restoration of the premining range of flows and restoration of premining biological communities in any waters predicted to be affected, and PADEP approves the application. These restoration commitments are a stated condition for the exemption.

Federal Approval Finds Protections Intact

The Office of Surface Mining Reclamation and Enforcement found the Pennsylvania program with Act 32 remains in accordance with the Surface Mining Control and Reclamation Act and is at least as stringent as relevant Federal standards (including requirements to minimize disturbance to the hydrologic balance). OSMRE approved the amendment on that basis, effective February 17, 2026.

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Key Dates

Published Date
Rule Effective
1/15/2026
2/17/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
Surface Mining Reclamation and Enforcement Office
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