Court Tosses Mining Water Filters, Sparking Eco-Debate
Published Date: 11/28/2025
Rule
Summary
Starting January 27, 2026, new rules will remove the requirement that all water runoff from mining sites must pass through siltation structures. This change affects mining companies regulated by the Office of Surface Mining and is a response to a court decision that said the old rule wasn’t backed up well enough. No extra costs are expected, but the public can comment until December 29, 2025, before the rule takes effect.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Siltation-Structure Requirement Removed
Starting January 27, 2026, the rule removes the parts of 30 CFR 816.46 and 817.46 that required all surface drainage from a disturbed mining area to pass through a siltation structure before leaving the permit area. The change explicitly affects mining companies regulated by the Office of Surface Mining Reclamation and Enforcement (OSMRE). The public may submit significant adverse comments by December 29, 2025, before the rule takes effect.
Best-Technology Requirement Still Applies
The rule leaves paragraph (b)(1) in 30 CFR 816.46 and 817.46, which continues to require use of the "best technology currently available" to prevent additional suspended solids in runoff. That paragraph may still require siltation structures in specific cases where they are the best technology.
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Key Dates
Department and Agencies
Related Federal Register Documents
2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-17821, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.
2026-17333, Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature (Senate Bill (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.
2026-17055, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
Previous / Next Documents
Previous: 2025-21440, Backfilling and Grading
The government is officially removing an old, unused rule about how quickly and how far backfilling and grading must be done during surface mining. This change affects mining companies by clearing up outdated rules, with no new costs or deadlines added. The update takes effect January 27, 2026, unless people send in serious objections by December 29, 2025.
Next: 2025-21442, Certification and Noncoal Reclamation
Starting January 27, 2026, the government is updating rules to stop counting old, unused funds when giving money to States and Tribes for mining cleanup. This change affects States and Tribes that get money from the Office of Surface Mining and means the money they receive will be clearer and more accurate. If anyone has big concerns, they can speak up by December 29, 2025.