# 2026-00701: Pennsylvania Mining Gets Cleaner Pollution Rule Tweaks

2026-00701, Pennsylvania Regulatory Program, is a Federal Register rule from Interior Department, Surface Mining Reclamation and Enforcement Office published 2026-01-15, effective 2026-02-17 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-00701
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-00701
- Title: Pennsylvania Regulatory Program
- Type: Rule
- Agencies: Interior Department; Surface Mining Reclamation and Enforcement Office
- Citation: 91 FR 1696
- Published: 2026-01-15
- Effective: 2026-02-17
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: none
- Last updated: 2026-06-11

## In one line

Pennsylvania Mining Gets Cleaner Pollution Rule Tweaks

## 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.

## Abstract

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), approve an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the Pennsylvania program by adding language consistent with section 5 of the Bituminous Mine Subsidence and Land Conversation Act, which specifies circumstances where a finding of presumptive evidence of potential pollution under the Commonwealth's Clean Streams Law is not warranted.

## Effects PRIA read

- Planned Subsidence Not Presumptive Pollution: benefit, medium. 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 pr…
- Restoration Requirement for Permit Exemption: mixed, low. 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 affec…
- Federal Approval Finds Protections Intact: benefit, low. 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…

## Related documents

- [2025-21443](https://policyrisk.com/federal-register/2025-21443): Rescission of Fee Rates, 2025-11-28
- [2026-17821](https://policyrisk.com/federal-register/2026-17821): Montana Regulatory Program, 2026-09-01
- [2026-17333](https://policyrisk.com/federal-register/2026-17333): Montana Regulatory Program, 2026-08-25
- [2026-17055](https://policyrisk.com/federal-register/2026-17055): Montana Regulatory Program, 2026-08-21
- [2026-16318](https://policyrisk.com/federal-register/2026-16318): North Dakota Regulatory Program, 2026-08-11
- [2026-16136](https://policyrisk.com/federal-register/2026-16136): Ohio Regulatory Program, 2026-08-07

## Sources
- [2026-00701 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/15/2026-00701/pennsylvania-regulatory-program)
- [2026-00701 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-15/pdf/2026-00701.pdf)

## Related
- [Previous: 2026-00696, Updating and Streamlining the Regulations Governing the Handling and Settlement…](https://policyrisk.com/federal-register/2026-00696)
- [Next: 2026-00728, Federal Motor Vehicle Safety Standards: Anti-Ejection Glazing for Bus Portals;…](https://policyrisk.com/federal-register/2026-00728)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-00701 (as of 2026-06-11).