# 2026-01570: Ghost Rules from 1985 Finally Buried in Mining Regs Cleanup

2026-01570, Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures, is a Federal Register rule from Interior Department, Surface Mining Reclamation and Enforcement Office published 2026-01-27, effective 2026-01-27 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-01570
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-01570
- Title: Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures
- Type: Rule
- Agencies: Interior Department; Surface Mining Reclamation and Enforcement Office
- Citation: 91 FR 3372
- Published: 2026-01-27
- Effective: 2026-01-27
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 1029-AC92
- Last updated: 2026-06-11

## In one line

Ghost Rules from 1985 Finally Buried in Mining Regs Cleanup

## Summary

Starting January 27, 2026, the government is officially removing old rules that said all water from mining sites had to go through special silt traps before leaving. These rules were already tossed out by a court in 1985 but never officially erased, so this cleanup makes things clear and simple for mining companies. No big money changes or delays—just a neat update to keep the rules up to date!

## Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of January 27, 2026, for the direct final rule "Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures," published on November 28, 2025. The direct final rule removes paragraphs that required that all surface drainage from the disturbed area pass through a siltation structure before leaving the permit area. These provisions were struck down by a reviewing court in 1985 and have no legal effect but were never removed from the Code of Federal Regulations. During the comment period, OSM received one substantive comment. That comment was not a significant adverse comment because it did not effectively challenge the rule's underlying premise or approach or explain why the rule would be inappropriate without a change. As a result, the comment does not warrant a delay of the effective date.

## Effects PRIA read

- Removal of long‑suspended siltation rule: benefit, low. On January 27, 2026, the Office of Surface Mining Reclamation and Enforcement removed portions of 30 CFR (including the language in 30 CFR 816.46(b)(2) and 817.46(b)(2)) that had required all surface drainage to pass through a siltation structure before leaving a permit area. Those provisions were…

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## Sources
- [2026-01570 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/27/2026-01570/rescission-of-portions-of-permanent-program-performance-standards-related-to-siltation-structures)
- [2026-01570 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-27/pdf/2026-01570.pdf)

## Related
- [Previous: 2026-01569, Backfilling and Grading](https://policyrisk.com/federal-register/2026-01569)
- [Next: 2026-01622, Rescission of Portions of Permanent Program Performance Standards Regulating Su…](https://policyrisk.com/federal-register/2026-01622)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-01570 (as of 2026-06-11).