Montana Tweaks Coal Cleanup Rules With Data Predictions
Published Date: 7/15/2026
Rule
Summary
Montana’s new mining rules let companies use smart predictions and real data to show they’ve cleaned up mining sites properly. The state can now keep some money back if certain pollution problems stick around. These changes kick in on August 14, 2026, affecting coal miners and the environment while making sure cleanup is done right.
Analyzed Economic Effects
6 provisions identified: 3 benefits, 1 costs, 2 mixed.
Bonds can be withheld for suspended solids
If sediment sampling or predictive modeling shows disturbed areas are contributing suspended solids to streams or runoff, MDEQ may retain a portion of a permittee's performance bond to satisfy remaining permit conditions. This rule is part of MCA 82-4-232 and is effective August 14, 2026.
Mining firms may use predictive models
If you operate a coal mine in Montana, you may include predictive modeling together with monitoring data in your bond release application and public notice to show compliance with an approved reclamation plan. This change is part of Montana's amendment to MCA 82-4-232 and takes effect August 14, 2026.
State may consider models in reviews
Montana's Department of Environmental Quality (MDEQ) may consider a permittee's predictive modeling, together with monitoring data, when inspecting, evaluating, and determining the acceptability of bond release applications. This authority is codified in MCA 82-4-232 and becomes effective August 14, 2026.
Models limited to specific reclamation topics
Montana allows predictive modeling to be used specifically for demonstrating compliance related to soil replacement, permanent siltation ponds, and suspended solids under MCA 82-4-232(6)(k)(ii) and (6)(k)(iv)(A). This scope is part of the approved amendment effective August 14, 2026.
Predictive models must be in public notice
If an operator uses predictive modeling in a bond release application, the operator must include that modeling with the public notice and application so the public can review and comment, per MCA 82-4-232(6)(a)(i) and the public participation process. This requirement takes effect August 14, 2026.
Potential direct effects on Tribes
OSM noted that this State program amendment may have substantial direct effects on 20 federally recognized Tribes because of potential implications for Tribal members, Tribal treaty or reserved rights, trust resources, or ancestral lands. OSM sent invitation letters to consult the 20 Tribes on August 4, 2025; no Tribal comments or requests for consultation were received.
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Key Dates
Department and Agencies
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