Data / Federal rules / 2025-21441
Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures
The Surface Mining Reclamation and Enforcement Office published this final rule in the Federal Register on November 28, 2025. It took effect on January 27, 2026. Comments closed on December 29, 2025.
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What the agency says
This direct final rule revises the Federal regulations to remove paragraphs that required that all surface drainage from the disturbed area pass through a siltation structure before leaving the permit area. These paragraphs were struck down on judicial review because the court found that the Office of Surface Mining Reclamation and Enforcement (OSMRE) had not articulated a sufficient basis for the rule under the Administrative Procedure Act and that OSMRE had not sufficiently demonstrated that siltation structures were the best technology currently available.
Key facts
- Document number
- 2025-21441
- Type
- Final rule
- Action
- Direct final rule; request for comments
- Agency
- Interior Department; Surface Mining Reclamation and Enforcement Office
- Published
- November 28, 2025
- Takes effect
- January 27, 2026
- Comments due
- December 29, 2025
- Dates
- The final rule is effective January 27, 2026, unless significant adverse comments are received by December 29, 2025. If significant adverse comments are received, notice will be published in the Federal Register before the effective date either withdrawing the rule or issuing a new final rule which responds to significant adverse comments.
- Docket
- Docket No. OSM-2025-0010; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520
- Regulation ID (RIN)
- 1029-AC92
- Code of Federal Regulations
- 30 CFR 816; 30 CFR 817
- Topics
- Environmental protection; Reporting and recordkeeping requirements; Surface mining; Underground mining
- Pages
- 3
Other documents from the Surface Mining Reclamation and Enforcement Office
| Document | Type | Published |
|---|---|---|
| Montana Regulatory Program 2026-17821 | Final rule | Sep 1 |
| Montana Regulatory Program 2026-17333 | Final rule | Aug 25 |
| Montana Regulatory Program 2026-17055 | Final rule | Aug 21 |
| North Dakota Regulatory Program 2026-16318 | Final rule | Aug 11 |
| Ohio Regulatory Program 2026-16136 | Final rule | Aug 7 |
| Montana Regulatory Program 2026-14245 | Final rule | Jul 15 |
| Montana Regulatory Program 2026-14244 | Final rule | Jul 15 |
| West Virginia Regulatory Program 2026-12482 | Final rule | Jun 22 |
Everything from the Surface Mining Reclamation and Enforcement Office · Rules on environmental protection · Rules on reporting and recordkeeping requirements · Rules on surface mining · Published in November 2025
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.