Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures
mining · Office of Surface Mining Reclamation and Enforcement · Published 2025-11-28 · Effective 2026-01-27 · 90 FR 54575
Document
Document number
2025-21441
Federal Register citation
90 FR 54575
CFR reference
30 CFR 816
Type
Rule
Action
Direct final rule; request for comments.
Category
mining
Sub-agency
Office of Surface Mining Reclamation and Enforcement
Publication date
2025-11-28
Effective date
2026-01-27
Interior docket
Docket No. OSM-2025-0010
Abstract
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.