Federal Register #2026-14244

Regulatory Amendment Approval for Montana Coal Program Siltation Structures

This regulatory action concerns the approval of an amendment to Montana's coal program regulations by the Office of Surface Mining Reclamation and Enforcement (OSM), Department of the Interior. - Government Buyer: - Department of the Interior - Office of Surface Mining Reclamation and Enforcement (OSM) - Purpose and Scope: - Approval of a regulatory amendment to Montana's program under the Surface Mining Control and Reclamation Act (SMCRA) - Amendment clarifies that coal mine operators are not in violation of siltation structure requirements if: - The structure was constructed to the design capacity specified in Montana's Administrative Rules (ARM) - The operator restores pond capacity after extraordinary storm events - Amendment includes legal contingencies such as severability, contingent voidness, and an effective date clause - No OEMs, vendors, products, or services are being procured - This is a regulatory update, not a procurement opportunity

Description

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment clarifies that if a siltation structure's capacity is exceeded due to an extraordinary series of storms, the operator will not be considered in violation of construction requirements if the structure was built according to the design capacity in Montana's Administrative Rules (ARM) and the operator actively works to restore pond capacity as soon as conditions permit. The amendment responds to Montana Senate Bill 365 and includes contingencies such as severability, contingent voidness, and an effective date clause. This final rule is effective August 14, 2026.

View original listing