Proposed rule · 2025-14719

Montana Regulatory Program

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana Senate Bill 365 (SB 365) during the 2025 legislative session. Montana proposes changes to the Montana Code Annotated (MCA) generally related to siltation structures and a proposed exception in the Montana regulation for exceedance of capacity violations if the exceedance is the result of a series of small storms and the operator takes active measures to restore pond capacity as soon as conditions permit. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.