The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Utah coal regulatory program (hereinafter, the Utah program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah submitted this proposed amendment on its own initiative, following the passage of Utah House Bill 419 (HB 419) during the 2026 legislative session. HB 419 amended Title 72B, chapter 5, part 8 of the Utah Code Annotated (UCA) and would require that a bond be posted by a plaintiff who obtains a "stay or other temporary remedy issued by an agency for an "environmental action." HB 419 also states that these changes are effective as of May 6, 2026. This document gives the times and locations that the Utah program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Comments close Jun 8, 2026
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed regulatory amendment to the Wyoming coal program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming submitted this proposed amendment to us, on its own initiative, following the Wyoming Environmental Quality Council's (EQC) and Wyoming Governor's approval of the proposed changes to its Land Quality Division (LQD)--Coal Rules on September 17, 2025, and October 29, 2025, respectively. Through this amendment, Wyoming is proposing to recognize a specific type of reclamation bond estimate adjustment that would not be considered a bond release request.
Comments close May 11, 2026
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed rule amendment to the Wyoming regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Between 2017 and 2021, the Wyoming Environmental Quality Council (EQC) approved several changes to the Wyoming Department of Environmental Quality (WYDEQ) Rules of Practice and Procedure. These updates largely focused on "Contested Case Hearings" rules and regulations for Wyoming State agencies. Accordingly, the State submitted this amendment proposal to OSMRE on its own initiative.
Comments close Feb 17, 2026
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce receipt of a proposed amendment to the North Dakota abandoned mine land (AML) reclamation plan (the North Dakota plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment updates the purposes for which the North Dakota abandoned mine reclamation fund may be used and creates a set-aside trust account in the State treasury. The definition of eligible lands and water and project priorities are also revised.
Comments close Jan 20, 2026
This direct final rule revises the Federal regulations to rescind language requiring compliance with the regulations when funding reclamation projects with prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
Comments close Dec 29, 2025
This direct final rule revises the Federal regulations to rescind obsolete regulations related to the applicability of the Federal regulations implementing the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Comments close Dec 29, 2025
This direct final rule lifts the suspension and revises the Federal regulations to remove paragraphs related to establishing a rebuttable presumption of causation for damage to any non-commercial building or occupied residential dwelling or structure related thereto that occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land. These paragraphs were struck down on judicial review because the court found that the Office of Surface Mining Reclamation and Enforcement (OSMRE) failed to provide adequate support to justify its presumption that damage was the result of mining within the angle of draw.
Comments close Dec 29, 2025
This direct final rule revises the Federal regulations to rescind expired fee rates for coal produced for sale, transfer, or use from October 1, 2012, through September 30, 2021. New rates have been established and are in effect beginning October 1, 2021, through September 30, 2034.
Comments close Dec 29, 2025
This direct final rule revises the Federal regulations to rescind language identifying obsolete funds as part of the moneys that the Office of Surface Mining Reclamation and Enforcement (OSMRE) must distribute to eligible States and Tribes each fiscal year. The existing regulations refer to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
Comments close Dec 29, 2025
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.
Comments close Dec 29, 2025
This direct final rule revises the Federal regulations to rescind an obsolete regulation that was suspended by the Secretary of the Interior in 1992 and that has been inoperative for 33 years. The regulations prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations.
Comments close Dec 29, 2025
This direct final rule revises the Federal regulations to rescind obsolete regulations related to the scope of the regulations implementing the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to rescind references to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress, and to make minor conforming language changes.
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to rescind provisions that required the distribution and awarding of prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to rescind regulations related to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress. Additionally, this rule will rescind the regulations that detail how prior balance replacement funds may be used.
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to rescind language identifying obsolete funds as part of the moneys that the Office of Surface Mining Reclamation and Enforcement (OSMRE) must distribute to eligible States and Tribes each fiscal year. The existing regulations refer to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to remove references to prior balance replacement funds and to rescind the phase-in schedule for minimum program make up fund distributions between October 1, 2007, and October 1, 2010.
Comments close Dec 24, 2025
This direct final rule revises the Federal regulations to rescind language identifying obsolete funds as part of the moneys that the Office of Surface Mining Reclamation and Enforcement (OSMRE) must distribute to eligible States and Tribes each fiscal year. The existing regulations refer to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
Comments close Dec 24, 2025
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce receipt of a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this program amendment, Kentucky seeks to amend its law to add a statutory definition for "long-term treatment" and to specify how the additional bonds for long-term treatment are to be calculated.
Comments close Dec 17, 2025
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (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 House Bill 633 (HB 633) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA). Montana proposes that objections to the Montana Department of Environmental Quality's (DEQ) decisions are limited to issues previously raised in a comment or written objection submitted during the relevant comment period. The submittal also requires cumulative hydrologic impact assessments to be published along with DEQ's acceptability determination. Also, Montana adds contingencies in HB 633 that will not be codified into law but that will apply to the proposed amendment: "Saving clause," "Severability," "Contingent voidness," and "Effective date."
Comments close Sep 22, 2025
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 House Bill 587 (HB 587) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA), generally related to a new definition of "Material damage" with respect to the hydrologic balance, alluvial valley floors, and subsidence and the option for a permit applicant to provide self-collected information related to its determination of probable hydrologic consequences, if an appropriate Federal or State agency cannot provide such information. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.
Comments close Sep 3, 2025
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 House Bill 616 (HB 616) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA) generally related to the option for an permittee to include predictive modeling, along with monitoring data, in its bond release application to prove compliance with approved reclamation plans and allowing Montana to retain a portion of a bond for areas that are contributing suspended solids. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.
Comments close Sep 3, 2025
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.
Comments close Sep 3, 2025
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 368 (SB 368) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA) generally related to the proposed the addition of a process for operators to correct minor maintenance items. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.
Comments close Sep 3, 2025
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed regulatory amendment to the Wyoming coal program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On January 19, 2024, and effective February 20, 2024, OSMRE approved with exceptions an amendment to Wyoming's regulations for coal exploration by drilling (SATS No. WY-050-FOR). In the final rule under "Revisions to Wyoming's Rules That We Are Not Approving," we listed several provisions containing typographical errors that Wyoming would need to correct through a future program amendment.
Comments close Jul 28, 2025
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is proposing to rescind the "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" Rule adopted on April 9, 2024. We are undertaking this change to align the regulations with the single, best meaning of the statutory language in the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This proposed rule would streamline the process for OSMRE's coordination with State regulatory authorities to minimize duplication of efforts in the administration of SMCRA and appropriately recognize that State regulatory authorities are the primary regulatory authorities of non-Federal, non-Indian lands within their borders. We solicit comment on all aspects of this proposed rule.
Comments close Jul 16, 2025
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature--House Bill 616 (HB 616). The amendment to the Montana coal program regulations proposed that predictive modeling, along with monitoring data, may be included in a permittee's bond release application to prove compliance with their approved reclamation plans. Furthermore, Montana proposed that it may retain a portion of a bond for areas that are contributing suspended solids. HB 616 also included contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause.
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). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature--Senate Bill 365 (SB 365). The amendment to the Montana coal program regulations clarifies that, if a siltation structure's capacity is exceeded because of an extraordinary series of storms, an operator will not have violated the siltation structure construction requirements if the siltation structure was constructed consistent with the design capacity requirements in the applicable Administrative Rules of Montana (ARM) and the operator actively undertakes measures to restore pond capacity as soon as weather and ground conditions permit. SB 365 also includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving two amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia proposed revisions to the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), codified at Title 22, Article 3, of the West Virginia Code (W. Va. Code), along with revisions to its administrative regulations promulgated in the West Virginia Code of State Rules (CSR) that relate to electronic permit filing, pre-subsidence surveys, and issuance of show cause orders, certain fees for surface mining permits and related authorizations, and other miscellaneous topics. We tentatively approved the provisions relating to permitting fees through an interim rule we promulgated on June 29, 2011, which became effective on July 14, 2011. With this rule, our approval of those provisions is now final.
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). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature House Bill 587 (HB 587). The proposed amendment provides a new definition of "Material damage" with respect to the hydrologic balance, alluvial valley floors, and subsidence. It also creates an option for a permit applicant to provide self-collected information related to its determination of probable hydrologic consequences, if an appropriate Federal or State agency cannot provide such information. Finally, HB 587 includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, an effective date clause, and a retroactive applicability clause.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Kentucky regulatory program (hereinafter, the Kentucky program), under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). OSM is approving revisions to Kentucky's administrative regulations that reflect the repeal of its interim program regulations and make unrelated editorial updates and corrections.
The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of the direct final rule entitled, "Backfilling and Grading," which was originally published on November 28, 2025. The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations that were suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received two comments that required further review and consideration to determine whether the comments warranted a response or the withdrawal or modification of the final rule. After further review and consideration, OSM determined that these comments were not significant adverse comments and is confirming the effective date of this rule.
The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of March 30, 2026, for the direct final rule entitled, "General Reclamation Requirements," which was published in the Federal Register on November 28, 2025. The direct final rule revised the Federal regulations to rescind obsolete language requiring compliance with the regulations when funding reclamation projects with prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but were never appropriated by Congress. During the comment period, OSM received comments that required further review and consideration to determine whether the comments warranted a response, or the withdrawal or modification of the final rule. After further review and consideration, OSM determined that these comments were not significant adverse comments and is confirming the effective date.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are publishing this final rule to amend the existing Federal Lands Cooperative Agreement between West Virginia and the U.S. Department of the Interior (Department). The Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) and the Federal regulations authorize a State with an approved permanent regulatory program to enter into an agreement for the State regulation of surface coal mining and reclamation operations on Federal lands. West Virginia's existing cooperative agreement with the Department was adopted in February 1984, to allow for the State regulation of SMCRA on Federal lands within West Virginia under its approved permanent regulatory program (the West Virginia program).
The Office of Surface Mining Reclamation and Enforcement ("OSMRE" or "OSM") is rescinding the "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" rule adopted on April 9, 2024 (the "2024 Rule"), and replacing it, in large part, with the rule titled, "Clarification of Provisions Related to the Issuance of Ten-Day Notices to State Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program Issues," which was first adopted on November 24, 2020 (the "2020 Rule"). This final rule does make some minor modifications to the 2020 Rule to further streamline the process for OSM's coordination with State regulatory authorities, minimize duplication of efforts in the administration of the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"), and appropriately recognize that State regulatory authorities are the primary regulatory authorities for non- Federal, non-Indian lands within their borders.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the North Dakota regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposed amendments to its program based on changes to the North Dakota Century Code made by the State legislature that resulted in changes to the North Dakota Administrative Code for surface coal mining and reclamation operations. The changes added a perfected lien or security interest in real property to the definition of collateral bond. The changes also added conditions that must be met for real property pledged as collateral bond.
The Office of Surface Mining Reclamation and Enforcement (OSM) approves an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposed an addition to the Montana Code Annotated (MCA), which would revise and add regulations in the Administrative Rules of Montana (ARM) pertaining to ownership and control. These changes were required by an October 2, 2009, letter from OSM to Montana and in response, Senate bill 92, was approved by the 2013 Montana Legislature. Montana also proposed other ARM revisions unrelated to ownership and control.
The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of January 27, 2026, for the direct final rule "Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines," published on November 28, 2025. The direct final rule lifts the suspension of the regulatory provision and revises the Federal regulations to remove paragraphs related to establishing a rebuttable presumption of causation for damage to any non-commercial building or occupied residential dwelling or structure related thereto that occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land. During the comment period, OSM received one substantive comment. That comment was not a significant adverse comment because it did not effectively challenge the rule's underlying premise or approach or explain why the rule would be inappropriate without a change. As a result, the comment does not warrant a delay of the effective date.
The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of January 27, 2026, for the direct final rule "Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures," published on November 28, 2025. The direct final rule removes paragraphs that required that all surface drainage from the disturbed area pass through a siltation structure before leaving the permit area. These provisions were struck down by a reviewing court in 1985 and have no legal effect but were never removed from the Code of Federal Regulations. During the comment period, OSM received one substantive comment. That comment was not a significant adverse comment because it did not effectively challenge the rule's underlying premise or approach or explain why the rule would be inappropriate without a change. As a result, the comment does not warrant a delay of the effective date.
The Office of Surface Mining Reclamation and Enforcement (OSM) is delaying the effective date of the direct final rule "Backfilling and Grading," published on November 28, 2025. The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations, which was suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received comments that require further review and consideration to determine whether they are significant adverse comments warranting a response, withdrawal, or modification of the final rule.
The Office of Surface Mining Reclamation and Enforcement (OSM) is delaying the effective date of the direct final rule "General Reclamation Requirements," published on November 28, 2025. The direct final rule revised the Federal regulations to rescind language requiring compliance with the regulations when funding reclamation projects with prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress. During the comment period, OSM received comments that require further review and consideration to determine whether they are significant adverse comments warranting a response, withdrawal, or modification of the final rule.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), approve an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the Pennsylvania program by adding language consistent with section 5 of the Bituminous Mine Subsidence and Land Conversation Act, which specifies circumstances where a finding of presumptive evidence of potential pollution under the Commonwealth's Clean Streams Law is not warranted.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Texas regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes administrative revisions to its regulations to update, correct, and clarify existing rules. These proposals include changing language to gender neutral, updating terms and definitions for consistency with existing Federal and State regulations, and correcting and updating references.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), approve in part an amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment makes changes to the West Virginia Code of State Rules (CSR), authorized under the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), relating to bonding requirements for operations seeking permit renewals, topsoil, inactive status, and contemporaneous reclamation.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), approve in part amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). These amendments make changes to the West Virginia Coal Mining and Reclamation Act (WVSCMRA), the Code of West Virginia (W.Va. Code), and the West Virginia Code of State Rules (CSR). We approve 12 provisions, approving with understanding 5 provisions, and not approving 1 provision.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises Ohio's regulations to remove the requirement that a coal mining permit application include either the employment identification number or the last four digits of the Social Security number of a resident agent.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving in part an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment addresses regulations regarding water replacement provisions that were disapproved by us in 2005.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) as contained in House Bill 4758 of 2022. The revisions require the West Virginia Department of Environmental Protection (WVDEP) to develop and maintain a database to track reclamation liabilities, including water treatment, at coal mining operations in the state of West Virginia that were permitted after August 3, 1977, and for which the SMCRA permit has yet to be completely released. The database of reclamation liabilities will serve to inform management and operation of WVDEP's Special Reclamation Program.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment proposes to revise the Pennsylvania program to comply with four required amendments and to correct a provision we previously disapproved. The proposed amendment also includes revisions to Pennsylvania's program, including effluent limitations for bituminous underground coal mines, temporary cessation, the definition of Surface Mining Activities, civil penalties, and administrative requirements, as well as other administrative updates and non-substantive corrections.
The Office of Surface Mining Reclamation and Enforcement (OSMRE) adjusts for inflation its civil monetary penalties assessed under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and its implementing regulations. OSMRE takes this regulatory action pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), and Office of Management and Budget guidance.
In accordance with the Presidential Memorandum of January 20, 2025, titled "Regulatory Freeze Pending Review," this action temporarily delays the effective date of the Wyoming and Montana Regulatory Program amendments.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), published a document in the Federal Register on March 18, 2024, approving in part, and not approving in part, amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We made an error in the document by overwriting a provision that should not have been removed; instead, we should have added a new paragraph under the not approved section. Additionally, we did not include a provision in the table where our approvals were listed. We published a correction to the March 18, 2024, Federal Register document on August 28, 2024, but because the March 18 revisions had already become effective, the amendatory instructions became erroneous and the August 28, 2024, corrections could not be incorporated into the Code of Federal Regulations. This document corrects the final regulations.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, in part, and denying, in part, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSMRE on its own initiative in response to a State law passed by the Montana Legislature (House Bill (HB) 576). The proposed amendment generally concerns proposed changes to the definition of material damage and changes to permit requirements related to hydrologic information.
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming regulatory program (hereinafter, the Wyoming Program or Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On its own initiative, the Wyoming Land Quality Division (LQD), in response to State legislative changes enacted in 2020, proposed rules to its Program that facilitate the disposal of inert decommissioned wind turbine blades and towers as backfill in end walls or the final pit voids in surface coal mining operations. In addition, Wyoming has updated Chapter 2 of its Coal Rules, titled "Permit Application Requirements for Surface Coal Mining Operations," to provide consistency with the Wyoming Secretary of State's Rules on Rules, as well as correct grammatical errors.
