Rescission of Portions of Permanent Program Performance Standards Related to Siltation Structures

Document 2025-21441 is a Final Rule published by the Department of Interior in the Federal Register on November 28, 2025, with an effective date of January 27, 2026. 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. View the original at https://www.federalregister.gov/documents/2025/11/28/2025-21441/rescission-of-portions-of-permanent-program-performance-standards-related-to-siltation-structures.

No. Document 2025-21441 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.