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

Document 2026-01570 is a Final Rule published by the Department of Interior in the Federal Register on January 27, 2026, with an effective date of January 27, 2026. 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. View the original at https://www.federalregister.gov/documents/2026/01/27/2026-01570/rescission-of-portions-of-permanent-program-performance-standards-related-to-siltation-structures.

No. Document 2026-01570 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.