Rule2025-20019
Ohio Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2025
Effective
December 17, 2025
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51112-51115]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20019]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[SATS No. OH-263-FOR; Docket ID: OSM-2021-0002; S1D1S SS08011000
SX064A000 252S180110; S2D2S SS08011000 SX064A000 25XS501520]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: 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.
DATES: The effective date is December 17, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas J. Koptchak, Field Office
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation
and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220; Telephone:
(202) 513-7685; Email: <a href="/cdn-cgi/l/email-protection#96e2fdf9e6e2f5fef7fdd6f9e5fbe4f3b8f1f9e0"><span class="__cf_email__" data-cfemail="44302f2b3430272c252f042b372936216a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews
I. Background on the Ohio Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its approved State program includes, among other things, State laws and
regulations that govern surface coal mining and reclamation operations
in accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the Ohio program on
August 10, 1982 (effective August 16, 1982). You can find background
information on the Ohio program, including the Secretary's findings,
the disposition of comments, and conditions of approval of the Ohio
program in the August 10, 1982, Federal Register (47 FR 34717). You can
also find later actions concerning the Ohio program and program
amendments at 30 CFR 935.10, ``State regulatory program approval;''
935.11, ``Conditions of State regulatory program approval;'' and
935.15, ``Approval of Ohio regulatory program amendments.''
II. Submission of the Amendment
By letter dated January 8, 2021 (Administrative Record No. OH
2199.01), Ohio sent us a proposed amendment to the Ohio program. The
proposed amendment would revise the Ohio program regulations at Ohio
Administrative Code (OAC) sections 1501:13-4-03 and 1501:13-5-01. The
proposed amendment seeks to: (1) remove the requirement that a coal
mining permit application include the employer identification number or
the last four digits of the Social Security number (SSN) of a resident
agent listed in the application; and (2) make one unrelated editorial
correction.
We announced receipt of the proposed amendment in the Federal
Register on April 28, 2021 (86 FR 22370). In the same document, we
opened the public comment period and provided an opportunity for a
public hearing or meeting on the adequacy of the amendment. No hearing
or meeting was requested, and, therefore, neither was held. The public
comment period ended on May 28, 2021. We received no comments.
III. OSMRE's Findings
The following are the findings we made concerning the amendment
under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. As
described
[[Page 51113]]
below, we are approving the amendment.
OAC 1501:13-4-03 Permit Applications; Requirements for Legal,
Financial, Compliance and Related Information
Ohio has proposed revising the regulations at OAC 1501:13-4-
03(B)(1) by removing resident agent from the list of persons for whom a
coal mining permit application must provide either an employer
identification number or the last four digits of an SSN. Additionally,
Ohio has proposed amending OAC 1501:13-4-03(B)(4) to require that each
application other than a single proprietorship contain the name,
address, and telephone numbers of the resident agent of the applicant
who will accept service of process.
The requirement that an application provide an employer
identification number or SSN for a listed resident agent was first
proposed in the Federal regulations on May 28, 1987 (52 FR 20032) and
finalized in our rulemaking on March 2, 1989 (54 FR 8982), which was
commonly referred to as the ``permit information rule.'' That
rulemaking revised section 30 CFR 778.13, ``Identification of
interests,'' to add the SSN or employer identification number
requirement along with a list of other persons or entities other than
the applicant that would be required to provide this additional
information. In that rule, we also explained that, because a taxpayer
identification number (TIN) can either be a SSN or an employer
identification number, we replaced ``taxpayer identification number''
from the proposed rule with the term ``employer identification number''
to avoid confusion. See id. at 8983.
After the new rules were published, the rulemaking became the
subject of litigation, which resulted in the U.S. Court of Appeals for
the D.C. Circuit invalidating our 1989 permit information rule in its
entirety on grounds unrelated to the provision at issue here. See
National Mining Ass'n v. Interior, 105 F.3d 691 (D.C. Cir. 1997).
We subsequently announced a new proposed rule in the Federal
Register on December 21, 1998 (63 FR 70580). During the public comment
period, we received comments stating that collection of this
information would be burdensome for many of the listed parties, and
commenters also challenged the legality of the provisions. In response,
we removed in the final rule the resident agent from the list of those
entities for which an application was required to provide an employer
identification number or SSN. The final rule published on December 19,
2000 (65 FR 79582).
As part of the revision, this section was renumbered from section
778.13 to section 778.11 and renamed ``Providing applicant and operator
information.'' In 30 CFR 778.11, we required simply the taxpayer
identification number, explaining that this term means the SSN, for
individuals and the employer identification number for businesses.
Ohio is making these changes to the OAC to mirror the revised
Federal regulations at 30 CFR 778.11. After the proposed provisions are
revised, a resident agent will remain on the list of entities that need
to provide contact information for permitting purposes under the
addition to subsection (B)(4). The permit application will no longer be
required to include the registered agent's employer identification
number or the last four digits of their SSN. Ohio also asserts that
this information is not necessary for its own purposes, and, therefore,
the proposed revisions would make no changes that affect its approved
program.
OSMRE Finding: We have determined that the revised provisions OAC
1501:13-4-03(B)(1) and (B)(4) are substantively identical to, and,
therefore, no less effective than, the Federal regulations at 30 CFR
778.11. With these changes Ohio seeks consistency with the Federal
regulations and is simplifying the permitting process by removing
unnecessary information from the application. Therefore, we are
approving the revisions to OAC 1501:13-3-03.
Additionally, while reviewing this amendment we noticed that we
have not before specifically addressed several minor revisions to
subsection (B) that Ohio made in 2009. Those revisions clarified that
an application need only include the employer identification number or
the last four digits of the SSN for those relevant persons, rather than
requiring the employer identification number for those relevant persons
and allowing the application to include the SSN only for those who
choose to provide them.
In our last two approvals of revisions to OAC 1501:13-4-03, which
both pre-date and post-date Ohio's 2009 revisions and our 2000
rulemaking, we found those provisions to be consistent with the Federal
regulations. On April 19, 1991, we found that OAC 1501:13-4-03(B)(1)
through (11) were ``identical in meaning'' to the corresponding Federal
regulations. See 56 FR 16004 (Apr. 19, 1991). In 2015, following a
complete side-by-side review of Ohio's regulations (that included
Ohio's 2009 revisions) compared with the Federal counterpart
provisions, we elaborated in our findings that ``[t]here are a few
changes not addressed in the Findings because they involve minor
clarifications or non-substantive corrections.'' 80 FR 63120 (Oct. 19,
2015). To remove any doubt as to the effectiveness of OAC 1501:13-4-03
as currently phrased, and to reiterate that providing full or partial
SSNs is not necessary in all cases, we clarify now that Ohio's 2009
revisions were ``minor clarifications or non-substantive corrections''
referenced in our 2015 approval.
OAC 1501:13-5-01 Review, Public Participation, and Approval or
Disapproval of Permit Applications and Permit Terms and Conditions
Ohio is also proposing to make a non-substantive change to a
reference contained within OAC 1501:13-5-01(E)(6). In response to
amendments passed by Ohio's State legislature in House Bill 64 (HB 64)
(approved June 30, 2015), 2015 Ohio Laws 11, Ohio added a new paragraph
to its regulations at OAC 1501:13-4-03(D)(2). This addition is the
subject of a separate program amendment, OH-256-FOR, which is pending
approval with OSMRE. See 85 FR 10638 (Feb. 25, 2020). If approved by
OSMRE, the provision currently known as 1501:13-4-03(D)(2) will become
1501:13-4-03(D)(3). In anticipation of this approval and subsequent
renumbering, Ohio has proposed to revise an existing reference to the
renumbered section at OAC 1501:13-5-01(E)(6).
OSMRE Finding: We do not typically need to approve editorial
updates to internal cross-references because either the reference
update occurs when we approve the underlying substantive revisions or
the prior reference was merely a typographical error and, therefore,
its fix is not a change to the approved State program. Because the
reference here relies on our decision on OH-256-FOR, we will, if
necessary, address this cross-reference in our future decision on that
amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment but received none.
Federal Agency Comments
On January 11, 2021, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Ohio
program
[[Page 51114]]
(Administrative Record No. OH 2199.02). We did not receive any
comments.
V. OSMRE's Decision
Based on the above findings, we are approving Ohio's program
amendment sent to us on January 8, 2021 (Administrative Record No. OH
2199.01).
To implement this decision, we are amending the Federal regulations
at 30 CFR part 935 that codify decisions concerning the Ohio program.
In accordance with the Administrative Procedure Act, this rule will
take effect 30 days after the date of publication.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not result in a taking of private property or
otherwise have taking implications that would result in private
property being taken for government use without just compensation under
the law. Therefore, a takings implication assessment is not required.
This determination is based on an analysis of the corresponding Federal
regulations.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance dated October
12, 1993 (OMB Memo M-94-3), the approval of State program amendments is
exempted from OMB review under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of section 3 of
Executive Order 12988. Section 3 is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction.
Because section 3 focuses on the quality of Federal legislation and
regulations, the Department limited its review under this Executive
Order to the quality of this Federal Register document and to changes
to the Federal regulations. The review under this Executive Order did
not extend to the language of the State regulatory program or to the
program amendment that the State of Ohio drafted.
Executive Order 13132--Federalism
This rule has potential Federalism implications as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Ohio, through its approved regulatory
program, implements and administers SMCRA and its implementing
regulations at the State level. This rule approves an amendment to the
Ohio program submitted and drafted by the State, and thus is consistent
with the direction to provide maximum administrative discretion to
States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the Federal Government and Tribes.
The basis for this determination is that our decision on the Ohio
program does not include Indian lands as defined by SMCRA or other
Tribal lands and does not affect the regulation of activities on Indian
lands or other Tribal lands. Indian lands under SMCRA are regulated
independently under the applicable Federal Indian program. The
Department's consultation policy also acknowledges that our rules may
have Tribal implications where the State proposing the amendment
encompasses ancestral lands in areas with mineable coal. This amendment
relates to information collected by Ohio about a registered agent in a
permit application and would not affect any lands; therefore, we have
concluded that no consultation based on ancestral lands is necessary.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a statement of
energy effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
a significant energy action under the definition in Executive Order
13211, a statement of energy effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the Department of the Interior's
Departmental Manual, part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required. This rule does allow Ohio to reduce its
information collection requirements consistent with the existing
Federal requirements.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject
of this rule, is based upon corresponding Federal regulations for which
an economic analysis was prepared and certification made that such
regulations would not have a significant economic effect upon a
substantial number of small entities. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied upon the data and assumptions for the corresponding
Federal regulations.
Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2). This rule: (a)
does not have an annual effect on the economy of $100 million; (b) will
not cause a
[[Page 51115]]
major increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies, or geographic regions;
and (c) does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
determination is based on an analysis of the corresponding Federal
regulations, which were determined not to constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 935
Intergovernmental relations, Surface mining, Underground mining.
Ben Owens,
Acting Regional Director, Interior Regions 1 & 2.
For the reasons set out in the preamble, 30 CFR part 935 is amended
as set forth below:
PART 935--OHIO
0
1. The authority citation for part 935 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 935.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 935.15 Approval of Ohio regulatory program amendments.
* * * * *
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Original amendment submission Date of final
date publication Citation/description
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OAC 1501:13-4-03(B)(1), (B)(4).
* * * * * * *
January 8, 2021.................. November 17, 2025...
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[FR Doc. 2025-20019 Filed 11-14-25; 8:45 am]
BILLING CODE 4310-05-P
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