Rule2026-21807
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
October 26, 2026
Effective
November 25, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). OSM is approving Ohio's proposal to add, rescind, or modify 39 rules under the Ohio Administrative Code that relate to, among other things: permit applications, hydrologic map and cross-sections, general map requirements, requirements for permits for special categories of mining, underground mining permit application, small operator assistance program, and self-bonding.
Full Text
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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Rules and Regulations]
[Pages 67202-67211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21807]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 935
[SATS No. OH-258-FOR; Docket No. OSM-2017-0005; S1D1S SS08009000
SX064A000 278S180110; S2D2S SS08009000 SX064A000 27XS501520; S2R2B
SS08009000 SX064A000 22XS5015I]
Ohio Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approving.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving an amendment to the Ohio regulatory program (Ohio program)
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). OSM is approving Ohio's proposal to add, rescind, or modify
39 rules under the Ohio Administrative Code that relate to, among other
things: permit applications, hydrologic map and cross-sections, general
map requirements, requirements for permits for special categories of
mining, underground mining permit application, small operator
assistance program, and self-bonding.
DATES: The effective date is November 25, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Tom 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#fb8f90948b8f98939a90bb948896899ed59c948d"><span class="__cf_email__" data-cfemail="c0b4abafb0b4a3a8a1ab80afb3adb2a5eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Ohio Program
II. Submission of the Amendment
III. OSM's Findings
A. New Rules
B. Rescission of Self-Bonding
C. Minor Revisions and Minor Non-Substantive Changes to Ohio
Rules
D. Revisions to Ohio's Rules That Are No Less Effective Than the
Corresponding Provisions of the Federal Regulations
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
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); 30 CFR 730.5 and 732.15(a). Based on
these criteria, the Secretary of the Interior conditionally approved
the Ohio program on August 16, 1982. You can find background
information on the Ohio program, including the Secretary's findings,
the disposition of comments, and conditions for approval of the Ohio
program in the August 10, 1982, Federal Register (47 FR 34688). You can
also find later actions concerning the Ohio program and program
amendments at 30 CFR 935.11, 935.12, 935.15, and 935.16.
II. Submission of the Amendment
By letter dated November 30, 2015 (Administrative Record No. OH-
2194-01), the Ohio Department of Natural Resources (ODNR), Division of
Mineral Resources Management (DMRM), sent us an amendment to its
approved program under SMCRA (30 U.S.C. 1201 et. seq.) seeking to
revise 39 rules of the Ohio Administrative Code (OAC). This submittal
was prompted by requirements of Section 106.3 of the Ohio Revised Code
that all Ohio agencies must review their administrative rules every
five years.
OSM announced receipt of the request in the May 4, 2020, Federal
Register (85 FR 26413) (Administrative Record No. OH-2194-07). In the
same document, OSM opened the public comment period and provided an
opportunity for a public hearing or meeting on the adequacy of the
amendment. OSM did not hold a public hearing or meeting because none
was requested. The public comment period ended on May 19, 2020. No
comments were received.
III. OSM's Findings
OSM made the following findings concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. OSM is
approving the amendment as described below. Any revisions not
specifically discussed are non-substantive wording or minor editorial
changes to previously approved rules that are no less effective than
the Federal regulations. The full text of the approved amendment is
available online at <a href="http://www.regulations.gov">www.regulations.gov</a>.
A. New Rules
OAC 1501:13-4-08.1 Application, Supplemental and Hydrologic Maps, and
Cross-Sections, Designs and Plans for Underground Workings
Ohio promulgated this new regulation for underground workings as a
companion rule to OAC 1501:13-4-08, which formerly related only to
hydrologic maps and cross-sections, but
[[Page 67203]]
which Ohio has also revised to include the requirements for maps,
cross-sections, designs and plans for surface coal mining operations
and surface operations of underground mines. This new rule includes
mapping requirements applicable to underground workings only. Like the
revisions to OAC 1501:13-4-08, which OSM addresses and approves below,
Ohio used subsections (J) and (K) of OAC 1501:13-4-04 and 1501:13-4-13,
which Ohio removed from those rules, and the hydrologic maps and cross
section requirements of OAC 1501:13-4-08, as the baseline for this
rule. Ohio modified those provisions to account for the fact that this
new rule pertains only to underground workings. For reasons OSM
explains more below in our findings, OSM will only describe the
modifications Ohio made to those baseline provisions as they appear in
Ohio's new version of OAC 1501:13-4-08.
First, in all but three instances (of which specifically required
the term ``permit area'') Ohio replaced the term ``permit area'' with
the term ``shadow area,'' which is defined at OAC 1501:13-1-02(ZZZZZ)
to mean the surface areas above the underground workings and surface
areas within the angle of draw of such workings. Ohio did not include
the requirements to show certain features that are specific to surface
mining operations and not relevant to areas of underground workings,
such as areas of prime farmland, identification of certain surface
mining methods, drainage control features, haul roads, highwalls and
slopes, and coal storage and cleaning areas. Ohio also eliminated the
requirement that the map show the location and extent of subsurface
water, noting that the requirement to show this feature on the cross-
sections still exists at subsection (F)(1), and replaced the phrase
``coal crop lines'' with ``coal contour lines.'' Ohio revised the
requirement to show the location and extent of known workings of
inactive or abandoned underground mines to also include other active
underground mines.
Of the supplemental maps and cross-sections requirements at
subsection (B), Ohio has only retained the requirement to show the
nature, depth and thickness of the coal seams to be mined, each stratum
of the overburden, and the stratum immediately below the lowest coal
seam to be mined. Ohio also added a proviso that DMRM may request other
relevant supplementary materials.
For the hydrologic map requirements at subsection (C), Ohio added
language to require the map to include the area within one thousand
feet of the proposed shadow area for full coal recovery mining
operations and within three hundred feet of the proposed shadow area
for room and pillar mining, as well as the following features in those
areas: all occupied buildings, perennial and intermittent streams,
springs, seepage zones, water wells, and any well, well field,
reservoir, river, or other water source used for a public water supply.
Under subsection (D), Ohio added water supplies, sampling stations, and
monitoring stations to the list of items for which DMRM may require
additional information outside the area limits described above, and
added water wells to the list of features that do not need to be shown
on the hydrologic map when they are located beyond an intermittent or
perennial stream located within one thousand feet of the proposed
permit area and the lowest coal seam to be mined is at a higher
elevation than the stream. Under subsection (F), Ohio revised the
introductory language to specify that one or more hydrologic cross-
sections may be required to adequately provide the information required
under that rule.
OSM Finding: The Federal regulations at 30 CFR 784.23(a) require
that maps, plans and cross-sections for underground mining permit
applications must show the underground mining activities to be
conducted, the lands to be affected throughout the operation, and any
change in a facility or feature to be caused by the proposed operations
if the facility or feature was shown on the maps or cross-sections
required under 30 CFR 783.24 and 783.25. In promulgating this
requirement, OSM explained that it is distinct from, and supplementary
to, the requirements under subsection (b), which relates to features of
the proposed permit area. See 44 FR 14902, 15077 (Mar. 13, 1979).
Subsections (a) and (b) operate together to give the regulatory
authority an overview of the entire operation, which is necessary to
assess its cumulative impacts. Id. The Federal regulations do not
otherwise enumerate the specific information an applicant must provide
for underground workings, but uses the general requirements for maps,
plans, and cross-sections relevant to the proposed permit area as a
frame of reference. In that way, Ohio's new rule is no less effective
than the Federal rule at 30 CFR 784.23(a). OSM finds that the
provisions of Ohio's new rule at OAC 1501:13-4-08.1 capture all the
requirements from its existing rules for surface operations of
underground mines that are relevant to underground workings and the
areas and features above those workings that could be impacted by the
underground mining operations, and that the proposed rules adequately
authorize DMRM to require additional information as necessary. OSM also
approves other modifications Ohio made to this rule that OSM did not
discuss above because they are either minor or are revisions to Ohio's
existing program that Ohio also made to the companion rule at OAC
1501:13-4-08, which OSM addresses and approves below.
B. Rescission of Self-Bonding
OAC 1501:13-7-04 Self Bonding (and Related Provisions)
Ohio is rescinding this rule in its entirety because DMRM has
determined that it will no longer accept self-bonds as a form of
performance security. In justifying its rescission, DMRM noted that
self-bonding has never been used in Ohio. DMRM also referred to the
coal industry's financial health, reflected by several bankruptcies, as
a rationale for not accepting self-bonds in the future. With the
rescission of this rule, Ohio also deleted the term ``self-bond'' from
the definition of the term performance security at OAC 1501:13-1-
02(IIII), the defined term self-bond at subsection (VVVVV) of that
rule, and references to self-bonds at the following rules under Chapter
7 of the DMRM's coal mining regulations (related to performance
security): OAC 1501:13-7-01(E)(4) (regarding the responsibilities of
the chief of DMRM); OAC 1501:13-7-03(A)(3) and (C)(2) (regarding form,
conditions, and terms of performance security); subsection (B)(4)(a) of
both OAC 1501:13-7-05 and -05.1 (regarding release of performance
security); and OAC 150:13-7-06(C)(4)(c) (regarding forfeiture of
performance security). In 2022, Ohio deleted an additional reference to
the self-bonding rule from OAC 1501:13-7-03(B)(3).
OSM Finding: OSM approves the rescission of OAC 1501:13-7-04
because neither Section 509 of SMCRA nor its implementing regulations
at 30 CFR part 800 require state regulatory authorities to accept self-
bonding under their regulatory program. OSM's Final Rule relating to
self-bonding published in the August 10, 1983, Federal Register (48 FR
36418) explains that the regulatory authority reserves the ultimate
discretion whether or not to accept self-bonding. A State's discretion
and flexibility to prescribe the type of performance bond that it find
acceptable is further codified in the Federal regulations at 30 CFR
800.12 and
[[Page 67204]]
800.23. Therefore, Ohio's bonding regulations remain as effective as
the Federal regulations in meeting the requirements of SMCRA without
OAC 1501:13-7-04 and the related provisions from OAC 1501:13-1-02, and
Chapter 7 (Performance Security), and OSM approves the deletion. OSM
also approves Ohio's subsequent deletion of a reference to self-bonding
at OAC 1501:13-7-03(B)(3) in 2022. Even though this provision was not
made until after publication of the proposed rule in the 2020 Federal
Register notice, OSM finds that it is materially consistent with the
revisions that were the subject of that notice, and that providing
additional notice and public procedure under section 553 of the
Administrative Procedure Act (APA) is impracticable, unnecessary, and
contrary to public interest in light of our findings. See 5 U.S.C.
553(b)(B).
C. Minor Revisions and Minor Non-Substantive Changes to Ohio Rules
Ohio made minor and non-substantive revisions to the following
provisions:
------------------------------------------------------------------------
Federal regulation/
State regulation counterpart Revisions
------------------------------------------------------------------------
OAC 1501:13-1-01 Effective date 30 CFR 701.11..... (C)(4)(a) and (b)
and applicability. revised to
incorporate two
new rules related
to valid existing
rights, 1501:13-3-
01 and 1501:13-3-
02, and approved
at SATS No. OH-
252-FOR.
OAC 1501:13-1-13 Rule references None.............. Example references
to OAC1501:13-4-
04 were revised
due to changes in
paragraph
numbering.
OAC 1501:13-1-14 Incorporation None.............. References to
by reference. Federal laws and
regulations
updated.
OAC 1501:13-3-01 Standards for 30 CFR References to the
demonstration of valid existing 761.5(b)(2)(iv). life-of-mine map
rights. have been updated
as these
requirements are
being relocated
to OAC 1501:13-4-
08 and 1501:13-4-
08.1.
OAC 1501:13-4-12 Requirements 30 CFR 785.17..... (F)(2) revised to
for permitting special fix citations to
categories of mining. OAC 1501:13-4-04
and 1501:13-4-13.
OAC 1501:13-6-03 Small operator 30 CFR 795.9(b)(3) References to
assistance program. cross section
maps and plans
have been
revised, as these
are being
relocated to OAC
1501:13-4-08 and
1501:13-4-08.1.
OAC 1501:13-8-01 Coal 30 CFR 815.15..... Reference to OAC
exploration; performance 1501:13-9-14
standards. corrected.
OAC 1501:13-9-02 Casing and 30 CFR 816.13, Minor, editorial
sealing of drilled holes. 816.15, 817.13, corrections/
and 817.15. revisions.
OAC 1501:13-9-11 Protection of 30 CFR 816.97 and Rephrased using
fish, wildlife, and related 817.97. language from
environmental values. subsection (f) of
the Federal
rules.
OAC 1501:13-9-16 Cessation of 30 CFR 816.131 and Minor, editorial
operations. 816.132. corrections/
revisions and the
addition of a
citation to ORC
Chapter 1513.
OAC 1501:13-10-01 Roads: 30 CFR 816.151 and Minor, editorial
performance standards. 817.151. corrections/
revisions to
adopt phrasing
from subsection
(d)(6) of the
Federal rules.
OAC 1501:13-12-01 Underground None.............. Minor revisions to
operations. ensure that
underground
operations comply
with all relevant
provisions of ORC
Chapter 1513
rather than only
the permit
requirements at
ORC 1513.35.
OAC 1501:13-13-03 Operations on 30 CFR 823.14..... Minor, editorial
prime farmland. corrections/
revisions and to
adopt phrasing
from subsection
(b) of the
Federal rule.
OAC 1501:13-14-01 Inspections... 30 CFR part 840... Removed outdated
phrase
``Conducted under
a D-permit''; all
coal mining in
Ohio now uses D-
permits.
------------------------------------------------------------------------
OSM Finding: OSM has determined that these minor, editorial
revisions do not affect the meaning or effectiveness of Ohio's
regulations, which continue to be no less effective than the Federal
regulations at meeting the requirements of SMCRA, and OSM therefore
approves them.
D. Revisions to Ohio's Rules That Are No Less Effective Than the
Corresponding Provisions of the Federal Regulations
OAC 1501:13-1-10 Availability of Records
In 2009, Ohio deleted language from subsection (B)(2) that required
certain county offices in counties where mining is occurring or
proposed to occur, but in which DMRM does not maintain its own office,
to either make copies of certain records available for public
inspection or make available a description of information available for
copying and mailing to requestors. Ohio's revision would have put the
sole responsibility for making those records available on the DMRM
district office responsible for inspection of the operation, in
whichever county that office happens to be located. In 2016, as part of
this current program amendment, Ohio restored the language it had
deleted in 2009. Additionally, Ohio revised subsection (B)(2)(b) and
added subparagraphs (b)(i) and (b)(ii), to make a distinction between
requestors who are residents of the area where the mining is occurring
and those who are not. Subparagraph (b)(i) provides that if the
requestor is a resident of the area where the mining is occurring, DMRM
will provide copies of the requested documents at no charge, and
subparagraph (b)(ii) provides that for other individuals requesting
copies of the records, DMRM will comply with ODNR's policy in charging
a fee for copies.
OSM Finding: Ohio submitted its 2009 revisions as part of a program
amendment that OSM docketed at SATS No. OH-252-FOR. Subsequent to that
submission, OSM notified Ohio of the requirement at 30 CFR 840.14(c)
that requires that the records (or the description thereof) be
available at a Federal, State or local government office in the county
where the mining is occurring or proposed to occur, and Ohio restored
the language it had deleted in order to keep its rule as
[[Page 67205]]
effective as the Federal rule. In the program amendment docketed at
SATS No. OH-252-FOR, OSM deferred its decision on Ohio's 2009 revision
until OSM could address it together with Ohio's 2016 correction. See 91
FR 51324, 51347 (Aug. 7, 2026). Because OSM had not approved Ohio's
2009 revision, it had not taken effect. See 30 CFR 732.17(g).
Therefore, OSM need not approve Ohio's correction but reiterates that
Ohio's corrected rule continues to be as effective as the Federal rule
at 30 CFR 840.14(c). Secondly, OSM notes that 30 CFR 840.14(c)(2)
requires only that in providing copies by mail, the regulatory
authority must provide such copies at its own expense at the request of
residents of the area where mining is occurring or proposing to occur.
Therefore, Ohio's election to provide copies at no charge for residents
and at a fee consistent with ODNR policy for nonresidents is no less
effective than the Federal rule, and OSM approves Ohio's revisions to
OAC 1501:13-1-10(B)(2)(b).
OAC 1501:13-4-03 Permit Applications; Requirements for Legal,
Financial, Compliance and Related Information
Ohio revised subsection (D)(2) to narrow when a permit applicant
mining a private mineral estate that has been severed from the private
surface estate must submit a consent for right of entry from the
landowner, a document of conveyance that expressly grants or reserves
the right to extract the coal, and/or other documentation acceptable
under state law that demonstrates that the applicant has that legal
right. Ohio's revisions to subsection (D)(2) and its subordinate
clauses add that such documents are required when surface disturbance
will result from the applicant's proposed use of surface mining
methods, and that the documents demonstrate that the landowner consents
to, or the other documents convey the right to, cause the surface
disturbance. Ohio also revised subsections (E)(3) and (E)(4) to specify
that the distance limitations of coal mining operations from occupied
dwellings and roads are measured horizontally.
OSM Finding: Ohio's revisions to this rule reflect revisions to
Ohio's statutes at ORC 1513.07(E)(2) and ORC 1513.073 from Ohio House
Bill 163 (approved June 30, 2011), 2011 Ohio Laws 36, which OSM
approved in a separate program amendment docketed at SATS No. OH-252-
FOR. See 91 FR 51324, 51343 (Aug. 7, 2026). OSM incorporates its
discussion of those revisions here and approves the revisions to OAC
1501:13-4-03.
OAC 1501:13-4-04 Permit Application Requirements for Information on
Environmental Resources
Ohio added subsection (D)(6), which consists of numerous provisions
that outline the methodology a permit applicant must use to identify
seasonal variations for groundwater and surface water, including a
process for collection and submission of water samples and a table
showing periods throughout the year that exhibit low flow, transition
flow, intermediate flow, and high flow conditions.
In addition, Ohio included the Division's Permitting and Hydrology
Policy/Procedure Directive 2002-2 (PPD 2000-2), so it would be applied
consistently to all statewide mining permit applications. Ohio also
added subsection (D)(7) to allow applicants to collect water quality
and quantity data in a manner other than described in subsection
(D)(6), so long as DMRM determines that the alternative data is
adequate to identify the necessary seasonal variations for the
hydrologic assessments required by ORC Chapter 1513 and its related
regulations.
Ohio deleted subsections (J) and (K), which contained the
requirements for maps, supplementary maps, cross-sections, designs and
plans, and moved those provisions to OAC 1501:13-4-08 (discussed
below), and a new rule at OAC 1501:13-4-08.1 (discussed above in Part
A).
OSM Finding: The proposed revisions relate to Ohio's requirements
for permit applications for information on environmental resources for
the proposed mining area. The Federal regulations at 30 CFR 780.21(b)
and 784.14(b) require that permit applicants include certain baseline
hydrologic information, including the seasonal quality and quantity of
groundwater and information on surface water quality and quantity
sufficient to demonstrate seasonal variation, with quantity
descriptions to include, at a minimum, baseline information on seasonal
flow rates. OSM has determined that the proposed revisions have no
Federal counterpart. Ohio incorporated these provisions into its
regulations from its guidance document entitled, ``Permitting and
Hydrology Policy/Procedure Directive 2002-2(PPD 2000-2)'' due to a 2007
State court decision in the matter Buckeye Forest Council, Inc. v. Div.
of Mineral Res. Mgmnt. 172 Ohio App.3d 440. In Buckeye, the Court of
Appeals of Ohio, Seventh Appellate District, found that Ohio's guidance
applied to all mining applications statewide, it constituted an
improperly promulgated rule that was therefore unenforceable (though
that issue was not outcome determinative to the case). Id. at 446-47.
Because Ohio simply adopted into regulation its existing guidance for
complying with its approved SMCRA program, OSM considers these
revisions non-substantive and find that they do not affect the meaning
or effectiveness of Ohio's program. This rule continues to be no less
effective than the Federal regulations requiring certain baseline
hydrologic information at 30 CFR 780.21(b) and 784.14(b) and no less
stringent than Section 507(b)(11) of SMCRA and are approved. OSM
addresses the map requirements from subsections (J) and (K) as they
appear in their new locations at OAC 1501:13-4-08 and -08.1 and
approves their deletion here.
OAC 1501:13-4-05 Permit Application Requirements for Reclamation and
Operation Plans
Ohio revised subsection (A)(2)(b) to require that certain
facilities that the applicant proposes to retain on the property after
the completion of reclamation be necessary for the approved postmining
land use. Ohio's revision restores the requirement to the version that
existed prior to April 30, 2009, when Ohio began to require that
retention of the facilities need only be approved by DMRM. Subsection
(G)(2) requires that the reclamation plan contain a copy of comments
from the surface landowner and relevant government authorities
concerning the proposed postmining land use. Ohio added a proviso to
this subsection to specify that this requirement will not apply where
no surface disturbance will result from proposed auger/highwall mining.
Ohio also added subsection (H)(7) to incorporate by reference Soil
Conservation Service Technical Release No. 60 and direct the reader to
OAC 1501:13-9-04(H)(1)(a) for information on obtaining a copy.
OSM Finding: OSM addressed Ohio's restoration of subsection
(A)(2)(b) in the program amendment docketed at SATS No. OH-252-FOR. In
OH-252-FOR, OSM explained that because Ohio restored the requirement as
OSM originally approved it, OSM did not need to address its deletion.
See 91 FR 51324, 51349 (Aug. 7, 2026). Likewise, OSM does not need to
further address its restoration.
Ohio explained that its new proviso for auger/highwall mining at
subsection (G)(2) was predicated on a related revision to its statutes
at ORC 1513.07(E) by Ohio House Bill 163, referenced above, that
written consent
[[Page 67206]]
for right of entry by the landowner (or written conveyance for the
right to mine) was required only where the mining would result in
surface disturbance. OSM also addressed that revision in OH-252-FOR,
where OSM explained that when an operation will not disturb the
surface, the surface rights owner will not be affected. Id. at 51349.
However, OSM added that in the case of room-and-pillar or auger mining,
access points would qualify as surface disturbance. In Ohio's Rule
Summary and Fiscal Analysis form dated November 2, 2015, which
accompanied the current revision, Ohio explained that ``the landowner
will have full, undisturbed use of the land above auger/highwall mining
before, during, and after mining'' and that even with the new proviso,
subsection (G)(2) remains as effective as the Federal provision at 30
CFR 780.23(c) because the proviso relates only to ``the area above a
highwall or auger mining operation that will not have surface
disturbance.'' Even though the text of the proviso itself does not make
this distinction between areas above the highwall and access points,
OSM approves this revision with the understanding that the proviso does
not apply to access points of these operations, which OSM explained in
OH-252-FOR constitute surface disturbance. Under Ohio's interpretation
of the proviso, subsection (G)(2) remains as effective as the Federal
rule at 30 CFR 780.23(c) at meeting the requirements of the Act and is
consistent with our approval of Ohio's revision to ORC 1513.07(E) in
OH-252-FOR, and OSM will continue to monitor Ohio's implementation of
this rule through our regular oversight function to determine whether
future clarification is necessary. Finally, Ohio's addition of
subsection (H)(7) has no substantive effect on Ohio's rules pertaining
to ponds, impoundments, banks, dams, and embankments included in the
reclamation plan and only provides additional reference for
informational purposes. Therefore, OSM approves it.
OAC 1501:13-4-08 Application, Supplemental and Hydrologic Maps, and
Cross-Sections, Designs and Plans
Ohio revised this rule, which formerly pertained only to hydrologic
maps and cross-sections, to also include the map, cross-section, design
and plan requirements for surface coal mining operations and the
surface operations of underground mines that Ohio deleted from
subsections (J) and (K) of both OAC 1501:13-4-04 (related to surface
mining permit applications) and 1501:13-4-13 (related to underground
mining permit applications). Subsection (A) relates to maps submitted
with the permit application, and subsection (B) relates to
supplementary maps, cross-sections, designs and plans. Ohio made
several additional revisions, such as replacing the phrase ``permit
area'' with ``proposed permit area'' and clarifying that certain
features must be shown if they are within the proposed permit area, and
certain other features must be shown if they are located in and within
a certain distance from the proposed permit area. Ohio revised
subsection (A)(25) to require that the application map show the
location of gas and oil wells in and within twenty-five feet of the
proposed permit area, rather than simply in the permit area, and the
location of producing gas and oil wells in and within three hundred
feet of the proposed permit area. With this revision, Ohio also
segregated out the requirement that the map show the location of water
wells into its own provision at subsection (A)(26).
OSM also deferred addressing revisions Ohio made to these
provisions in 2010 that were part of OH-252-FOR, referenced above. See
91 FR 51324, 51348 (Aug. 7, 2026). Ohio deleted from the provision that
now exists at subsection (A) that enabled an applicant to have its
application maps certified by an engineer and added language allowing
that they be certified by either a surveyor, or jointly by an engineer
and surveyor to the extent such joint certification is required by
State law. Similarly, Ohio deleted from the provision that now exists
at subsection (B)(2) language that enabled an applicant to have its
supplementary maps and cross-sections certified by a surveyor, now
allowing that they be certified by an engineer or jointly by an
engineer and a surveyor to the extent such joint certification is
required by State law.
Finally, Ohio re-lettered the existing hydrologic map and cross-
sections provisions as subsections (C)-(F) and revised internal
citations accordingly. Ohio also revised subsection (C)(11), which
required that the hydrologic map show all underground coal mine entries
within one thousand feet of the proposed permit area, to now require
the location and extent of known workings of active, inactive, or
abandoned underground mines, including mine openings to the surface,
within the proposed permit and adjacent areas.
OSM Finding: Ohio's transition to the phrase ``proposed permit
area'' and additional phrasing to denote whether a feature must be
within the proposed permit area are minor clarifications that reflect
our use of those qualifying phrases in the mapping requirements of 30
CFR Chapter VII, subchapter G. Ohio's revision to subsection (A)(25) to
extend the rule to gas and oil wells within 25 feet of the proposed
permit area, and out to 300 feet for producing gas and oil wells, is no
less effective than the corresponding Federal requirements at 30 CFR
779.25(a)(10) and 783.25(a)(10), which only requires showing gas and
oil wells within the proposed permit area. As OSM has explained before,
Section 505(b) of SMCRA, 30 U.S.C. 1255(b), provides the States
discretion to require more stringent regulations. Next, Ohio's
revisions to limit who prepares and certifies maps, plans and cross-
sections are no less effective than 30 CFR 779.25(b) and 783.25(b) at
meeting the requirements of the Act. As OSM explained when OSM
promulgated the Federal regulations, Congress amended SMCRA in 1983 to
allow the preparation and certification of maps, plans and cross-
sections to professional surveyors where authorized by State law. See
50 FR 16194 (Apr. 24, 1985). Ohio retains the discretion to direct
which components of its mapping requirements are prepared by
professional engineers, surveyors, or in combination, as appropriate
under State law. Finally, Ohio's decision to require the location and
extent of known workings of active, inactive, or abandoned underground
mines on its hydrologic maps, in addition to the existing requirement
to show the mine openings, is also no less effective than the Federal
requirements. The Federal regulations at 30 CFR 779.25(a)(5) and
783.25(a)(5) require those features to be shown on the application
maps, as does Ohio's regulation at subsection (A)(21), but does not
otherwise require those be shown on the hydrologic map. Accordingly,
OSM finds that Ohio's revisions to this rule render it no less
effective, and in some cases more stringent, than the Federal mapping
requirements of 30 CFR Chapter VII, subchapter G, and OSM approves
them.
OAC 1501:13-4-09 General Map Requirements
Ohio revised subsection (B) to specify that the map legend must
indicate which symbols from OAC 1501:13-4-10(C) appear on the map. Ohio
also revised subsection (D)(1) to include supplemental maps and
hydrologic maps in the list of map-types that could appear in the
title, which must describe the map.
OSM Finding: These revisions relate to Ohio's general requirements
for maps
[[Page 67207]]
submitted with permit applications for proposed mining operations. The
Federal regulations do not contain any specific requirements for map
legends nor titles. Consequently, each regulatory authority may provide
map legend or title requirements it believes will aid in the effective
implementation of its approved program. Therefore, the proposed
revisions are no less effective than the various mapping requirements
under 30 CFR Chapter VII, subchapter G, parts 777, 779, 780, 783 and
784, and no less stringent than Sections 507(b)(9), (b)(13) and (b)(14)
of SMCRA, and OSM approves them.
OAC 1501:13-4-10 Uniform Color Code and Map Symbols
In updating this rule, Ohio determined that its changes and
additions to the map symbols were significant enough that rescinding
the existing rule and replacing it with the amended version was
preferable to making line-by-line revisions. For our purposes, OSM
simply notes the differences between the previous rule and the new rule
as if they were revisions. Ohio revised subsection (A) to specify that
supplemental maps and hydrological maps must also use the uniform color
codes laid out in the rule. Ohio revised subsection (A)(3) to establish
a color code for area lines and shading designating existing
impoundments and wetlands, with the latter distinguished by whether the
wetlands have been verified by the U.S. Army Corps of Engineers or not,
and if they are proposed/restored/mitigated wetlands. Ohio revised
subsection (A)(4) to clarify that the streams to which it applies may
be perennial or intermittent, to change the coloring, and to add a
distinction for areas within 100 feet of a perennial or intermittent
stream where the buffer area will not be disturbed. Ohio also added
color codes for any shadow areas at new subsection (A)(7), and, on
annual maps, for remining areas affected during each mining year that
are not to be reaffected during the following mining year at new
subsection (B)(3). Finally, Ohio revised subsection (C) to add a
requirement that the size and location of each symbol must not obscure
other necessary information on the map, and to modify and add to the
list of uniform map symbols, which appear at paragraphs (1) through
(82) (up from thirty-nine).
OSM Finding: The Federal regulations do not contain any specific
requirements pertaining to mapping color codes or symbols. Like OSM
found above with map legends and titles, each regulatory authority may
provide color code or symbol requirements it believes will aid in the
effective implementation of its approved program. Therefore, the
proposed revisions are no less effective than the various mapping
requirements under 30 CFR Chapter VII, subchapter G, parts 777, 779,
780, 783 and 784, and no less stringent than Sections 507(b)(9),
(b)(13) and (b)(14) of SMCRA, and OSM approves them.
OAC 1501:13-4-11 Maps Showing Reaffection of Permit Area
In addition to some miscellaneous editorial updates and
corrections, Ohio revised subsections (B), (B)(2) and (B)(5) to restore
the use of the phrase ``valid existing rights,'' which Ohio had changed
to ``a valid right to the mineral resource'' in 2009.
OSM Finding: OSM need not discuss the substance of these
provisions, the reason for Ohio's 2009 change, which Ohio asserts was
in error, nor its subsequent reversal. OSM neither addressed nor
approved Ohio's 2009 revisions and, therefore, as mentioned elsewhere
in this amendment, OSM need not address Ohio's subsequent correction.
OAC 1501:13-4-13 Underground Mining Permit Application Requirements for
Information on Environmental Resources
Ohio made the same revisions to the mapping and seasonal variation
of water provisions to this rule that it made to OAC 1501:13-4-04, the
equivalent regulation for surface coal mining permit applications that
OSM discusses above.
OSM Finding: OSM incorporates its discussion above of those changes
here and approves the revisions to this rule for the same reasons.
OAC 1501:13-4-14 Underground Mining Permit Application Requirements for
Reclamation and Operations Plans
Like its companion rule for surface mining permits at OAC 1501:13-
4-05, addressed above, Ohio revised subsection (A)(2)(b) to require
certain facilities the applicant proposes to retain on the property
after the completion of reclamation be necessary for the approved
postmining land use. Ohio's revision restores the requirement to the
version that existed prior to April 30, 2009, when Ohio began to
require that retention of the facilities need only be approved by DMRM.
Ohio also added subsection (H)(7) to incorporate by reference Soil
Conservation Service Technical Release No. 60 and direct the reader to
OAC 1501:13-9-04(H)(1)(a) for information on obtaining a copy.
OSM Finding: As OSM discussed above, OSM need not address any
further Ohio's revisions restoring the requirements of subsection
(A)(2)(b). OSM also incorporates our findings from above regarding
Ohio's revision to subsection (H)(7) of OAC 1501:14-4-05, and OSM
approves the identical revision here for the same reasons.
OAC 1501:13-5-01 Review, Public Participation, and Approval or
Disapproval of Permit Applications and Permit Terms and Conditions
Ohio revised subsection (E)(6) to specify that DMRM must review the
permit application to ensure that the applicant has provided proper
right-of-entry documentation for areas where the proposed operation
results in surface disturbance. Ohio also revised subsection (G)(3),
which requires that each permit has a specific condition that coal
mining and reclamation operations are conducted only on those lands
specifically designated on maps submitted pursuant to certain rules, to
add a reference to its new mapping rule for underground workings at OAC
1501:13-4-08.1, which OSM approved above.
OSM Finding: As OSM explains above in our approval of revisions to
OAC 1501:13-4-03(D)(2), Ohio's revisions to this rule reflect revisions
to Ohio's statutes at ORC 1513.07(E)(2) and ORC 1513.073 from Ohio
House Bill 163 of 2011, which OSM approved in a separate program
amendment docketed at SATS No. OH-252-FOR. See 91 FR 51324, 51342-43
(Aug. 7, 2026). OSM incorporates our discussion of those revisions here
and approves this revision. OSM notes that Ohio made a subsequent
revision to a citation to OAC 1501:13-4-03 due to a revision Ohio made
to that rule in 2018. The 2018 revision, and by extension the 2020
correction, are part of a separate program amendment docketed at SATS
No. OH-256-FOR, and OSM does not make any determination on them here.
Ohio's revision to subsection (G)(3) does not substantively change
the rule's requirements, which OSM had already found as effective as
the corresponding Federal regulation at 30 CFR 773.17(a). The Federal
rule more broadly describes ``maps submitted with the application''
without enumerating the required maps. Ohio made a subsequent revision
to subsection (G)(3) that is a part of OH-256-FOR, and which OSM does
not address here.
OAC 1501:13-7-07 Liability Insurance
Ohio revised subsection (A) to allow a permit applicant with an
existing permit to include in a new permit
[[Page 67208]]
application a notarized certification recognizing that proof of
liability insurance, along with the rider required by subsection
(B)(3), exist in the applicant's central file for identity information
authorized by OAC 1501:13-4-03(J), in lieu of a separate, independent
certificate of insurance.
OSM Finding: The Federal regulations at 30 CFR 800.60 require that
an applicant must submit as part of its permit application a
certificate of insurance that meets the requirement of that rule,
including a rider that requires that the insurer notify the regulatory
authority whenever substantive changes are made in the policy including
termination or failure to renew. The Federal regulation does not
expressly provide that in lieu of that certificate, an operator may
provide a notarized certification that a certificate of insurance
exists in a central file that exists for the applicant. However, OSM
finds that this measure, meant to avoid duplication of documents for
applicants that hold several permits, is no less effective than the
Federal requirement, and OSM approves it. In promulgating 30 CFR
800.60, OSM specified in response to public comments that one policy
could cover multiple operations. See 48 FR 32910, 32958 (July 19,
1983). OSM approved Ohio's creation of the central file authorized by
OAC 1501:13-4-03(J) in 2015, noting that while it has no precise
Federal counterpart, that it provides an acceptable alternative means
for submitting, updating, and maintaining identification information.
See 80 FR 63120, 63123 (Oct. 19, 2015).
OAC 1501:13-9-01 Signs and Markers
Ohio limited the types of markers that may be used at the operation
to fence posts, trees, engineering lath or stakes by deleting from
subsection (C)(1) the phrase ``but shall not be limited to.'' Ohio also
revised the marker requirements for buffer zones at subsection (E) by
requiring those markers include orange and black stripes to distinguish
them from the solid orange required of other markers and require that
they clearly define the limits of the buffer zone so that adjacent
buffer zone makers are visible in either direction along the boundary.
Ohio also reduced the number of paragraphs from subsection (C) that
apply to buffer zones, eliminating the application of paragraphs (2),
(4), and (6), that apply to the permit boundary and permit area more
broadly, and added a reference to its rule describing buffer zones at
OAC 1501:13-9-04(E).
OSM Finding: The Federal regulations concerning signs and markers
at 30 CFR 816.11 and 817.11 only require that they are of uniform
design, can be easily seen and read, are made of durable material, and
conform to local ordinances and codes, among other general performance
standards. Regarding buffer zones, the Federal regulations require that
they are marked only along their boundaries. Ohio's revisions relate to
details that do not exist in the Federal regulations and do not
diminish Ohio's existing requirements, which OSM had originally found
to be as effective as the Federal regulations at the time OSM approved
of the Ohio program. Therefore, OSM approves these revisions.
OAC 1501:13-9-07 Disposal of Excess Spoil
Ohio revised subsection (K), which requires that underground
disposal of excess spoil occur according to a plan approved by DMRM and
MSHA under OAC 1501:13-4-14(N), by adding a citation to subsection (O).
Ohio also corrected applicable internal citations at subsection (M),
related to durable rock fills, and subsection (N), restoring an earlier
requirement that placement of spoil on preexisting benches meet the
engineering and design requirement of subsection (B). Also, at
subsection (N), Ohio disallows placement of excess spoil on the
downslope below the upper bench except on designated gravity transport
courses properly prepared according to OAC 1501:13-9-03. Ohio revised
this provision to add that the courses also be prepared according to
OAC 1501:13-9-14, which also contains requirements for postmining
graded slopes.
OSM Finding: OSM finds that none of the citations Ohio added or
revised in this rule changed the basic existing requirements that
already conformed to the Federal requirements at 30 CFR 816.71
(Disposal of excess spoil: General requirements), 816.73 (Disposal of
excess spoil: Durable rock fills) and 816.74 (Disposal of excess spoil:
Preexisting benches), and their correlating provisions in 30 CFR part
817. In restoring the requirement that design be certified by a
registered professional engineer, Ohio explained that it was unclear
why the reference was removed through a rulemaking in 1988, but that it
is required by subsection (c) of both 30 CFR 816.74 and 817.74. OSM
notes that OSM also did not approve its removal in 1988, so OSM
considers this correction typographical. Following Ohio's revisions,
OAC 1501:13-9-07 remains as effective as the Federal regulations in
meeting the requirements of the Act, and, therefore, OSM approves them.
OAC 1501:13-9-08 Protection of Underground Mining
Ohio added subsections (B) and (C) to this rule to create a two-
hundred-foot distance limitation between underground mining operations
and other active and abandoned underground mining operations, as well
as from coal exploration drilling operations. Ohio made a corresponding
revision to subsection (A) to clarify that subsection (A) regulates
surface mining operations.
OSM Finding: Neither of Ohio's new provisions require our approval
because they do not regulate activities subject to SMCRA and its
implementing regulations. Subsection (B) regulates the underground
activities of underground coal mining operations; it does not regulate
the surface operations or surface effects of underground mines
regulated by SMCRA. See 30 U.S.C. 1291(28). Subsection (C) regulates
the distance that must remain between coal exploration drilling and
underground coal mines. While SMCRA does regulate some components of
coal exploration activities, see 30 U.S.C. 1262 and 30 CFR parts 772
and 815, the distance between coal exploration drilling and underground
workings is not a component of the Federal program. Ohio's revisions to
subsection (A), which reflects the Federal requirement for surface
mining activities at 30 CFR 816.79, are merely editorial to distinguish
it from subsections (B) and (C), and OSM approves them.
OAC 1501:13-9-15 Revegetation
Ohio revised subsection (F)(6), which requires that permanent
vegetation that is established or reestablished on areas unavoidably
disturbed in order to meet reclamation standards, or in the course of
gaining access for the removal of sediment control structures, must
have been seeded a minimum of twelve months before the request for
phase III bond release. Ohio's revision to this subsection allows DMRM
to determine that the 12-month requirement does not apply if the area
of repair was limited in size and the permittee is in compliance with
subsection (G)(3)(b), which is a standard of revegetation success
requiring the ground cover to equal or exceed 90 percent and no single
area with less than thirty percent cover shall exceed the lesser of
three thousand square feet or 0.3 percent of the land affected.
OSM Finding: When OSM initially approved subsection (F)(6) and its
related provisions in 1998, OSM explained that the 12-month minimum
requirement should be sufficient to
[[Page 67209]]
establish a permanent and diverse vegetative cover as required by SMCRA
because the lands typically involved will be small in size, widely
dispersed, and surrounded by vegetative lands. See 63 FR 51829, 51831
(Sept. 29, 1998). OSM also explained that the 12-month minimum
requirement in no way reduces or eliminates any of Ohio's standards for
reclamation success or bond release. Both of these findings remain true
for areas which DMRM relieves the operator from the 12-month
requirement based on a determination that the area of repair is limited
in size and complies with OAC 1501:13-9-15(G)(3)(b). Therefore, OSM
finds that Ohio's revision does not render OAC 1501:13-9-15 any less
effective than the Federal regulations at 30 CFR 816.116(c)(4) and
817.116(c)(4) at meeting the requirements of Sections 515(b)(19),
(b)(20)(A) and (b)(20)(B) of SMCRA, and OSM approves it.
OAC 1501:13-9-17 Postmining Use of Land
Ohio revised subsection (D) to add two additional criteria that
must be met for DMRM to approve an alternative postmining land use.
Ohio added paragraph (2), which requires that the use not be
impractical or unreasonable, and paragraph (7), that the use will not
cause or contribute to violation of Federal, State, or local law.
OSM Finding: Ohio's proposed revisions to add these criteria make
Ohio's regulation consistent with the Federal regulations at 30 CFR
816.133 and 817.133, which include the same requirements at subsections
(c)(3)(i) and (iv) of each rule. Therefore, OSM approves Ohio's
revisions to OAC 1501:13-9-17.
OAC 1501:13-11-02 Support Facilities and Utility Installations
Ohio revised subsection (C) to add to the list of utility
installations to which coal mining operations must minimize damage,
destruction or disruption of services, to include oil, gas, and water
wells, water and sewage lines and telecommunication lines (in addition
to telephone lines, which already existed in the regulation).
OSM Finding: Ohio's proposed revisions to include oil, gas and
water wells, water and sewage lines, and telecommunications lines, make
Ohio's regulation consistent with the Federal regulations at 30 CFR
816.80 and 817.180, which explicitly include those wells and lines. OSM
also interprets ``other telecommunication lines'' to be a necessary and
natural interpretation of the Federal requirement to include telephone
lines. Therefore, OSM approves Ohio's revisions to OAC 1501:13-11-02.
IV. Summary and Disposition of Comments
Public Comments
OSM asked for public comments on the amendment (Administrative
Record No. OH-2194-01). The comment period closed on May 19, 2020. OSM
did not receive any comments.
Federal Agency Comments
On February 27, 2017, pursuant to 30 CFR 732.17(h)(11)(i) and
Section 503(b) of SMCRA (30 U.S.C. 1253(b)), OSM requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Ohio program (Administrative Record No. OH-2194-01).
Comment letters received back from these other agency consultations are
listed below.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), OSM is required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). By way of letter dated October 3, 2018, EPA
determined that the proposed Ohio amendment does not pertain to
programs under their purview and therefore there was no need for
further EPA action.
Mine Safety and Health Administration Concurrence and Comments
By way of letter dated April 10, 2017, MSHA stated they had
reviewed the proposed Ohio amendment and had no comment.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), OSM is required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On February 27, 2017, OSM requested comments on Ohio's
amendment (Administrative Record No. OH-2194-01). OSM did not receive
comments from the SHPO or ACHP.
V. OSM's Decision
Based on the above findings, OSM approves the Ohio amendments sent
to us on November 30, 2015 (Administrative Record NO. OH-2194-01). To
implement this decision, OSM is amending the Federal regulations at 30
CFR part 935 that codify decisions concerning the Ohio program. In
accordance with the APA, this rule will take effect 30 days after the
date of publication.
VI. Procedural Determinations
Executive Order 12630--Governmental Actions and Interference With
Constitutionality Protected Property Rights
This rule would not result in a taking of private property or
otherwise have taking implications that would result in public 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 Order 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
13563, which reaffirms and supplements Executive Order 12866, retains
this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which 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.
[[Page 67210]]
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. OSM has 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 it 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 unless the Indian Tribe obtains
primacy. 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. OSM
is currently working to identify and engage appropriate Tribal
stakeholders to devise a constructive approach for consulting on these
amendments.
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
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 U.S. Department of the
Interior 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.
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), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) does not
have an annual effect on the economy of $100 million; (b) will not
cause a 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.
Thomas Koptchak,
Acting Regional Director, North Atlantic--Appalachian Region.
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. In Sec. 935.15, amend the table by adding an entry for ``November
30, 2015'' at the end of the table to read as follows:
Sec. 935.15 Approval of Ohio regulatory program amendments.
* * * * *
[[Page 67211]]
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
November 30, 2015............. October 26, 2026. OAC 1501:13-1-01, -
02, -10, -13, -14; -
3-01; -4-03, -04, -
05, -08, -08.1, -09,
-10, -12, -13, -14;
5-01; -6-03; -7-01,
03, -04(rescinded),
05, -05.1, -06, -07;
-8-01; -9-01, -02, -
07, -08, -11, -15, -
16, -17; -10-01; -11-
02; -12-01; -13-03;
14-01.
------------------------------------------------------------------------
[FR Doc. 2026-21807 Filed 10-23-26; 8:45 am]
BILLING CODE 4310-05-P
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