80 FR 63120 - Ohio Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 201 (October 19, 2015)

Page Range		63120-63125
FR Document		2015-26479
We are approving, with one additional requirement, an amendment to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment we are approving updates the Ohio Administrative Code (OAC) to address issues raised by OSMRE regarding the consistency of Ohio's program with the final Federal rule relative to Ownership and Control, Permit and Application Information and Transfer, and Assignment or Sale of Permit Rights, which became effective on December 3, 2007. The amendment specifically revises the following regulations within the OAC: Definitions; Incorporation by reference; permit applications, requirements for legal, financial, compliance and related information; permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights; improvidently issued permits; and enforcement and individual civil penalties. Ohio submitted this amendment to ensure the Ohio program is consistent with, and in accordance with, SMCRA, and no less effective than the corresponding regulations. During the course of our review of this amendment, we determined that Ohio must amend its program to ensure the term ``violation notice'' is consistent with the approved Ohio program.
Federal Register, Volume 80 Issue 201 (Monday, October 19, 2015)
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Rules and Regulations]
[Pages 63120-63125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26479]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-254-FOR; Docket ID: OSM-2012-0012; S1D1S SS08011000 SX066A000 
156S180110; S2D2S SS08011000 SX066A000 15XS501520]


Ohio Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment and addition of a required 
regulatory program amendment.

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SUMMARY: We are approving, with one additional requirement, an 
amendment to the Ohio regulatory program (the Ohio program) under the 
Surface

[[Page 63121]]

Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
amendment we are approving updates the Ohio Administrative Code (OAC) 
to address issues raised by OSMRE regarding the consistency of Ohio's 
program with the final Federal rule relative to Ownership and Control, 
Permit and Application Information and Transfer, and Assignment or Sale 
of Permit Rights, which became effective on December 3, 2007. The 
amendment specifically revises the following regulations within the 
OAC: Definitions; Incorporation by reference; permit applications, 
requirements for legal, financial, compliance and related information; 
permit applications, revisions, and renewals, and transfers, 
assignments, and sales of permit rights; improvidently issued permits; 
and enforcement and individual civil penalties. Ohio submitted this 
amendment to ensure the Ohio program is consistent with, and in 
accordance with, SMCRA, and no less effective than the corresponding 
regulations. During the course of our review of this amendment, we 
determined that Ohio must amend its program to ensure the term 
``violation notice'' is consistent with the approved Ohio program.

DATES: Effective date: October 19, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, Office of Surface Mining Reclamation and Enforcement, 4605 
Morse Road, Rm. 102, Columbus, Ohio 43230; Telephone: (614) 416-2238; 
email: [email protected]; Fax: (614) 416-2248.

SUPPLEMENTARY INFORMATION:

I. Background of the Ohio Program
II. Description and Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

I. Background on the Ohio Program

    Section 503(a) of the SMCRA 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 program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act . . . ; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' 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 effective August 16, 1982. You 
can find background information on the Ohio program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval of the Ohio program in the August 16, 1982, Federal 
Register (47 FR 34688). You can also find later actions concerning 
Ohio's regulatory program and regulatory program amendments at 30 CFR 
935.11, 935.15, and 935.30.

II. Description and Submission of the Proposed Amendment

    Following the approval of the December 3, 2007, Federal rule, 
``Ownership and Control; Permit and Application Information; Transfer, 
Assignment, or Sale of Permit Rights; Final Rule,'' Federal Register 
(72 FR 68000), OSMRE performed a side-by-side comparison of Ohio's 
regulations to ensure the OAC provisions were no less effective than 
the Federal regulations. Following the review of Ohio's regulations, 
OSMRE and Ohio discussed the implementation of Ohio regulations and 
potential revisions. Ohio, via a letter of September 25, 2009, 
(Administrative Record Number OH-2190-01) responded to the findings of 
the OSMRE side-by-side analysis. This response described Ohio's plan to 
address provisions that were determined by OSMRE to be less effective 
than the Federal regulations, and stated an Ohio proposed amendment 
would be submitted to OSMRE. By letter dated March 30, 2012, 
(Administrative Record Number OH 2190-01), Ohio sent OSMRE a request to 
approve six revised regulations. This amendment contains the changes 
made to the OAC as a result of the side-by-side review conducted by 
OSMRE. Key provisions of the approved amendment add the definitions of 
``knowingly,'' ``transfer, assignment, or sale of permit rights,'' and 
``violation'' to the OAC; require enhanced identification of interests; 
add a provision for a central repository documenting identification of 
interests; and alter procedures for the determination of an 
improvidently issued permit.
    We announced receipt of the proposed amendment in the August 3, 
2012, Federal Register (77 FR 46346). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting.
    We did not hold a public hearing or meeting because no one 
requested one. The public comment period ended on September 4, 2012. 
One comment was posted in the Federal Docket Management System in 
response to the proposal. However, it was later determined that this 
comment was erroneously posted and was not related to the proposed 
amendment. Therefore, no comments were received.

III. OSMRE's Findings

    We are approving the amendment request under SMCRA and the Federal 
regulations at 30 CFR 732.15 and 732.17. There are a few changes that 
are not addressed in the Findings because they involve minor 
clarifications and non-substantive corrections. The following outlines 
the approved amendment to the OAC:

1501:13-1-02. Definitions

    The definition of ``knowing'' or ``knowingly'' has been added. This 
definition is now substantively identical to and therefore no less 
effective than, its Federal counterpart definition at 30 CFR 701.5, 
because it substitutes the word ``person'', which is used in the 
Federal definition, for the word ``individual.'' Additionally, the 
approved amendment revises the definition in other sections of the OAC. 
Ohio added the definition of ``[t]ransfer, assignment, or sale of 
permit rights'' to the definition section. Ohio's definition of this 
term describes any change of a permittee, including any fundamental 
legal changes in the structure or nature of the permittee or a name 
change. The Ohio definition is substantively identical to, and 
therefore no less effective than, its Federal counterpart definition at 
30 CFR 701.5.
    The definition of ``violation'' has been added for the purposes of 
the following OAC sections:
     Permit applications; requirements for legal, financial, 
compliance and related information;
     Review, public participation, and approval or disapproval 
of permit applications and permit terms and conditions; and
     Improvidently issued permits.
    Violation is defined as any of the following:
     Written notification from a governmental agency 
identifying a failure to comply with applicable Federal or state law or 
regulations relative to environmental air or water protection;
     Noncompliance identified by the Chief of the Division of 
Mineral Resources Management, OSMRE, or a comparable authority, 
pursuant to the Federal or state regulatory program. Notice of this 
noncompliance may be given via a notice of violation, cessation order, 
final order, bill or demand letter relative to a delinquent civil 
penalty; a bill or demand letter relative to delinquent reclamation 
fees or a

[[Page 63122]]

performance security or bond forfeiture order.
    The Ohio definition is substantively identical to, and therefore no 
less effective than, the Federal counterpart definition at 30 CFR 
701.5.
    The definition of ``violation notice'' has been revised to apply to 
the following OAC sections:
     Permit applications; requirements for legal, financial, 
compliance and related information;
     Review, public participation, and approval or disapproval 
of permit applications and permit terms and conditions;
     Improvidently issued permits; and
     A violation notice is now defined as a written 
notification from a regulatory authority or other governmental entity 
of a violation, as defined in this section. This change reflects the 
language used to define this term in 30 CFR 701.5.
    The Ohio definition is substantively identical to, and therefore, 
no less effective than, the Federal counterpart definition at 30 CFR 
701.5.

1501:13-14-02. Enforcement

    Section (A)(8) has been revised to require any permittee, within 
thirty days of the issuance of a cessation order, to provide accurate 
and current identification of interest information as defined in the 
Permit applications; requirements for legal, financial compliance and 
related information sections of the OAC. This additional language is 
identical to the requirement in OAC 1501:13-5-01(G)(5), which is 
already part of Ohio's approved program. Therefore, we are approving 
it. Formatting changes were made throughout section 13-14-02 to reflect 
changes in numbering.

1501: 13-14-06. Individual Civil Penalties

    Revisions were made to remove the definition of ``knowingly'' from 
this section. Consequently, formatting changes were required to account 
for the elimination of this definition. In this same amendment, Ohio 
added a nearly identical definition of ``Knowing or knowingly'' to OAC 
1501:13-1-02. Therefore, the definition proposed for deletion is no 
longer needed; the deletion is hereby approved.

1501: 13-4-03. Permit Applications; Requirements for Legal, Financial, 
Compliance and Related Information

    Grammar and formatting changes are present that do not alter the 
meaning or intent of the OAC as previously structured. Multiple changes 
have been made to incorporate all inclusive gender references. In 
addition, sections (B)(2) and (3) have been revised to require 
submission of addresses for all owners of record, holders of record of 
any leasehold interests, and any purchasers of record of the property 
to be mined. Previously this requirement did not require the submission 
of addresses. The revision expands the requirements for providing 
addresses in order to encompass all aspects of interest. These changes 
render the Ohio provisions no less effective than the Federal 
counterpart regulation at 30 CFR 778.13(a) and they are, therefore, 
approved.
    As discussed further below, at section (J), this section is further 
clarified to require submission of data when a departure or change of 
an individual named in a permit application occurs.
    Section (B)(5)(d) is revised by deleting the requirement that, for 
each permit owned or controlled by an owner or controller of the 
applicant within a five year period preceding the submission of the 
application, the application must contain the dates of issuance of any 
Federal or state permits and Mine Safety and Health Administration 
(MSHA) identification numbers. Dates of issuance are not required to be 
submitted pursuant to the Federal regulations at 30 CFR 778.12(c). 
Therefore, we are approving this deletion.
    Section (C)(1) requires violation history relative to an operator 
to be provided in the permit application. Previously, the applicant was 
the only individual required to submit this information. This addition 
renders the Ohio provision no less effective than the counterpart at 30 
CFR 778.14(a), and it is, therefore, approved.
    Section (C)(2) requires the applicant to provide the date of 
suspension or revocation of a permit, or forfeiture of a bond. The 
requirement to provide the date of issuance of any permit that was 
subsequently suspended or revoked, or for which a bond was forfeited, 
is proposed to be deleted. Section (C)(3) also adds a provision 
requiring all applications to include a listing of any of the 
applicant's, operator's, or owner's and controller's unabated cessation 
orders or notices of violation, or uncorrected air or water quality 
violations.
    Furthermore, Section (C)(4) requires a certification by the Federal 
or state regulatory authority that issued the notice of violation or 
cessation order to confirm that the violation is being abated or 
corrected. It also adds a requirement to provide the identification 
numbers of any violation notice or cessation order. This provision does 
not interfere with the requirement in (C)(4)(f), which is being revised 
to clarify that the application shall contain information for all 
violations and cessation orders having an expired abatement period, and 
describe the action taken to abate or correct the violation or 
cessation order. These changes to Sections (C)(2) through (C)(4) are no 
less effective than their respective counterparts contained in the 
Federal regulations at 30 CFR 778.14(b) and (c), and they are, 
therefore, approved.
    However, Section (C)(3) remains narrower in scope than its Federal 
counterpart at 30 CFR 778.14(c) because it only requires the listing of 
unabated cessation orders and uncorrected air and water quality 
violation notices received; whereas, the Federal regulation requires 
listing of all unabated violation notices. The term ``violation 
notice,'' as defined in both the Federal regulations at 30 CFR 701.5, 
and in the Ohio program at OAC 1501: 13-1-02, the latter of which is 
part of this submission, includes more than just cessation orders and 
air and water quality violations. For example, it includes unpaid 
reclamation fees or civil penalties. As such, we are requiring Ohio to 
amend its program to require permit applications to list all unabated 
``violation notices,'' as that term is defined in the Ohio approved 
program.
    Under Section (J), the addition of a ``Central file for identity 
information'' allows applicants or permittees to provide requisite 
information in a streamlined method whereby all ``identification of 
interests'' information required in permit applications, revisions and 
renewals and transfers, assignments and sales of permit rights 
provisions, is submitted to the Chief of the Division of Mineral 
Resources Management, and is applicable to all permits held by that 
applicant or permittee. These items will be maintained in a central 
file for reference in the event of any subsequent submission. To 
participate, applicants or permitees must submit a sworn or affirmed 
oath, in writing, verifying all the information is accurate and 
complete, including all ownership and permittee interests. The central 
file will be updated and maintained for reference, eliminating the need 
to provide identity information in each application. The file will be 
available for public review upon request.
    In the event a permittee or applicant has an established central 
file, certification shall be made that the file is accurate and 
complete when submitting permit applications, revisions, renewals, 
transfers, assignments, and sales of permits rights

[[Page 63123]]

in accordance with 1501:13-4-06. Upon submission, the permittee shall 
submit a certification, provided by the Chief of the Division of 
Mineral Resources Management swearing or affirming that the information 
is accurate, complete, and updated. This must be in the form of a 
written oath. Any information that is missing, as required by the 
provisions set forth herein, must be submitted and accompanied by a 
written oath providing affirmation of a complete information 
repository.
    The corresponding regulations refer to the central repository for 
identification information and incorporate by reference provisions of 
the statute. While proposed Section (J) of the OAC has no precise 
Federal counterpart, we find that it provides an alternative means for 
submitting, updating and maintaining ``identification of interests'' 
information that is consistent with the Federal regulations at 30 CFR 
778.8(c), which allows OSMRE to create a central file for this type of 
information; we are, therefore, approving it.

1501:13-4-06. Permit Applications Revisions, and Renewals, and 
Transfers, Assignments and Sales of Rights

    The amendment revises Section (I) by adding a provision requiring 
notification within 30 days of any addition, departure or change 
required to be shown in the permit application. This must be done in 
writing and must include any person's name, address, telephone number, 
title, and relationship to the applicant, including percentage of 
ownership, interest and position within the organizational structure. 
Information detailing commencement and departure are also required. 
These changes render Section (I) no less effective than the Federal 
regulations at 30 CFR 774.12(c).

1501:13-5-02. Improvidently Issued Permits

    Pursuant to the approved amendment, should the Chief of the 
Division of Mineral Resources Management have reason to believe a coal 
mining and reclamation permit was improvidently issued, he or she shall 
make a preliminary finding indicating improvident issuance if:
     A determination based on the permit eligibility, in effect 
at the time of issuance, indicates either:
    (a) The permit should not have been issued due to an unabated or 
uncorrected violation or,
    (b) The permit was issued based on the presumption that a violation 
was in the process of being corrected;
     The violation remains unabated or uncorrected and the time 
frame for appeal is expired or a payment schedule, as approved, is not 
being complied with as ordered; and
     Ownership or control existing at the time of issuance 
demonstrates a link to the violation and remains in effect, or if the 
link was severed, the permittee continues to be responsible for the 
violation.
    Upon a preliminary finding of an improvidently issued permit, the 
Chief may serve the permittee with written notice establishing a prima 
facie case indicating the permit was improvidently issued. Within 
thirty days, the permittee may request an informal review and may 
provide evidence to the contrary.
    Section (C) augments references to abatement of a violation by 
adding the term ``correction.'' It also deletes references to penalties 
and fees, because these terms are now included within the definition of 
the term ``violation.''
    Section (D) allows the Chief of the Division of Mineral Resources 
Management to suspend a permit as opposed to the previous regulation 
granting only the right to rescind the permit. Moreover, the approved 
amendment provides that, upon a determination indicating the permit was 
improvidently issued, the Chief shall serve the permittee notice of the 
proposed suspension and rescission, which includes the reasons for the 
finding and stipulates within sixty days the permit will be suspended, 
or in one hundred and twenty days, the permit will be rescinded, unless 
the permittee submits rebuttal proof and the Chief finds:
     The previous determination was incorrect;
     The violation has been abated or corrected;
     The violation is under appeal and an initial judicial 
decision affirming the violation is absent;
     The violation is subject to an approved abatement, 
correction plan or payment schedule;
     Ownership or control is severed and no continuing 
responsibility is apportioned to the permittee; or
     An appeal as to ownership or control exists and an initial 
judicial decision affirming such ownership or control is absent.
    The approved amendment eliminates previous provisions allowing 
automatic suspension within ninety days upon proper showing. In the 
event the permit is deemed suspended or rescinded, the Chief shall 
immediately order the cessation of coal mining and reclamation 
operations and post written notice of the cessation order at the 
Division of Mineral Resources Management District Office closest to the 
permit area.
    We find that these changes render the Ohio provisions governing 
improvidently issued permits no less effective than their Federal 
counterpart provisions found in 30 CFR 773.21, 773.22, and 773.23. 
Therefore, the changes are approved.

1501: 13-1-14. Incorporation by Reference

    The Web site provided in the approved amendment is updated to 
ensure public access to Federal regulation references. The revised Web 
site is www.thefederalregister.org/fdsys/. Also, the dates for the Code of Federal 
Regulations and for the United States Code have been updated to 
incorporate subsequent publications of both codes. These incorporations 
by reference have no Federal counterparts; nevertheless, the changes 
are not inconsistent with SMCRA or the Federal regulations, and are 
therefore approved.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record Numbers OH-2190-05 and 06), but did not receive any.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i) and Sec.  503(b) of SMCRA, 
OSMRE is to request comments on an amendment when any Federal agency 
has an actual or potential interest or special expertise related to the 
program amendment. On April 12, 2012, OSMRE sent requests for comment 
to the following agencies (in addition to the agencies specifically 
outlined below): The U.S. Department of Agriculture, Natural Resource 
Conservation Service; the U.S. Department of Interior, Fish and 
Wildlife Service; and the U.S. Department of Labor, MSHA. On May 4, 
2012, the MSHA responded to the request for comments (Administrative 
Record Number OH-2190-04), stating that they concur with the amendment 
and have no further comments to offer. None of the other agencies 
responded to the requests for comment.

Environmental Protection Agency (EPA) Concurrence

    On April 12, 2012, OSMRE notified and requested comment from EPA 
regarding the amendment (Administrative Record Number OH-2190-02). 
Although OSMRE requested comments on the amendment, EPA did not respond 
to our request. Pursuant to 30 CFR 732.17(h)(11)(ii) we are required

[[Page 63124]]

to obtain 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.). As detailed within this 
final rule, this amendment deals with ownership and control 
regulations; therefore, no water or air quality standards are under 
review that may trigger the requirement for EPA concurrence.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSMRE is required to request 
comments from the SHPO and ACHP on amendments that may have an effect 
on historic properties. Consistent with this regulation, on April 12, 
2012, OSMRE requested comments (Administrative Record Number OH-2190-
02), on Ohio's amendment from the Ohio Historic Preservation Office and 
the Advisory Council on Historic Preservation, but neither responded to 
the request.

V. OSMRE's Decision

    Based on the above findings, OSMRE approves the amendment Ohio sent 
us on March 30, 2012. In addition, we are requiring Ohio to amend its 
program to require permit applications to list all unabated ``violation 
notices,'' as that term is defined in the Ohio approved program.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 935, which codify decisions concerning the Ohio program. 
OSMRE finds that good cause exists under 5 U.S.C. 553(d)(3) to make 
this final rule effective immediately. Section 503(a) of SMCRA requires 
that Ohio's program demonstrates it has the capability of carrying out 
the provisions of the Act and meeting its purposes. Making this 
regulation effective immediately will expedite that process.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by Section 3 of Executive Order 12988, and has determined that, to the 
extent allowable by law, this rule meets the applicable standards of 
Subsections (a) and (b). However, these standards are not applicable to 
the actual language of state regulatory programs and program amendments 
because each program is drafted and promulgated by a specific state, 
not by OSMRE. Under Sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 
1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 
732.17(h)(10), decisions on proposed state regulatory programs and 
program amendments submitted by the states must be based solely on a 
determination of whether the submittal is consistent with SMCRA and its 
implementing Federal regulations and whether the other requirements of 
30 CFR parts 730, 731 and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and state governments regarding the regulation 
of surface coal mining and reclamation operations. One of the purposes 
of SMCRA is to ``establish a nationwide program to protect society and 
the environment from the adverse effects of surface coal mining 
operations.'' Section 503(a)(1) of SMCRA requires that state laws 
regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and Section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Government

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian Tribes.

Executive Order 13211--Regulations That Significantly Affect the Supply 
Distribution or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 
requiring agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 
(Regulatory Planning and Review), and (2) likely to have 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 
expected to have a significant adverse effect on the supply, 
distribution, or use of energy, a Statement of Energy Effects is not 
required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because Section 702(d) of SMCRA (30 U.S.C. 1992(d)) provides that 
agency decisions on proposed state regulatory program provisions do not 
constitute 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 contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect 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 
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 significant 
economic impact, the Department relied upon data and assumptions for 
the Federal regulations.

Small Business Regulatory Enforcement Fairness 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, geographic regions, or Federal, state, or local government 
agencies; 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 upon the fact

[[Page 63125]]

that the State submittal, which is the subject of this rule, is based 
upon Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the facts that the State 
submittal, which is the subject of this rule is based upon Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation did not impose an unfunded mandate.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining. Underground mining. 
Required regulatory program amendments.

    Dated: June 26, 2015.
Thomas D. Shope,
Regional Director, 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. 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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                 Date of final
      Original amendment submission date          publication                  Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
March 30, 2012...............................  October 19, 2015  OAC Sec.  Sec.   1501:13-1-02; -14-02; -14-06;
                                                                  4-03; -4-06; -5-02; -1-14. Changes to
                                                                  Definitions, Ownership and Control, Permit and
                                                                  Application Information and Transfer,
                                                                  assignment or Sale of Permit Rights, and
                                                                  Improvidently Issued Permit procedures.
----------------------------------------------------------------------------------------------------------------


0
3. Section 935.16 is added to read as follows:


Sec.  935.16  Required regulatory program amendments.

    (a) By December 18, 2015, Ohio shall amend its program, or provide 
a written description of an amendment together with a timetable for 
enactment which is consistent with established administrative or 
legislative procedures in the State, to require permit applications to 
list all unabated ``violation notices'', as that term is defined in the 
Ohio approved program.
    (b) [Reserved]

    Editorial Note: This document was received for publication by 
the Office of Federal Register on October 14, 2015.


[FR Doc. 2015-26479 Filed 10-16-15; 8:45 am]
BILLING CODE 4310-05-P
63120 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations

Executive Order 12988—Civil Justice Energy Effects for a rule that is (1) that the State submittal, which is the
Reform considered significant under Executive subject of this rule, is based upon
The Department of Interior has Order 12866, and (2) likely to have counterpart Federal regulations for
conducted the reviews required by significant adverse effect on the supply, which an analysis was prepared and a
section 3 of Executive Order 12988, and distribution, or use of energy. Because determination made that the Federal
has determined that, to the extent this rule is exempt from review under regulation was not considered a major
allowable by law, this rule meets the Executive Order 12866, and is not rule.
applicable standards of Subsections (a) expected to have a significant adverse
Unfunded Mandates
and (b). However, these standards are effect on the supply, distribution, or use
not applicable to the actual language of of energy, a Statement of Energy Effects This rule will not impose an
State regulatory programs and program is not required. unfunded mandate on State, local, or
amendments because each program is tribal governments or the private sector
National Environmental Policy Act of $100 million or more in any given
drafted and promulgated by a specific
State, not by OSMRE. Under sections This rule does not require an year. This determination is based upon
503 and 505 of SMCRA (30 U.S.C. 1253 environmental impact statement the fact that the State submittal, which
and 1255) and the Federal regulations at because section 702(d) of SMCRA (30 is the subject of this rule, is based upon
30 CFR 730.11, 732.15, and U.S.C. 1992(d)) provides that agency counterpart Federal regulations for
732.17(h)(10), decisions on proposed decisions on proposed State regulatory which an analysis was prepared and a
State regulatory programs and program program provisions do not constitute determination made that the Federal
amendments submitted by the States major Federal actions within the regulation did not impose an unfunded
must be based solely on a determination meaning of section 102(2)(C) of the mandate.
of whether the submittal is consistent National Environmental Policy Act (42
U.S.C. 4332(2)(C)). List of Subjects in 30 CFR Part 917
with SMCRA and its implementing
Federal regulations and whether the Intergovernmental relations, Surface
Paperwork Reduction Act
other requirements of 30 CFR parts 730, mining, Underground mining.
This rule does not contain
731 and 732 have been met. Dated: September 29, 2015.
information collection requirements that
Thomas D. Shope,
Executive Order 13132—Federalism require approval by OMB under the
Paperwork Reduction Act (44 U.S.C. Regional Director, Appalachian Region.
This rule does not have Federalism For the reasons set forth in the
implications. SMCRA delineates the 3507 et seq.).
preamble, 30 CFR part 917 is amended
roles of the Federal and State Regulatory Flexibility Act as follows:
governments regarding the regulation of
surface coal mining and reclamation The Department of the Interior
certifies that this rule will not have a PART 917—KENTUCKY
operations. One of the purposes of
SMCRA is to ‘‘establish a nationwide significant economic impact on a
■ 1. The authority citation for Part 917
program to protect society and the substantial number of small entities
continues to read as follows:
environment from the adverse effects of under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal, Authority: 30 U.S.C. 1201 et seq.
surface coal mining operations.’’ Section
503(a)(1) of SMCRA requires that State which is the subject of this rule, is based § 917.16 [Amended]
laws regulating surface coal mining and upon counterpart Federal regulations for
which an economic analysis was ■ 2. Section 917.16 is amended in the
reclamation operations be ‘‘in table by removing and reserving
accordance with’’ the requirements of prepared and certification made that
such regulations would not have a paragraphs (e) and (h).
SMCRA, and Section 503(a)(7) requires [FR Doc. 2015–26478 Filed 10–16–15; 8:45 am]
that State programs contain rules and significant economic effect upon a
regulations ‘‘consistent with’’ substantial number of small entities. In BILLING CODE 4310–05–P

regulations issued by the Secretary making the determination as to whether
pursuant to SMCRA. this rule would have significant
economic impact, the Department relied DEPARTMENT OF THE INTERIOR
Executive Order 13175—Consultation upon data and assumptions for the
and Coordination With Indian Tribal Office of Surface Mining Reclamation
counterpart Federal regulations. and Enforcement
Government
Small Business Regulatory Enforcement
In accordance with Executive Order Fairness Act 30 CFR Part 935
13175, we have evaluated the potential
effects of this rule on Federally- This rule is not a major rule under 5 [OH–254–FOR; Docket ID: OSM–2012–0012;
recognized Indian tribes and have U.S.C. 804(2), the Small Business S1D1S SS08011000 SX066A000
Regulatory Enforcement Fairness Act. 156S180110; S2D2S SS08011000
determined that the rule does not have
This rule: (a) Does not have an annual SX066A000 15XS501520]
substantial direct effects on one or more
Indian tribes, on the relationship effect on the economy of $100 million;
Ohio Regulatory Program
between the Federal government and (b) Will not cause a major increase in
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Indian tribes, or on the distribution of costs or prices for consumers, AGENCY: Office of Surface Mining
power and responsibilities between the individual industries, Federal, State, or Reclamation and Enforcement, Interior.
Federal government and Indian tribes. local government agencies, or ACTION: Final rule; approval of
geographic regions; and (c) Does not amendment and addition of a required
Executive Order 13211—Regulations have significant adverse effects on
That Significantly Affect the Supply, regulatory program amendment.
competition, employment, investment,
Distribution, or Use of Energy productivity, innovation, or the ability SUMMARY: We are approving, with one
On May 18, 2001, the President issued of U.S.-based enterprises to compete additional requirement, an amendment
Executive Order 13211 requiring with foreign-based enterprises. This to the Ohio regulatory program (the
agencies to prepare a Statement of determination is based upon the fact Ohio program) under the Surface

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Mining Control and Reclamation Act of program effective August 16, 1982. You determined that this comment was
1977 (SMCRA or the Act). The can find background information on the erroneously posted and was not related
amendment we are approving updates Ohio program, including the Secretary’s to the proposed amendment. Therefore,
the Ohio Administrative Code (OAC) to findings, the disposition of comments, no comments were received.
address issues raised by OSMRE and the conditions of approval of the
III. OSMRE’s Findings
regarding the consistency of Ohio’s Ohio program in the August 16, 1982,
program with the final Federal rule Federal Register (47 FR 34688). You can We are approving the amendment
relative to Ownership and Control, also find later actions concerning Ohio’s request under SMCRA and the Federal
Permit and Application Information and regulatory program and regulatory regulations at 30 CFR 732.15 and
Transfer, and Assignment or Sale of program amendments at 30 CFR 935.11, 732.17. There are a few changes that are
Permit Rights, which became effective 935.15, and 935.30. not addressed in the Findings because
on December 3, 2007. The amendment they involve minor clarifications and
II. Description and Submission of the non-substantive corrections. The
specifically revises the following Proposed Amendment
regulations within the OAC: Definitions; following outlines the approved
Incorporation by reference; permit Following the approval of the amendment to the OAC:
applications, requirements for legal, December 3, 2007, Federal rule,
‘‘Ownership and Control; Permit and 1501:13–1–02. Definitions
financial, compliance and related
information; permit applications, Application Information; Transfer, The definition of ‘‘knowing’’ or
revisions, and renewals, and transfers, Assignment, or Sale of Permit Rights; ‘‘knowingly’’ has been added. This
assignments, and sales of permit rights; Final Rule,’’ Federal Register (72 FR definition is now substantively identical
improvidently issued permits; and 68000), OSMRE performed a side-by- to and therefore no less effective than,
enforcement and individual civil side comparison of Ohio’s regulations to its Federal counterpart definition at 30
penalties. Ohio submitted this ensure the OAC provisions were no less CFR 701.5, because it substitutes the
amendment to ensure the Ohio program effective than the Federal regulations. word ‘‘person’’, which is used in the
is consistent with, and in accordance Following the review of Ohio’s Federal definition, for the word
with, SMCRA, and no less effective than regulations, OSMRE and Ohio discussed ‘‘individual.’’ Additionally, the
the corresponding regulations. During the implementation of Ohio regulations approved amendment revises the
the course of our review of this and potential revisions. Ohio, via a definition in other sections of the OAC.
amendment, we determined that Ohio letter of September 25, 2009, Ohio added the definition of ‘‘[t]ransfer,
(Administrative Record Number OH– assignment, or sale of permit rights’’ to
must amend its program to ensure the
2190–01) responded to the findings of the definition section. Ohio’s definition
term ‘‘violation notice’’ is consistent
the OSMRE side-by-side analysis. This of this term describes any change of a
with the approved Ohio program.
response described Ohio’s plan to permittee, including any fundamental
DATES: Effective date: October 19, 2015. address provisions that were legal changes in the structure or nature
FOR FURTHER INFORMATION CONTACT: Mr. determined by OSMRE to be less of the permittee or a name change. The
Ben Owens, Chief, Pittsburgh Field effective than the Federal regulations, Ohio definition is substantively
Division, Office of Surface Mining and stated an Ohio proposed identical to, and therefore no less
Reclamation and Enforcement, 4605 amendment would be submitted to effective than, its Federal counterpart
Morse Road, Rm. 102, Columbus, Ohio OSMRE. By letter dated March 30, 2012, definition at 30 CFR 701.5.
43230; Telephone: (614) 416–2238; (Administrative Record Number OH The definition of ‘‘violation’’ has been
email: bowens@osmre.gov; Fax: (614) 2190–01), Ohio sent OSMRE a request to added for the purposes of the following
416–2248. approve six revised regulations. This OAC sections:
SUPPLEMENTARY INFORMATION: amendment contains the changes made • Permit applications; requirements
to the OAC as a result of the side-by- for legal, financial, compliance and
I. Background of the Ohio Program
II. Description and Submission of the
side review conducted by OSMRE. Key related information;
Amendment provisions of the approved amendment • Review, public participation, and
III. OSMRE’s Findings add the definitions of ‘‘knowingly,’’ approval or disapproval of permit
IV. Summary and Disposition of Comments ‘‘transfer, assignment, or sale of permit applications and permit terms and
V. OSMRE’s Decision rights,’’ and ‘‘violation’’ to the OAC; conditions; and
VI. Procedural Determinations require enhanced identification of • Improvidently issued permits.
interests; add a provision for a central Violation is defined as any of the
I. Background on the Ohio Program
repository documenting identification of following:
Section 503(a) of the SMCRA permits interests; and alter procedures for the • Written notification from a
a state to assume primacy for the determination of an improvidently governmental agency identifying a
regulation of surface coal mining and issued permit. failure to comply with applicable
reclamation operations on non-Federal We announced receipt of the Federal or state law or regulations
and non-Indian lands within its borders proposed amendment in the August 3, relative to environmental air or water
by demonstrating that its program 2012, Federal Register (77 FR 46346). In protection;
includes, among other things, ‘‘a State the same document, we opened the • Noncompliance identified by the
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law which provides for the regulation of public comment period and provided an Chief of the Division of Mineral
surface coal mining and reclamation opportunity for a public hearing or Resources Management, OSMRE, or a
operations in accordance with the meeting. comparable authority, pursuant to the
requirements of this Act . . . ; and rules We did not hold a public hearing or Federal or state regulatory program.
and regulations consistent with meeting because no one requested one. Notice of this noncompliance may be
regulations issued by the Secretary The public comment period ended on given via a notice of violation, cessation
pursuant to this Act.’’ See 30 U.S.C. September 4, 2012. One comment was order, final order, bill or demand letter
1253(a)(1) and (7). On the basis of these posted in the Federal Docket relative to a delinquent civil penalty; a
criteria, the Secretary of the Interior Management System in response to the bill or demand letter relative to
conditionally approved the Ohio proposal. However, it was later delinquent reclamation fees or a

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performance security or bond forfeiture and (3) have been revised to require in (C)(4)(f), which is being revised to
order. submission of addresses for all owners clarify that the application shall contain
The Ohio definition is substantively of record, holders of record of any information for all violations and
identical to, and therefore no less leasehold interests, and any purchasers cessation orders having an expired
effective than, the Federal counterpart of record of the property to be mined. abatement period, and describe the
definition at 30 CFR 701.5. Previously this requirement did not action taken to abate or correct the
The definition of ‘‘violation notice’’ require the submission of addresses. violation or cessation order. These
has been revised to apply to the The revision expands the requirements changes to Sections (C)(2) through (C)(4)
following OAC sections: for providing addresses in order to are no less effective than their
• Permit applications; requirements encompass all aspects of interest. These respective counterparts contained in the
for legal, financial, compliance and changes render the Ohio provisions no Federal regulations at 30 CFR 778.14(b)
related information; less effective than the Federal and (c), and they are, therefore,
• Review, public participation, and counterpart regulation at 30 CFR approved.
approval or disapproval of permit 778.13(a) and they are, therefore, However, Section (C)(3) remains
applications and permit terms and approved. narrower in scope than its Federal
conditions; As discussed further below, at section counterpart at 30 CFR 778.14(c) because
• Improvidently issued permits; and (J), this section is further clarified to it only requires the listing of unabated
• A violation notice is now defined as require submission of data when a cessation orders and uncorrected air and
a written notification from a regulatory departure or change of an individual water quality violation notices received;
authority or other governmental entity named in a permit application occurs. whereas, the Federal regulation requires
of a violation, as defined in this section. Section (B)(5)(d) is revised by deleting listing of all unabated violation notices.
This change reflects the language used the requirement that, for each permit The term ‘‘violation notice,’’ as defined
to define this term in 30 CFR 701.5. owned or controlled by an owner or in both the Federal regulations at 30
The Ohio definition is substantively controller of the applicant within a five CFR 701.5, and in the Ohio program at
identical to, and therefore, no less year period preceding the submission of OAC 1501: 13–1–02, the latter of which
effective than, the Federal counterpart the application, the application must is part of this submission, includes more
definition at 30 CFR 701.5. contain the dates of issuance of any than just cessation orders and air and
Federal or state permits and Mine Safety water quality violations. For example, it
1501:13–14–02. Enforcement and Health Administration (MSHA) includes unpaid reclamation fees or
Section (A)(8) has been revised to identification numbers. Dates of civil penalties. As such, we are
require any permittee, within thirty issuance are not required to be requiring Ohio to amend its program to
days of the issuance of a cessation order, submitted pursuant to the Federal require permit applications to list all
to provide accurate and current regulations at 30 CFR 778.12(c). unabated ‘‘violation notices,’’ as that
identification of interest information as Therefore, we are approving this term is defined in the Ohio approved
defined in the Permit applications; deletion. program.
requirements for legal, financial Section (C)(1) requires violation Under Section (J), the addition of a
compliance and related information history relative to an operator to be ‘‘Central file for identity information’’
sections of the OAC. This additional provided in the permit application. allows applicants or permittees to
language is identical to the requirement Previously, the applicant was the only provide requisite information in a
in OAC 1501:13–5–01(G)(5), which is individual required to submit this streamlined method whereby all
already part of Ohio’s approved information. This addition renders the ‘‘identification of interests’’ information
program. Therefore, we are approving it. Ohio provision no less effective than the required in permit applications,
Formatting changes were made counterpart at 30 CFR 778.14(a), and it revisions and renewals and transfers,
throughout section 13–14–02 to reflect is, therefore, approved. assignments and sales of permit rights
changes in numbering. Section (C)(2) requires the applicant provisions, is submitted to the Chief of
to provide the date of suspension or the Division of Mineral Resources
1501: 13–14–06. Individual Civil revocation of a permit, or forfeiture of a Management, and is applicable to all
Penalties bond. The requirement to provide the permits held by that applicant or
Revisions were made to remove the date of issuance of any permit that was permittee. These items will be
definition of ‘‘knowingly’’ from this subsequently suspended or revoked, or maintained in a central file for reference
section. Consequently, formatting for which a bond was forfeited, is in the event of any subsequent
changes were required to account for the proposed to be deleted. Section (C)(3) submission. To participate, applicants
elimination of this definition. In this also adds a provision requiring all or permitees must submit a sworn or
same amendment, Ohio added a nearly applications to include a listing of any affirmed oath, in writing, verifying all
identical definition of ‘‘Knowing or of the applicant’s, operator’s, or owner’s the information is accurate and
knowingly’’ to OAC 1501:13–1–02. and controller’s unabated cessation complete, including all ownership and
Therefore, the definition proposed for orders or notices of violation, or permittee interests. The central file will
deletion is no longer needed; the uncorrected air or water quality be updated and maintained for
deletion is hereby approved. violations. reference, eliminating the need to
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Furthermore, Section (C)(4) requires a provide identity information in each
1501: 13–4–03. Permit Applications; certification by the Federal or state application. The file will be available
Requirements for Legal, Financial, regulatory authority that issued the for public review upon request.
Compliance and Related Information notice of violation or cessation order to In the event a permittee or applicant
Grammar and formatting changes are confirm that the violation is being has an established central file,
present that do not alter the meaning or abated or corrected. It also adds a certification shall be made that the file
intent of the OAC as previously requirement to provide the is accurate and complete when
structured. Multiple changes have been identification numbers of any violation submitting permit applications,
made to incorporate all inclusive gender notice or cessation order. This provision revisions, renewals, transfers,
references. In addition, sections (B)(2) does not interfere with the requirement assignments, and sales of permits rights

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in accordance with 1501:13–4–06. Upon appeal is expired or a payment Management District Office closest to
submission, the permittee shall submit schedule, as approved, is not being the permit area.
a certification, provided by the Chief of complied with as ordered; and We find that these changes render the
the Division of Mineral Resources • Ownership or control existing at the Ohio provisions governing
Management swearing or affirming that time of issuance demonstrates a link to improvidently issued permits no less
the information is accurate, complete, the violation and remains in effect, or if effective than their Federal counterpart
and updated. This must be in the form the link was severed, the permittee provisions found in 30 CFR 773.21,
of a written oath. Any information that continues to be responsible for the 773.22, and 773.23. Therefore, the
is missing, as required by the provisions violation. changes are approved.
set forth herein, must be submitted and Upon a preliminary finding of an 1501: 13–1–14. Incorporation by
accompanied by a written oath improvidently issued permit, the Chief Reference
providing affirmation of a complete may serve the permittee with written
information repository. notice establishing a prima facie case The Web site provided in the
The corresponding regulations refer to indicating the permit was improvidently approved amendment is updated to
the central repository for identification issued. Within thirty days, the permittee ensure public access to Federal
information and incorporate by may request an informal review and regulation references. The revised Web
reference provisions of the statute. may provide evidence to the contrary. site is www.gpo.gov/fdsys/. Also, the
While proposed Section (J) of the OAC dates for the Code of Federal
Section (C) augments references to
has no precise Federal counterpart, we Regulations and for the United States
abatement of a violation by adding the
find that it provides an alternative Code have been updated to incorporate
term ‘‘correction.’’ It also deletes
means for submitting, updating and subsequent publications of both codes.
references to penalties and fees, because
maintaining ‘‘identification of interests’’ These incorporations by reference have
these terms are now included within the
information that is consistent with the no Federal counterparts; nevertheless,
definition of the term ‘‘violation.’’
Federal regulations at 30 CFR 778.8(c), the changes are not inconsistent with
Section (D) allows the Chief of the SMCRA or the Federal regulations, and
which allows OSMRE to create a central Division of Mineral Resources
file for this type of information; we are, are therefore approved.
Management to suspend a permit as
therefore, approving it. opposed to the previous regulation IV. Summary and Disposition of
1501:13–4–06. Permit Applications granting only the right to rescind the Comments
Revisions, and Renewals, and Transfers, permit. Moreover, the approved Public Comments
Assignments and Sales of Rights amendment provides that, upon a
determination indicating the permit was We asked for public comments on the
The amendment revises Section (I) by improvidently issued, the Chief shall amendment (Administrative Record
adding a provision requiring serve the permittee notice of the Numbers OH–2190–05 and 06), but did
notification within 30 days of any proposed suspension and rescission, not receive any.
addition, departure or change required which includes the reasons for the Federal Agency Comments
to be shown in the permit application. finding and stipulates within sixty days
This must be done in writing and must Pursuant to 30 CFR 732.17(h)(11)(i)
the permit will be suspended, or in one
include any person’s name, address, and § 503(b) of SMCRA, OSMRE is to
hundred and twenty days, the permit request comments on an amendment
telephone number, title, and will be rescinded, unless the permittee
relationship to the applicant, including when any Federal agency has an actual
submits rebuttal proof and the Chief or potential interest or special expertise
percentage of ownership, interest and finds:
position within the organizational related to the program amendment. On
• The previous determination was April 12, 2012, OSMRE sent requests for
structure. Information detailing incorrect;
commencement and departure are also comment to the following agencies (in
• The violation has been abated or addition to the agencies specifically
required. These changes render Section corrected;
(I) no less effective than the Federal outlined below): The U.S. Department of
• The violation is under appeal and Agriculture, Natural Resource
regulations at 30 CFR 774.12(c). an initial judicial decision affirming the Conservation Service; the U.S.
1501:13–5–02. Improvidently Issued violation is absent; Department of Interior, Fish and
Permits • The violation is subject to an Wildlife Service; and the U.S.
Pursuant to the approved amendment, approved abatement, correction plan or Department of Labor, MSHA. On May 4,
should the Chief of the Division of payment schedule; 2012, the MSHA responded to the
Mineral Resources Management have • Ownership or control is severed request for comments (Administrative
reason to believe a coal mining and and no continuing responsibility is Record Number OH–2190–04), stating
reclamation permit was improvidently apportioned to the permittee; or that they concur with the amendment
issued, he or she shall make a • An appeal as to ownership or and have no further comments to offer.
preliminary finding indicating control exists and an initial judicial None of the other agencies responded to
improvident issuance if: decision affirming such ownership or the requests for comment.
• A determination based on the control is absent.
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The approved amendment eliminates Environmental Protection Agency (EPA)
permit eligibility, in effect at the time of Concurrence
issuance, indicates either: previous provisions allowing automatic
(a) The permit should not have been suspension within ninety days upon On April 12, 2012, OSMRE notified
issued due to an unabated or proper showing. In the event the permit and requested comment from EPA
uncorrected violation or, is deemed suspended or rescinded, the regarding the amendment
(b) The permit was issued based on Chief shall immediately order the (Administrative Record Number OH–
the presumption that a violation was in cessation of coal mining and 2190–02). Although OSMRE requested
the process of being corrected; reclamation operations and post written comments on the amendment, EPA did
• The violation remains unabated or notice of the cessation order at the not respond to our request. Pursuant to
uncorrected and the time frame for Division of Mineral Resources 30 CFR 732.17(h)(11)(ii) we are required

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to obtain written concurrence from EPA Executive Order 12988—Civil Justice considered significant under Executive
for those provisions of the program Reform Order 12866 (Regulatory Planning and
amendment that relate to air or water The Department of the Interior has Review), and (2) likely to have
quality standards issued under the conducted the reviews required by significant adverse effect on the supply,
authority of the Clean Water Act (33 Section 3 of Executive Order 12988, and distribution, or use of energy. Because
U.S.C. 1251 et seq.) or the Clean Air Act has determined that, to the extent this rule is exempt from review under
(42 U.S.C. 7401 et seq.). As detailed allowable by law, this rule meets the Executive Order 12866, and is not
within this final rule, this amendment applicable standards of Subsections (a) expected to have a significant adverse
deals with ownership and control and (b). However, these standards are effect on the supply, distribution, or use
regulations; therefore, no water or air not applicable to the actual language of of energy, a Statement of Energy Effects
quality standards are under review that state regulatory programs and program is not required.
may trigger the requirement for EPA amendments because each program is National Environmental Policy Act
concurrence. drafted and promulgated by a specific
state, not by OSMRE. Under Sections This rule does not require an
State Historic Preservation Officer environmental impact statement
503 and 505 of SMCRA (30 U.S.C. 1253
(SHPO) and the Advisory Council on because Section 702(d) of SMCRA (30
and 1255) and the Federal regulations at
Historic Preservation (ACHP) U.S.C. 1992(d)) provides that agency
30 CFR 730.11, 732.15, and
732.17(h)(10), decisions on proposed decisions on proposed state regulatory
Pursuant to 30 CFR 732.17(h)(4), program provisions do not constitute
OSMRE is required to request comments state regulatory programs and program
amendments submitted by the states major Federal actions within the
from the SHPO and ACHP on meaning of section 102(2)(C) of the
amendments that may have an effect on must be based solely on a determination
of whether the submittal is consistent National Environmental Policy Act (42
historic properties. Consistent with this U.S.C. 4332(2)(C)).
regulation, on April 12, 2012, OSMRE with SMCRA and its implementing
requested comments (Administrative Federal regulations and whether the Paperwork Reduction Act
Record Number OH–2190–02), on other requirements of 30 CFR parts 730,
This rule does not contain
Ohio’s amendment from the Ohio 731 and 732 have been met.
information collection requirements that
Historic Preservation Office and the Executive Order 13132—Federalism require approval by OMB under the
Advisory Council on Historic Paperwork Reduction Act (44 U.S.C.
This rule does not have Federalism
Preservation, but neither responded to 3507 et seq.).
implications. SMCRA delineates the
the request.
roles of the Federal and state Regulatory Flexibility Act
V. OSMRE’s Decision governments regarding the regulation of
surface coal mining and reclamation The Department of the Interior
Based on the above findings, OSMRE operations. One of the purposes of certifies that this rule will not have a
approves the amendment Ohio sent us SMCRA is to ‘‘establish a nationwide significant economic effect on a
on March 30, 2012. In addition, we are program to protect society and the substantial number of small entities
requiring Ohio to amend its program to environment from the adverse effects of under the Regulatory Flexibility Act (5
require permit applications to list all surface coal mining operations.’’ Section U.S.C. 601 et seq.). The State submittal,
unabated ‘‘violation notices,’’ as that 503(a)(1) of SMCRA requires that state which is the subject of this rule, is based
term is defined in the Ohio approved laws regulating surface coal mining and upon Federal regulations for which an
program. reclamation operations be ‘‘in economic analysis was prepared and
accordance with’’ the requirements of certification made that such regulations
To implement this decision, we are would not have a significant economic
amending the Federal regulations at 30 SMCRA, and Section 503(a)(7) requires
that state programs contain rules and effect upon a substantial number of
CFR part 935, which codify decisions small entities. In making the
concerning the Ohio program. OSMRE regulations ‘‘consistent with’’
regulations issued by the Secretary. determination as to whether this rule
finds that good cause exists under 5 would have significant economic
U.S.C. 553(d)(3) to make this final rule Executive Order 13175—Consultation impact, the Department relied upon data
effective immediately. Section 503(a) of and Coordination With Indian Tribal and assumptions for the Federal
SMCRA requires that Ohio’s program Government regulations.
demonstrates it has the capability of
In accordance with Executive Order Small Business Regulatory Enforcement
carrying out the provisions of the Act
13175, we have evaluated the potential Fairness Act
and meeting its purposes. Making this
effects of this rule on Federally-
regulation effective immediately will recognized Indian tribes and have This rule is not a major rule under 5
expedite that process. determined that the rule does not have U.S.C. 804(2), the Small Business
VI. Procedural Determinations substantial direct effects on one or more Regulatory Enforcement Fairness Act.
Indian tribes, on the relationship This rule: (a) Does not have an annual
Executive Order 12630—Takings between the Federal Government and effect on the economy of $100 million;
Indian tribes, or on the distribution of (b) Will not cause a major increase in
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This rule does not have takings costs or prices for consumers,
power and responsibilities between the
implications. This determination is individual industries, geographic
Federal Government and Indian Tribes.
based on the analysis performed for the regions, or Federal, state, or local
counterpart Federal regulation. Executive Order 13211—Regulations government agencies; and (c) Does not
That Significantly Affect the Supply have significant adverse effects on
Executive Order 12866—Regulatory Distribution or Use of Energy
Planning and Review competition, employment, investment,
On May 18, 2001, the President issued productivity, innovation, or the ability
This rule is exempted from review by Executive Order 13211 requiring of U.S.-based enterprises to compete
the Office of Management and Budget agencies to prepare a Statement of with foreign-based enterprises. This
(OMB) under Executive Order 12866. Energy Effects for a rule that is (1) determination is based upon the fact

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; approval of amendment and addition of a required regulatory program amendment.
Contact		Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 4605 Morse Road, Rm. 102, Columbus, Ohio 43230; Telephone: (614) 416-2238; email: [email protected]; Fax: (614) 416-2248.
FR Citation		80 FR 63120
CFR Associated		Intergovernmental Relations; Surface Mining; Underground Mining and Required Regulatory Program Amendments
80 FR 63120 - Ohio Regulatory Program

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 201 (October 19, 2015)

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
