Ohio Regulatory Program

DEEPER READ

This regulatory action involves OSM formally approving changes that Ohio proposed to its state-administered surface coal mining and reclamation program. Under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), states can operate their own regulatory programs in place of the federal program, provided their rules are at least as effective as federal standards. Ohio holds such an approved state program, and when it proposes changes, OSM must review and approve them before they take effect as part of the federally recognized program. The 39 rule changes span a wide range of technical and procedural areas. These include updates to permit application requirements, hydrologic maps and cross-sections, general map requirements, special categories of mining permits, underground mining permit applications, the small operator assistance program, and self-bonding. Self-bonding is a mechanism that allows mining companies to guarantee reclamation costs using their own financial strength rather than a third-party surety, making it a particularly consequential area for both industry and environmental accountability. The affected parties include coal mining operators in Ohio who must comply with state permitting and reclamation rules, as well as communities and landowners near mining sites who rely on those rules for environmental protection. The small operator assistance program changes may affect smaller mining companies that depend on state support to navigate permitting requirements. Hydrologic mapping requirements are significant for protecting water resources near mining operations. The legal basis for this action is SMCRA, which established a cooperative federalism framework for regulating surface coal mining. OSM serves as the federal oversight body, and state program amendments must be reviewed to ensure consistency with federal law and regulations. By approving these 39 changes, OSM is confirming that Ohio's updated rules remain compliant with that federal framework. The record does not specify an exact implementation date or transition period for the new rules, so the precise timeline for when Ohio operators must comply with each specific change is not fully detailed in the available information.

AS PUBLISHED

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.

THE SAGE'S PERSPECTIVE