Comment on FR Doc # 2012-03424

The Ohio State regulatory program remains conditionally approved since August1982. The remaining condition -- demonstrates how the alternative bonding system will assure timely reclamation at the site of all operations for which bond has been forfeited -- was to have been initially satsified initially by September 30, 1985. The Office of Surface Mining Reclamation and Enforcement (OSMRE) ignores its statutory responsibility to assure timely and complete reclamation of surface coal mining and reclamation operations in Ohio (and elsewhere). The actuararial analysis (1993, 2009, 2011) performed onthe Ohio State regulatory program each conclude there is insufficient funding for long-term solvency of the performance bonding system. On December 23, 2011, Christopher S. Carlson, who performed the latest analysis (2009, 2011) made this presenation: http://www.casact.org/affiliates/bace/1211/Mine_Reclamation_CHRIS_CARLSON_Bace_20111213.pdf I ask that this material be included in the administrative record for the Ohio State regulatory program. In the presentation, Mr. Carlson notes of the Ohio program: Over 5,900 permits issued: close to 1,900 forfeitures He also states: Limited data available – “Deal with what you have” Significant number of assumptions required My comments are: Ohio has not performed timely reclamation at any of the nearly 1,900 forfeitures -- in many instances taking a decade or even two decades to complete the reclamation. The coal mining industry, especially the mining of coal to produce electricity which all Ohio coal is used for, is a drastic decline. This is a longterm decline which was not considered as part of the 2011 acturial analysis. The bond forfeiture funding system of the Ohio State regulatory program is essentially a ponzi scheme that relies on future funding sources to pay for past liabilities. Those future funding sources are now even risker than before.