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Noncoal Program Fees Environmental Quality Board July 17, 2012

Noncoal Program Fees Environmental Quality Board July 17, 2012. John J. Stefanko Deputy Secretary for Active and Abandoned Mine Operations. Timeline. EQB Approved Proposed Rule June 15, 2010 Published in PA Bulletin August 28, 2010 Public comment period ended September 27, 2010

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Noncoal Program Fees Environmental Quality Board July 17, 2012

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  1. Noncoal Program Fees Environmental Quality BoardJuly 17, 2012 John J. StefankoDeputy Secretary for Active and Abandoned Mine Operations

  2. Timeline • EQB Approved Proposed Rule June 15, 2010 • Published in PA Bulletin August 28, 2010 • Public comment period ended September 27, 2010 • DEP published for comment in PA Bulletin January 28, 2012

  3. Timeline • EQB approved final-form rule April 17, 2012 • The regulation was deemed approved by the standing committees on June 20 • IRRC disapproved Final-form rulemaking at June 21, 2012 meeting • IRRC issued disapproval order June 29, 2012

  4. IRRC Order • Was an Incremental increase considered? • Is this the least burdensome to the industry? • Regulation is consistent with statutory authority • IRRC found that the promulgation of the regulation is not in the public interest.

  5. DEP Response Clarifies decision-making on program funding Resubmittal without changes Responds to IRRC concerns Regulation is in the public interest

  6. Response • The administrative fee is incremental and least burdensome because it is phased in through out next year based upon mining license expiration • Fee-based funding is sustainable and targeted • Fees are consistent with statutory authority

  7. Response • Failure to provide funding will adversely impact the industry • Funding decisions are the responsibility and prerogative of the Agency • The proposed fees are comparable to neighboring states • DEP continues to work with the industry to improve efficiency and reduce costs

  8. Response The regulation is in the public interest • Provides a reliable funding source • Will prevent adverse impact to the industry • Allows miners to obtain the required permits Without the fees , the program will be curtailed

  9. Regulated Community • 1550 permittees • About 2250 Permits • Large (unlimited production)~ 700 • 10,000 Ton per year~ 300 • Small (<=2000 Ton per year) ~ 1250

  10. Program Data • ~ 6500 inspections per year • ~ 600 applications per year • 40 Full Time Equivalents • Total program cost is about $ 2.5 M per year

  11. Statutory Authority The department is authorized to charge and collect from persons a reasonable filing fee, which shall not exceed the cost of reviewing, administering and enforcing the permit.

  12. Fee Package • Application Fees • Annual Administration Fees

  13. Application Fees • Based on hours to review • One –time fee paid with the application • Fee schedule

  14. Annual Administration Fee • Paid each year • Based on type of permit (small or large) • Inspection Frequency (workload) • To begin January 1, 2013

  15. Recommendation DEP is requesting that the EQB approve the resubmission of the final rulemaking without amendments.

  16. John J. StefankoDeputy Secretary for Active and Abandoned Mine Operations

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