In response to a concern expressed by the Independent Regulatory Review Commission last week, the Department of Environmental Protection withdrew the final regulation adopting an increase in noncoal mining permit fees to return it to the Environmental Quality Board to add clarifying language.

The IRRC asked DEP to add language to the regulation making it clear the fees adopted in the package do not exceed the cost of administering the program as required by the Noncoal Surface Mining Conservation and Reclamation Act.

The language would not change the timing or amount of the phased-in fee increases adopted in the package.

Returning the regulation to the EQB to add the clarifying language will delay finalization of the regulation, however, the fee increase was not set to go into effect until January 1, 2020 anyway.

Because of the sine die adjournment of the General Assembly on November 30, DEP expects to return the regulation to IRRC, after action by the EQB, for final action in March.

DEP expects to add similar clarifying language to other new fee packages as they are developed by the agency. Regulations increasing permit fees generally run 2 to 3 years behind actual need because of the lengthy adoption process.

Next up are expected to be proposed increases for the Air Quality and clean water programs.

The noncoal mining fees were adopted as final by the EQB in August.

For more information on the regulation, visit the Environmental Quality Board webpage and the August 21 meeting agenda.

[Posted: Oct. 23, 2018]

10/29/2018